# The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015, Schedule 4: Relevant offences and fixed penalty amounts


In the following table—
“FMP” is a fixed monetary penalty;
“VMP” is a variable monetary penalty;
“EU” is an enforcement undertaking; and
“FMP amount” is the level of fixed monetary penalty specified in accordance with paragraph 2 of Schedule 1.
Provision creating offence
FMP
VMP
EU
FMP amount
The Control of Pollution Act 1974
Section 30Z(3) (failure to give notice of proposed abandonment of a mine timeously)
YES
YES
YES
LOW
The Wildlife and Countryside Act 1981
Section 14K(1) (failing to comply with a species control order)
YES
YES
YES
MEDIUM
Section 14K(2) (obstruction)
YES
NO
NO
LOW
Section 14K(3) (carrying out an excluded operation)
YES
YES
YES
MEDIUM
The Sludge (Use in Agriculture) Regulations 1989
Regulation 9 (offences in relation to the use of sludge on agricultural land)
YES
YES
YES
MEDIUM
The Control of Pollution (Amendment) Act 1989
Section 1(1) (transporting controlled waste without registration)
YES
YES
YES
LOW
Section 5(4) (obstructing an authorised officer or constable or failing to comply with requirements in exercise of enforcement powers)
YES
NO
NO
LOW
Section 6(9) (obstruction: seizure of vehicles)
YES
NO
NO
LOW
Section 7(3)(a) (failure to provide information)
YES
YES
YES
LOW
Section 7(3)(b) (false or misleading information)
YES
YES
YES
HIGH
The Environmental Protection Act 1990
Section 33(6) (unauthorised or harmful depositing, treatment or disposal etc. of waste; breaching conditions of a waste management licence)
YES
YES
YES
MEDIUM
Section 34(6) (failure to comply with duty of care requirements)
YES
YES
YES
LOW
Section 35(7B) (waste management licences: false entry in records, and forgery of licences etc.)
YES
YES
YES
HIGH
Section 38(10) or (11) (failure to comply with measures required following suspension of licence)
YES
YES
YES
MEDIUM
Section 44(1) (false or misleading statements)
YES
YES
YES
HIGH
Section 44(2) (making false entries)
YES
YES
YES
HIGH
Section 57(5) (failure to comply with ministerial direction relating to waste acceptance etc.)
YES
YES
YES
LOW
Section 59(5) (failure to comply with notice requiring removal of waste)
YES
YES
YES
MEDIUM
Section 63(2) (offences in relation to depositing waste other than controlled waste)
YES
YES
YES
MEDIUM
Section 71(3) (failure to comply with information notice)
YES
YES
YES
LOW
Section 78M(1) (failure to comply with a remediation notice)
YES
YES
YES
MEDIUM
The Radioactive Substances Act 1993
Section 32(1) (offences relating to registration or authorisation)
NO
YES
YES
Section 33(1) (failure to display copies of documents)
YES
NO
YES
LOW
Section 33(2) (taking down or defacing documents)
YES
NO
YES
LOW
Section 33(3) (failure to comply with requirements relating to site or disposal records)
YES
YES
YES
LOW
Section 34A(1) or (2) (offences of making false or misleading statements or false entries)
YES
YES
YES
HIGH
The Environment Act 1995
Section 27(3)(a) (failure to comply with information notices)
YES
YES
YES
LOW
Section 27(3)(b) (false statements)
YES
YES
YES
HIGH
Section 110(1) (obstruction)
YES
NO
NO
LOW
Section 110(2)(a) (failure to comply with a requirement imposed under enforcement powers)
YES
NO
NO
LOW
Section 110(2)(b) (failure to provide facilities or assistance)
YES
NO
NO
LOW
Section 110(2)(c) (preventing answers)
YES
NO
NO
LOW
Section 110(3) (pretending to be an authorised person)
YES
NO
NO
LOW
The Special Waste Regulations 1996
Regulation 18(1) (failure to comply with regulations) insofar as it relates to—
(a) a failure to comply with regulation 17 or 17A of those Regulations;
YES
YES
YES
MEDIUM
(b) a failure to comply with any other obligation or requirement.
YES
YES
YES
LOW
Regulation 18(3) (false or misleading statements)
YES
YES
YES
HIGH
Regulation 18(4) (false entries in records)
YES
YES
YES
HIGH
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000
Regulation 13(1) (holding contaminated equipment without registration)
YES
YES
YES
MEDIUM
Regulation 13(2) (offences relating to holding, disposing and decontaminating of equipment)
YES
YES
YES
MEDIUM
Regulation 13(3) (failure to comply with labelling requirements)
YES
YES
YES
LOW
Regulation 13(4)(a) (false or misleading registration information)
YES
YES
YES
HIGH
Regulation 13(4)(b) (failure to provide inventories information)
YES
YES
YES
LOW
Regulation 13(4)(c) (false or misleading information)
YES
YES
YES
HIGH
The Waste and Emissions Trading Act 2003
Section 13(2) (failure to maintain records, gather information, or make returns etc.)
YES
YES
YES
LOW
Section 13(4)(a) (obstruction)
YES
NO
NO
LOW
Section 13(4)(b) (failure to comply with investigatory powers conferred under section 13(3))
YES
NO
NO
LOW
The Water Environment and Water Services (Scotland) Act 2003
Section 18(9)(a) (failure to comply with information notice etc.)
YES
YES
YES
LOW
Section 18(9)(b) (altering, supressing or destroying documents)
YES
YES
YES
HIGH
The Landfill (Scotland) Regulations 2003
Regulation 19(1) (landfill operator breaching certain prohibitions, criteria and requirements)
YES
YES
NO
MEDIUM
The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003
Regulation 11 insofar as it relates to a failure to comply with requirements under—
regulation 2(1), 2(2), 3(1) or 6 of those Regulations;
YES
YES
YES
MEDIUM
regulation 10 of those Regulations
YES
YES
YES
LOW
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
Regulation 40(1)(a) (breaching the producer registration obligation)
YES
YES
YES
MEDIUM
Regulation 40(1)(b) (breaching producer recovery and recycling obligations)
YES
YES
YES
MEDIUM
Regulation 40(1)(c) (breaching the certifying obligation)
YES
YES
YES
LOW
Regulation 40(3) (breaching operator recovery and recycling obligations)
YES
YES
YES
MEDIUM
Regulation 40(4) (contravening requirements or conditions of accreditation)
YES
YES
YES
MEDIUM
Regulation 40(5) (false or misleading information)
YES
YES
YES
HIGH
Regulation 40(6) (failure to comply with notice requirements)
YES
YES
YES
MEDIUM
Regulation 40(7) (obstruction)
YES
NO
NO
LOW
Regulation 40(8)(a) (holding companies; failure to comply with recovery and recycling obligations)
YES
YES
YES
MEDIUM
Regulation 40(8)(b) (holding companies; failure to furnish a certificate of compliance)
YES
YES
YES
LOW
The Environmental Liability (Scotland) Regulations 2009
Regulation 10(6) (failure by operator to take preventive measures, etc.)
YES
YES
YES
MEDIUM
Regulation 11(7) (failure by operator to identify potential remedial measures, etc.)
YES
YES
YES
MEDIUM
Regulation 12(5) (failure by operator to take remedial action, etc.)
YES
YES
YES
MEDIUM
Regulation 18(4) (failure to provide required information)
YES
YES
YES
LOW
The Waste Batteries and Accumulators Regulations 2009
Regulation 89(1)(a)(i) to (xx) (producer failing to comply with requirements etc.)
YES
YES
YES
MEDIUM
Regulation 89(1)(a)(xxi) (failure to declare battery producer registration number)
YES
YES
YES
LOW
Regulation 89(1)(b) (false or misleading information), insofar as it relates to information furnished under regulation 11 (information provided to operators of battery compliance schemes), 27 (application by a small producer to register) or 29 (notification of changes to registration details)
YES
YES
YES
HIGH
Regulation 89(1)(c) (false or misleading information)
YES
YES
YES
HIGH
Regulation 89(1)(d) (false or misleading information) insofar as it relates to reports furnished under regulation 13 (reporting: portable batteries placed on the market by a small producer) or 16(5) or (6) (reporting: portable batteries)
YES
YES
YES
HIGH
Regulation 89(2)(a)(scheme operator failing to comply with requirements etc.)
YES
YES
YES
MEDIUM
Regulation 89(2)(b) (false or misleading information)
YES
YES
YES
HIGH
Regulation 89(2)(c) (false or misleading declaration of compliance by scheme operator)
YES
YES
YES
HIGH
Regulation 89(4)(a) (approved battery treatment operator failing to comply with requirements etc.)
YES
YES
YES
MEDIUM
Regulation 89(4)(b) (false or misleading report by approved battery treatment operator)
YES
YES
YES
HIGH
Regulation 89(6)(a) (disposing of waste automotive and industrial batteries in landfill or by incineration)
YES
YES
YES
MEDIUM
Regulation 89(6)(b) (failure to comply with requirement for approval of battery treatment operators and exporters)
YES
YES
YES
MEDIUM
Regulation 89(6)(c) (disclosing information in contravention of regulation 82) insofar as the information disclosed under or by virtue of regulation 82(1) was disclosed by SEPA
YES
YES
YES
LOW
Regulation 89(6)(d) (failure to comply with an enforcement notice) insofar as enforcement notice was served by SEPA
YES
YES
YES
MEDIUM
Regulation 89(6)(e) (failure to comply with a requirement; powers of entry and inspection) insofar as the requirement was imposed by an enforcement officer authorised by SEPA
YES
NO
NO
LOW
Regulation 89(6)(f) (obstruction) insofar as the enforcement officer was authorised by SEPA
YES
NO
NO
LOW
Regulation 89(6)(g) (failure to provide assistance or information) insofar as the requirement was imposed by an enforcement officer authorised by SEPA
YES
NO
NO
LOW
Regulation 89(6)(h) (failure to produce records or information) insofar as the requirement to produce a record or information was imposed by an enforcement officer authorised by SEPA
YES
YES
YES
LOW
Regulation 89(6)(i) (false or misleading information to an enforcement officer) insofar as the information was provided to an enforcement officer authorised by SEPA
YES
YES
YES
HIGH
The Flood Risk Management (Scotland) Act 2009
Section 47(1)(a) (failure to provide information or documents required by notice)
YES
YES
YES
LOW
Section 47(1)(b) (disposal, altering etc. of documents)
YES
YES
YES
HIGH
Section 80(5) (obstruction)
YES
NO
NO
LOW
The Waste Information (Scotland) Regulations 2010
Regulation 6(1)(a) (offences related to waste information requests)
YES
YES
YES
LOW
Regulation 6(1)(b) (false or misleading statements)
YES
YES
YES
HIGH
The Reservoirs (Scotland) Act 2011
Section 5(2) (failure to comply: duty of multiple reservoir managers to co-operate)
YES
YES
YES
HIGH
Section 17(1) or (2) (failure to comply with registration requirements)
YES
YES
YES
HIGH
Section 42(1)(a) (failure to give notice of proposed construction or alteration works), in so far as—
(a) it relates to a controlled reservoir subject to alteration, where—
(i) the reservoir is a high-risk reservoir;
YES
YES
YES
MEDIUM
(ii) the reservoir is a not a high-risk reservoir;
YES
YES
YES
LOW
(b) it relates to a controlled reservoir being constructed.
YES
YES
YES
MEDIUM
Section 42(1)(b) (failure to appoint a construction engineer), in so far as—
(a) it relates to a controlled reservoir subject to alteration, where—
(i) the reservoir is a high-risk reservoir;
YES
YES
YES
MEDIUM
(ii) the reservoir is a not a high-risk reservoir.
YES
YES
YES
LOW
(b) it relates to a controlled reservoir being constructed.
YES
YES
YES
HIGH
Section 42(1)(c) (failure to notify SEPA of the appointment of the appointment of construction engineer), in so far as—
(a) it relates to a controlled reservoir subject to alteration, where—
(i) the reservoir is a high-risk reservoir;
YES
YES
YES
MEDIUM
(ii) the reservoir is a not a high-risk reservoir.
YES
YES
YES
LOW
(b) it relates to a controlled reservoir being constructed.
YES
YES
YES
MEDIUM
Section 42(1)(d) (failure to comply with direction as to the taking of safety measures in safety report)
YES
YES
YES
HIGH
Section 42(1)(e) (failure to comply with preliminary certificate or final certificate), where—
(a) the reservoir is a high-risk reservoir;
YES
YES
YES
HIGH
(b) the reservoir is a not a high-risk reservoir.
YES
YES
YES
MEDIUM
Section 52(1)(a) (failure to appoint inspecting engineer and carry out required inspections)
YES
YES
YES
HIGH
Section 52(1)(b) (failure to notify SEPA of appointment of inspecting engineer)
YES
YES
YES
MEDIUM
Section 52(1)(c) (failure to comply with direction as to the taking of measures in inspection report)
YES
YES
YES
HIGH
Section 52(1)(d) (failure to appoint supervising engineer)
YES
YES
YES
HIGH
Section 52(1)(e) (failure to notify SEPA of appointment of supervising engineer)
YES
YES
YES
MEDIUM
Section 52(1)(f) (failure to comply with direction of supervising engineer as to carrying out of visual inspection), where—
(a) the reservoir is a high-risk reservoir;
YES
YES
YES
HIGH
(b) the reservoir is a not a high-risk reservoir.
YES
YES
YES
MEDIUM
Section 52(1)(g) (failure to comply with notice of identification of something which might affect the safety of the reservoir)
YES
YES
YES
HIGH
Section 52(1)(h) (failure to keep record of water levels etc.), where—
(a) the reservoir is a high-risk reservoir;
YES
YES
YES
MEDIUM
(b) the reservoir is a not a high-risk reservoir.
YES
YES
YES
LOW
Section 52(2) (failure to give inspection engineer copy of final certificate and latest inspection report), where—
(a) the reservoir is a high-risk reservoir;
YES
YES
YES
MEDIUM
(b) the reservoir is a not a high-risk reservoir.
YES
YES
YES
LOW
Section 58(1)(a) (failure to maintain records etc.), where—
(a) the reservoir is a high-risk reservoir;
YES
YES
YES
MEDIUM
(b) the reservoir is a not a high-risk reservoir.
YES
YES
YES
LOW
Section 58(1)(b) (failure to display emergency response information), where—
(a) the reservoir is a high-risk reservoir;
YES
YES
YES
MEDIUM
(b) the reservoir is a not a high-risk reservoir.
YES
YES
YES
LOW
Section 66(1) (failure to comply with a notice regarding appointment of engineer or to notify appointment)
YES
YES
YES
HIGH
Section 70(1) (failure to comply with enforcement notice)
YES
YES
YES
HIGH
Section 94(1) (obstruction or preventing access to land)
YES
NO
NO
LOW
Section 99(1) (failure to provide reasonable facilities to engineers or information or assistance to SEPA)
YES
YES
NO
MEDIUM
Section 99(2) (altering, suppressing or destroying documents)
YES
YES
YES
HIGH
Section 103(4) (failure to provide notice of revocation of appointment or resignation of engineer), where—
(a) the reservoir is a high-risk reservoir;
YES
YES
YES
HIGH
(b) the reservoir is a not a high-risk reservoir.
YES
YES
YES
MEDIUM
The Water Environment (Controlled Activities) (Scotland) Regulations 2011
Regulation 44(1)(a) (breaching prohibition on unauthorised controlled activity)
YES
YES
YES
MEDIUM
Regulation 44(1)(b) (failure to comply with a general binding rule)
YES
YES
YES
MEDIUM
Regulation 44(1)(c) (failure to comply with a registration)
YES
YES
YES
MEDIUM
Regulation 44(1)(d) (failure to comply with a water use licence)
YES
YES
YES
MEDIUM
Regulation 44(1)(e) to (i) (enforcement powers, obstruction, etc.)
YES
NO
NO
LOW
Regulation 44(1)(j) (failure to comply with an enforcement notice)
YES
YES
YES
MEDIUM
Regulation 44(1)(k) (failure to comply with an information notice)
YES
YES
YES
LOW
Regulation 44(1)(l) to (n) (false or misleading statements, false entries and forged documents etc.)
YES
YES
YES
HIGH
Regulation 44(1)(o) (causing or permitting the committing of an offence), where the person caused or permitted a person to commit an offence—
(a) under regulation 44(1)(a), (b), (c), (d) or (j);
YES
YES
YES
MEDIUM
(b) under regulation 44(1)(e), (f), (g), (h) or (i);
YES
NO
NO
LOW
(c) under regulation 44(1)(k);
YES
YES
YES
LOW
(d) under regulation 44(1)(l), (m) or (n)
YES
YES
YES
HIGH
The Waste Management Licensing (Scotland) Regulations 2011
Regulation 19(1) (carrying on an exempt activity without registration)
YES
YES
YES
MEDIUM
Regulation 28(6) (carrying on an exempt activity in breach of the registration obligations)
YES
YES
YES
MEDIUM
Regulation 30(1) (unregistered broker or dealer etc.)
YES
YES
YES
MEDIUM
Paragraph 12(1) of Schedule 4 (unregistered collecting or transporting of waste)
YES
YES
YES
MEDIUM
Paragraph 14(4) of Schedule 4 (failure to comply with record keeping obligations)
YES
YES
YES
LOW
Paragraph 14(6) or (7) of Schedule 4 (false records)
YES
YES
YES
HIGH
The Pollution Prevention and Control (Scotland) Regulations 2012
Regulation 67(1)(a) (contravention of permit requirements)
YES
YES
YES
MEDIUM
Regulation 67(1)(b) (failure to comply with conditions of a permit)
YES
YES
YES
MEDIUM
Regulation 67(1)(c) (failure to notify SEPA 14 days before change in operation)
YES
YES
YES
LOW
Regulation 67(1)(d) (failure to comply with an enforcement notice, suspension notice or closure notice)
YES
YES
YES
MEDIUM
Regulation 67(1)(e) (failure to comply with information notice)
YES
YES
YES
LOW
Regulation 67(1)(f) (failure to notify SEPA immediately of breach of permit)
YES
YES
YES
LOW
Regulation 67(1)(fa) (carrying out a substantial refurbishment of an installation without authorisation)
YES
YES
YES
MEDIUM
Regulation 67(1)(g) to (i) (false or misleading information, false entries, forging documents etc.)
YES
YES
YES
HIGH
Regulation 67(1)(k) (failure to comply with duties on operators in Part 3 of Schedule 2)
YES
YES
YES
LOW
The CRC Energy Efficiency Scheme Order 2013
Article 82(1) (false or misleading statements) insofar as the statement is made in purported compliance with article 45, or Parts 9 to 12 of that Order
YES
YES
YES
HIGH
Article 82(2) (failure to comply with enforcement notice) insofar as the enforcement notice was served by SEPA or the Scottish Ministers
YES
YES
YES
MEDIUM
Article 82(4) (pretending to be an unauthorised person) insofar as pretending to be a person authorised by SEPA.
YES
NO
NO
LOW
Article 82(5) (refusing access to premises) insofar as the administrator is SEPA.
YES
YES
YES
LOW
The Waste Electrical and Electronic Equipment Regulations 2013
Regulation 90(1)(a) (failure to comply with producer obligations etc. under regulations 11 to 20)
YES
YES
YES
MEDIUM
Regulation 90(1)(b) or (c) (false or misleading information)
YES
YES
YES
HIGH
Regulation 90(2) (failure to comply with producer obligations etc. under regulations 21 to 24)
YES
YES
YES
LOW
Regulation 90(3)(b) or (c) (false or misleading information)
YES
YES
YES
HIGH
Regulation 90(4) (failure of an operator to ensure that systems are set up to prioritise the reuse of whole appliances)
YES
YES
YES
MEDIUM
Regulation 90(6) (record keeping: distribution)
YES
YES
YES
LOW
Regulation 90(7)(a) (failure of an operator of an approved treatment facility or approved exporter to comply with requirements) insofar as it relates to regulation 54(2), 66 or 67
YES
YES
YES
LOW
Regulation 90(7)(a) (failure of an operator of an approved treatment facility or approved exporter to comply with requirements) insofar as it relates to regulation 54(1) or 63
YES
YES
YES
MEDIUM
Regulation 90(7)(b) (false or misleading information: report by operator of authorised treatment facility or approved exporter)
YES
YES
YES
HIGH
Regulation 90(8)(a) (miscellaneous offences) insofar as it relates to regulations 47 and 51
YES
YES
YES
LOW
Regulation 90(8)(a) (miscellaneous offences) insofar as it relates to regulation 60
YES
YES
YES
MEDIUM
Regulation 90(8)(b) (failure to comply with an enforcement notice)
YES
YES
YES
MEDIUM
Regulation 90(8)(c) (entry and inspection powers; failure to comply)
YES
NO
NO
LOW
Regulation 90(8)(d) (obstruction)
YES
NO
NO
LOW
Regulation 90(8)(e) (failure to give assistance or information)
YES
NO
NO
LOW
Regulation 90(8)(f) (failure to produce information when required)
YES
YES
YES
LOW
Regulation 90(8)(g) (false or misleading information)
YES
YES
YES
HIGH
Regulation 90(9) (failure to collect or transport waste electrical and electronic equipment in a way that optimises reuse and recycling)
YES
YES
YES
MEDIUM
The Ozone-Depleting Substances Regulations 2015
Regulation 8(1) (qualifications and supervision)
YES
YES
YES
MEDIUM
Regulation 8(2) (offences related to training)
YES
YES
YES
MEDIUM
Regulation 15(a) (preventing a person from appearing or answering questions)
YES
NO
NO
LOW
Regulation 15(b) (obstruction)
YES
NO
NO
LOW
Regulation 15(c) (false or misleading information)
YES
YES
YES
HIGH
Regulation 15(d) (failure to produce records)
YES
YES
YES
LOW

---
Source: https://www.legislation.gov.uk/sdsi/2015/9780111029466/schedule/4 (the official version)
Page: https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-order-2015/schedule-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.