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of 28 days beginning with the day on which the appeal has been determined or withdrawn, where the costs recovery notice has been appealed under paragraph (10);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