Regulation 114 Interpretation

In this Part and in Schedule 13—

• “compliance notice” means a notice requiring a person to take such steps as are specified in the notice, within such time as is specified in the notice, to ensure that a contravention of a provision of these Regulations does not occur, continue or recur;

• “enforcement agency” means—

  1. (a)

     the appropriate agency, in relation to—

     1. (i)

        an offence under regulation 115, 116, 117 or 118; or

     2. (ii)

        any civil sanction specified in the table in Part 1 of Schedule 13, other than a civil sanction referred to in sub-paragraph (b);

  2. (b)

     the scheme administrator, in relation to a civil sanction imposed for a contravention of regulation 68(4) or paragraph 6(1) of Schedule 9 (failure to pay disposal or administration fees by 50 days after the due date);

• “enforcement undertaking” means a written undertaking given by a person to the enforcement agency to take such action as may be specified in the undertaking within such period as may be so specified;

• “fixed monetary penalty” means a penalty of the amount specified in paragraph 2(1) of Schedule 13;

• “Scottish enforcement agency” means—

  1. (a)

     SEPA;

  2. (b)

     the scheme administrator, so far as it is imposing a civil sanction provided for in these Regulations in Scotland;

• “variable monetary penalty” means a penalty of such amount as is determined by the enforcement agency.