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1.—(1) SEPA may by notice impose a variable monetary penalty on a person in relation to a relevant offence.
(2) Before doing so SEPA must be satisfied on the balance of probabilities that the person has committed the offence to which the penalty relates.
(3) A “variable monetary penalty” is, subject to sub-paragraph (4), a requirement to pay SEPA a penalty of such an amount as SEPA may in each case determine.
(4) SEPA may not impose a variable monetary penalty that exceeds the following maximum amounts—
(a)in the case mentioned in sub-paragraph (5), the maximum amount of the fine that may be imposed on summary conviction in such a case; and
(b)in any other case, £40,000.
(5) The case is one where the offence in respect of which the variable monetary penalty is imposed is—
(a)triable summarily (whether or not it is also triable on indictment); and
(b)is punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment).
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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