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The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

S.S.I. 2015/383 · Made 11 November 2015 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2025.

Environmental Protection

Enforcement

Made 11th November 2015

Coming into force 12th November 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 20 to 32, 53, 58(1), and 59 of the Regulatory Reform (Scotland) Act 2014f1 and section 107 of the Courts Reform (Scotland) Act 2014f2 and all other powers enabling them to do so.

In accordance with section 58(3) of the Regulatory Reform (Scotland) Act 2014, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliamentf3.

Annotations to the whole text

Footnotes

f1

2014 asp 3.

f2

2014 asp 18.

f3

The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). This Order is subject to the affirmative procedure by virtue of section 33(3) of that Act.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Enforcement measures
  5. 3The enforcement measures
  6. 4Combination of sanctions
  7. Part 3: Administration and Enforcement
  8. 5Recovery of payments
  9. 6Withdrawal of notice etc.
  10. 7Appeals
  11. 8Powers of the Court
  12. 9Guidance
  13. 10Additional guidance
  14. 11Publication of enforcement action
  15. 12Payment of penalties etc to the Scottish Ministers
  16. Part 4: Consequential Amendments
  17. 13Amendment of the Scottish Land Court Act 1993
  18. 14Amendment of Fees Order
  19. Signature
  20. Schedule 1: Fixed monetary penalties
  21. 1Power to impose fixed monetary penalties
  22. 2Relevant offences for fixed monetary penalties
  23. 3Specified amount
  24. 4Notice of intent
  25. 5Right to make written representations
  26. 6Decision to impose fixed monetary penalty
  27. 7Final notice
  28. 8Appeals against a fixed monetary penalty
  29. 9Payment requirements
  30. 10Late payment penalties
  31. 11Fixed monetary penalties: effect on criminal proceedings etc.
  32. Schedule 2: Variable monetary penalties etc.
  33. Chapter 1: Variable Monetary Penalties
  34. 1Power to impose variable monetary penalties
  35. 2Relevant offences for variable monetary penalties
  36. 3Notice of intent
  37. 4Right to make written representations
  38. 5Decision to impose a variable monetary penalty
  39. 6Final notice
  40. 7Appeals against variable monetary penalties
  41. 8Payment requirements for variable monetary penalties
  42. 9Costs recovery notices
  43. 10Appeals against costs recovery notices
  44. 11Payment requirements for costs recovery notices
  45. Chapter 2: VMP Undertakings
  46. 12VMP undertakings
  47. 13Inaccurate, incomplete and misleading information
  48. 14Non-compliance penalties
  49. 15Appeals against non-compliance penalties
  50. 16Payment requirements for non-compliance penalties
  51. Chapter 3: Effect on criminal proceedings etc. and late payment interest
  52. 17Variable monetary penalties: effect on criminal proceedings etc.
  53. 18Late payment interest
  54. Schedule 3: Enforcement undertakings
  55. 1Enforcement undertakings
  56. 2Relevant offences for enforcement undertakings
  57. 3Contents of an enforcement undertaking
  58. 4Consequences of an enforcement undertaking and certificates of non-compliance
  59. 5Inaccurate, incomplete or misleading information
  60. 6Appeal against a certificate of non-compliance
  61. Schedule 4Relevant offences and fixed penalty amounts
  62. Explanatory note