Regulation 122 Civil sanctions: Scottish enforcement agencies

In regulation 121(1), sub-paragraphs (a)(i) and (ii) and (b) do not apply to SEPA.

In regulation 121, paragraphs (2) and (3) only apply to SEPA to the extent to which they relate to a compliance notice issued by SEPA under regulation 121(1)(a)(iii).

The scheme administrator may recover a fixed monetary penalty or a variable monetary penalty which it has imposed in Scotland as a civil debt, and the amount is recoverable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by a sheriff of any sheriffdom.

The Lord Advocate may issue, and from time to time revise, guidance to the scheme administrator on the exercise of its functions relating to enforcement measures in Scotland.

The scheme administrator must have regard to any guidance issued under paragraph (4) in exercising those functions in Scotland.