# The Reservoirs (Enforcement etc.) (Scotland) Order 2016, Paragraph 9: Non-compliance penalties


(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—
(a) a restoration notice or a restraint notice imposed on the reservoir manager; or
(b) an FEM undertaking from the reservoir manager which is accepted under paragraph 4(2).
(2) A “non-compliance penalty” is a requirement to pay a monetary penalty to SEPA.
(3) The amount of the monetary penalty (“the amount”) is—
(a) where the reservoir is a high risk reservoir, £1000; and
(b) where the reservoir is not a high risk reservoir, £600.
(4) A non-compliance penalty may only be imposed by notice (“a non-compliance penalty notice”) given by SEPA.
(5) The notice must include information as to—
(a) the grounds for imposing the non-compliance penalty;
(b) the amount of the penalty;
(c) how payment may be made;
(d) the period within which payment must be made;
(e) rights of appeal; and
(f) the consequences of non-payment.
(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.

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Source: https://www.legislation.gov.uk/sdsi/2016/9780111030844/schedule/2/paragraph/9 (the official version)
Page: https://openlegislation.uk/draft-reservoirs-enforcement-etc-scotland-order-2016/schedule-2/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.