{
  "url": "https://openlegislation.uk/environmental-regulation-enforcement-measures-scotland-order-2015/schedule-2/paragraph-1",
  "json_url": "https://openlegislation.uk/environmental-regulation-enforcement-measures-scotland-order-2015/schedule-2/paragraph-1.json",
  "legislation": "ssi/2015/383",
  "legislation_title": "The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015",
  "legislation_url": "https://openlegislation.uk/environmental-regulation-enforcement-measures-scotland-order-2015",
  "path": "schedule/2/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Power to impose variable monetary penalties",
  "text": "(1) SEPA may by notice impose a variable monetary penalty on a person in relation to a relevant offence.\n(2) Before doing so SEPA must be satisfied on the balance of probabilities that the person has committed the offence to which the penalty relates.\n(3) A “variable monetary penalty” is, subject to sub-paragraph (4), a requirement to pay SEPA a penalty of such an amount as SEPA may in each case determine.\n(4) SEPA may not impose a variable monetary penalty that exceeds the following maximum amounts—\n(a) in the case mentioned in sub-paragraph (5), the maximum amount of the fine that may be imposed on summary conviction in such a case; and\n(b) in any other case, £40,000.\n(5) The case is one where the offence in respect of which the variable monetary penalty is imposed is—\n(a) triable summarily (whether or not it is also triable on indictment); and\n(b) is punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 1 in force at 12.11.2015, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2015/383/schedule/2/paragraph/1",
    "retrieved_at": "2026-10-28T21:27:01.378659+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."
}