C1SCHEDULE 2Further provision about civil sanctions under Part 4 (marine licensing)
Guidance as to use of civil sanctions
9
1
Where the Scottish Ministers make provision about the imposition of civil sanctions under section 46 or 48 the provision must secure the results in sub-paragraph (2).
2
The results are that—
a
the Scottish Ministers must publish guidance about their use of the sanction,
b
in the case of guidance relating to a fixed monetary penalty or a variable monetary penalty, the guidance must contain the relevant information,
c
the Scottish Ministers must revise the guidance where appropriate,
d
the Scottish Ministers must consult such persons as the provision may specify before publishing any guidance or revised guidance,
e
the Scottish Ministers must have regard to the guidance or the revised guidance in exercising their functions under Part 4.
3
In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—
a
the circumstances in which the penalty is likely to be imposed,
b
the circumstances in which it may not be imposed,
c
the amount of the penalty,
d
how liability for the penalty may be discharged and the effect of the discharge,
e
rights to make representations and objections and rights of appeal.
4
In the case of guidance relating to a variable monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—
a
the circumstances in which the penalty is likely to be imposed,
b
the circumstances in which it may not be imposed,
c
the matters likely to be taken into account by the Scottish Minister in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and
d
rights to make representations and objections and rights of appeal.
Sch. 2 applied (9.11.2020) by The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2020 (S.S.I. 2020/316), arts. 1, 14