Operation of penalties and cost recovery

30Costs recovery

(1)Provision under section 23 may include provision for SEPA to require a person on whom a variable monetary penalty is imposed to pay the costs incurred by SEPA in relation to the imposition of the penalty up to the time of its imposition.

(2)Where such provision is included, it must secure that—

(a)a requirement to pay the costs is imposed by notice,

(b)the notice specifies the amount required to be paid,

(c)SEPA may be required to provide a detailed breakdown of the amount,

(d)the person required to pay costs may appeal against—

(i)the decision of SEPA to impose the requirement,

(ii)the decision of SEPA as to the amount of the costs (including that some or all of the costs were unnecessarily incurred),

(e)SEPA is required to publish guidance about how it will exercise the power conferred by the provision.

(3)In subsection (1), the references to costs include in particular—

(a)investigation costs,

(b)administration costs,

(c)costs of obtaining expert advice (including legal advice).

(4)Subsections (1)(b) and (c) and (2) of section 29 apply to costs required to be paid by virtue of subsection (1) of this section as they apply to a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty.