{
  "url": "https://openlegislation.uk/environmental-regulation-enforcement-measures-scotland-order-2015/schedule-2/paragraph-14",
  "json_url": "https://openlegislation.uk/environmental-regulation-enforcement-measures-scotland-order-2015/schedule-2/paragraph-14.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/14",
  "kind": "paragraph",
  "number": "14",
  "heading": "Non-compliance penalties",
  "text": "(1) SEPA may impose a non-compliance penalty on a person who fails to comply with a VMP undertaking which is accepted from the person.\n(2) A “non-compliance penalty” is a requirement to pay SEPA an amount calculated in accordance with sub-paragraph (3).\n(3) The amount of the non-compliance penalty is to be determined by SEPA and, subject to sub-paragraph (4), must be—\n(a) an amount equivalent to 140% of the variable monetary penalty which SEPA would have imposed by final notice had the undertaking not been accepted; or\n(b) a lesser amount, where SEPA considers there are exceptional circumstances justifying it.\n(4) The maximum amount of the non-compliance penalty that may be imposed in any case is the same as the maximum amount of a variable monetary penalty which would apply in that case in accordance with paragraph 1(4).\n(5) Where a decision is taken to impose a non-compliance penalty, SEPA may do so by serving a non-compliance penalty notice.\n(6) A non-compliance penalty 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) late payment interest;\n(f) rights of appeal; and\n(g) the consequences of non-payment.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 14 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/14",
    "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."
}