{
  "url": "https://openlegislation.uk/draft-reservoirs-enforcement-etc-scotland-order-2016/schedule-2/paragraph-9",
  "json_url": "https://openlegislation.uk/draft-reservoirs-enforcement-etc-scotland-order-2016/schedule-2/paragraph-9.json",
  "legislation": "sdsi/2016/9780111030844",
  "legislation_title": "The Reservoirs (Enforcement etc.) (Scotland) Order 2016",
  "legislation_url": "https://openlegislation.uk/draft-reservoirs-enforcement-etc-scotland-order-2016",
  "path": "schedule/2/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Non-compliance penalties",
  "text": "(1) SEPA may impose a non-compliance penalty on a reservoir manager of a controlled reservoir (“the reservoir”) if the reservoir manager fails to comply with—\n(a) a restoration notice or a restraint notice imposed on the reservoir manager; or\n(b) an FEM undertaking from the reservoir manager which is accepted under paragraph 4(2).\n(2) A “non-compliance penalty” is a requirement to pay a monetary penalty to SEPA.\n(3) The amount of the monetary penalty (“the amount”) is—\n(a) where the reservoir is a high risk reservoir, £1000; and\n(b) where the reservoir is not a high risk reservoir, £600.\n(4) A non-compliance penalty may only be imposed by notice (“a non-compliance penalty notice”) given by SEPA.\n(5) The notice must include information as to—\n(a) the grounds for imposing the non-compliance penalty;\n(b) the amount of the penalty;\n(c) how payment may be made;\n(d) the period within which payment must be made;\n(e) rights of appeal; and\n(f) the consequences of non-payment.\n(6) Where a reservoir manager on whom a non-compliance penalty is imposed does not pay the penalty, the penalty is recoverable as if it were payable under an extract decree arbitral bearing a warrant for execution by the sheriff for any sheriffdom.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2016/9780111030844/schedule/2/paragraph/9",
    "retrieved_at": "2026-10-30T15:34:31.504523+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}