The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015
PART 1
1Citation and commencement
2Interpretation
PART 2
3The enforcement measures
4Combination of sanctions
PART 3
5Recovery of payments
6Withdrawal of notice etc.
7Appeals
8Powers of the Court
9Guidance
10Additional guidance
11Publication of enforcement action
12Payment of penalties etc to the Scottish Ministers
PART 4
13Amendment of the Scottish Land Court Act 1993
14Amendment of Fees Order
SCHEDULE 1Fixed monetary penalties
1Power to impose fixed monetary penalties
2Relevant offences for fixed monetary penalties
3Specified amount
4Notice of intent
5Right to make written representations
6Decision to impose fixed monetary penalty
7Final notice
8Appeals against a fixed monetary penalty
9Payment requirements
10Late payment penalties
11Fixed monetary penalties: effect on criminal proceedings etc.
SCHEDULE 2Variable monetary penalties etc.
CHAPTER 1Variable Monetary Penalties
1Power to impose variable monetary penalties
2Relevant offences for variable monetary penalties
3Notice of intent
4Right to make written representations
5Decision to impose a variable monetary penalty
6Final notice
7Appeals against variable monetary penalties
8Payment requirements for variable monetary penalties
9Costs recovery notices
10Appeals against costs recovery notices
11Payment requirements for costs recovery notices
CHAPTER 2VMP Undertakings
12VMP undertakings
13Inaccurate, incomplete and misleading information
14Non-compliance penalties
15Appeals against non-compliance penalties
16Payment requirements for non-compliance penalties
CHAPTER 3Effect on criminal proceedings etc. and late payment interest
17Variable monetary penalties: effect on criminal proceedings etc.
18Late payment interest
SCHEDULE 3Enforcement undertakings
1Enforcement undertakings
2Relevant offences for enforcement undertakings
3Contents of an enforcement undertaking
4Consequences of an enforcement undertaking and certificates of non-compliance
5Inaccurate, incomplete or misleading information
6Appeal against a certificate of non-compliance
SCHEDULE 4Relevant offences and fixed penalty amounts

Draft Order laid before the Scottish Parliament under section 58(3) of the Regulatory Reform (Scotland) Act 2014 for approval by resolution of the Scottish Parliament.

2015 No. 

Environmental Protection
Enforcement

The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

Made

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 20 to 32, 53, 58(1), and 59 of the Regulatory Reform (Scotland) Act 20141 and section 107 of the Courts Reform (Scotland) Act 20142 and all other powers enabling them to do so.

In accordance with section 58(3) of the Regulatory Reform (Scotland) Act 2014, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament3.