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Section 48 Variable monetary penaltiesI1C1

(1)

The Scottish Ministers may by order make provision about the imposition of variable monetary penalties on persons in relation to offences under this Part.

(2)

Provision under subsection (1) must provide that—

(a)

variable monetary penalties may only be imposed where the Scottish Ministers are satisfied beyond reasonable doubt that a person has committed an offence under this Part,

(b)

variable monetary penalties are to be imposed by notice.

(3)

For the purposes of this Part a “variable monetary penalty” is a penalty of such amount as the Scottish Ministers may in each case determine.

Annotations

Modifications

C1

Ss. 46-50 applied (9.11.2020) by The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2020 (S.S.I. 2020/316), arts. 1, 14

Commencement

I1

S. 48 in force at 6.4.2011 by S.S.I. 2011/58, art. 3(a)

Notes on Part 4

Modifications

C1

Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.

C2

Pt. 4 power to amend or modify conferred (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 25(3), 32(1) (with s. 30)