Marine (Scotland) Act 2010

Valid from 06/04/2011

Recovery of expenses S

6 (1) Provision under section 48 may include provision for the Scottish Ministers, by notice, to require a person on whom a variable monetary penalty is imposed to pay the expenses incurred by the Scottish Ministers in relation to the imposition of the penalty up to the time of its imposition. S

(2) In sub-paragraph (1), the reference to expenses includes in particular—

(a) investigation expenses,

(b) administration expenses,

(c) the expenses of obtaining expert advice (including legal advice).

(3) Provision under this paragraph must secure that, in any case where a notice requiring payment of expenses is served—

(a) the notice specifies the amount required to be paid,

(b) the Scottish Ministers may be required to provide a detailed breakdown of that amount,

(c) the person required to pay the expenses is not liable to pay any expenses shown by the person to have been unnecessarily incurred,

(d) the person required to pay the expenses may appeal against—

(i) the decision of the Scottish Ministers to impose the requirement to pay expenses,

(ii) the decision of the Scottish Ministers as to the amount of the expenses.

(4) Provision under this paragraph may include the provision referred to in paragraph 5(b) and (c).

(5) Provision under this paragraph must secure that the Scottish Ministers are required to publish guidance about how they will exercise the power conferred by the provision.