Reservoirs (Scotland) Act 2011

74 Stop notices: procedure

(1) Provision under section 73(1) must secure the results in subsection (2) in a case where a stop notice is given.

(2) The results are that—

(a) the stop notice must comply with subsection (3),

(b) the reservoir manager to whom it is given may appeal to the Scottish Ministers against the decision to issue it,

(c) where, after giving of the notice, SEPA is satisfied that the manager has taken the steps specified in the notice, SEPA must give a certificate to that effect (a “completion certificate”),

(d) the notice ceases to have effect on the giving of a completion certificate,

(e) the reservoir manager to whom the notice is given may at any time apply for a completion certificate,

(f) SEPA must make a decision as to whether to give a completion certificate before the end of the period of 14 days beginning with the day on which the application for the certificate was made,

(g) the reservoir manager to whom the notice is given may appeal to the Scottish Ministers against a decision not to give a completion certificate.

(3) To comply with this subsection a stop notice must include information as to—

(a) the grounds for giving the notice,

(b) rights of appeal,

(c) the consequences of non-compliance.

(4) Provision pursuant to subsection (2)(b) must secure that the grounds on which a reservoir manager may appeal against a decision of SEPA to give a stop notice include that—

(a) the decision was based on an error of fact,

(b) the decision was wrong in law,

(c) the decision was unreasonable,

(d) any step specified in the notice is unreasonable,

(e) the reservoir manager has not committed the offence and would not have committed it had the stop notice not been given,

(f) the manager would not, by reason of any defence, have been liable to be convicted of the offence had the stop notice not been given.

(5) Provision pursuant to that subsection may include provision about the determining by or under the order of a fee, and the charging of any fee so determined, in connection with an appeal and may require the return of a fee paid in relation to an appeal which is upheld.

(6) Provision pursuant to subsection (2)(g) must secure that the grounds on which a reservoir manager may appeal against a decision of SEPA not to give a completion certificate include that—

(a) the decision was based on an error of fact,

(b) the decision was wrong in law,

(c) the decision was unfair or unreasonable.