PART 4Enforcement specific to Scotland

Recovery of enforcement costs28

1

SEPA may give a person a costs recovery notice if condition A or B is met.

2

A costs recovery notice is a notice requiring the person to pay SEPA's costs.

3

Condition A is that the SEPA has given the person an enforcement notice.

4

Condition B is that SEPA has taken action to ensure compliance with an enforcement notice under regulation 27.

5

In paragraph (2), the reference to costs is a reference—

a

if condition A is met, to any costs relating to preparing and giving the enforcement notice, and

b

if condition B is met, to any costs relating to the action taken,

and includes a reference to the costs of any related investigation or expert advice (including legal advice).

6

The costs must be paid by the person within the period (the “payment period”)—

a

of 56 days beginning with the day on which the costs recovery notice is given, where the costs recovery notice has not been appealed under paragraph (10);

b

of 28 days beginning with the day on which the appeal has been determined or withdrawn, where the costs recovery notice has been appealed under paragraph (10);

c

of so many days as the Scottish Ministers may specify, where the costs recovery notice has been appealed under paragraph (10) and the Scottish Ministers have so specified.

7

The costs recovery notice must state—

a

the amount of the costs which must be paid,

b

in general terms, how those costs have arisen,

c

the payment period,

d

how payment must be made,

e

the consequences of failing to make payment within the payment period (see paragraph (9)), and

f

that there is a right to appeal against the costs recovery notice and how that right may be exercised.

8

Following the payment period, SEPA may recover the costs referred to in the costs recovery notice and any related interest under regulation 29 as a civil debt.

9

The costs are recoverable as if they were payable under an extract registered decree arbitral bearing a warrant for execution issued by a sheriff of any sheriffdom.

10

SEPA may withdraw a costs recovery notice given by it by informing the person to whom it was given in writing.

11

A person to whom a costs recovery notice is given may appeal to the Scottish Ministers against it on one or more of the following grounds—

a

that the decision to give the costs recovery notice was based on an error of fact;

b

that the decision was wrong in law;

c

that some or all of the costs were not incurred or were unnecessarily incurred;

d

any other ground.