23Variable monetary penalties
(1)The Scottish Ministers may by order make provision for or about the imposition by SEPA of a variable monetary penalty on a person in relation to a relevant offence.
(2)Provision under subsection (1) must provide that a variable monetary penalty—
(a)may be imposed on a person only where SEPA is satisfied on the balance of probabilities that the person has committed the offence to which the penalty relates,
(b)is to be imposed by notice, and
(c)may not be imposed on a person in relation to an offence constituted by an act or omission if a variable monetary penalty has already been imposed on that person in respect of the same offence constituted by the same act or omission.
(3)For the purposes of this Chapter, a “variable monetary penalty” is, subject to subsection (4), a requirement to pay SEPA a penalty of such amount as SEPA may in each case determine.
(4)SEPA may not in any case impose a variable monetary penalty that exceeds the maximum amount specified in an order made under subsection (1) in relation to that case.
(5)The maximum amount that may be so specified is—
(a)in the case mentioned in subsection (6), the maximum amount of the fine that may be imposed on summary conviction in such a case,
(b)in any other case, £40,000.
(6)The case is one where the offence in respect of which the variable monetary penalty is imposed—
(a)is 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).
(7)The Scottish Ministers may by order substitute another sum for the one for the time being mentioned in subsection (5)(b).