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The Landfill Allowances Scheme (Scotland) Regulations 2005

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Penalties: general

21.—(1) Where a waste disposal authority is liable to a penalty, the Scottish Ministers may–

(a)assess the amount of the penalty, and

(b)notify the authority of that amount.

(2) Before issuing a notification under paragraph (1)(b), the Scottish Ministers shall consult the waste disposal authority and have regard to any representations made by it.

(3) The penalty is due one month after the date on which the waste disposal authority is notified by the Scottish Ministers under paragraph (1)(b) (“the due date”).

(4) Where a waste disposal authority does not pay a penalty in full by the due date, the waste disposal authority is liable to pay interest on any outstanding amount of the penalty for the period which–

(a)begins on the due date; and

(b)ends on the day before the day on which the penalty is paid in full.

(5) Interest under this regulation shall be payable at a rate of one percentage point above LIBOR on a day to day basis.

(6) Where an amount has been assessed and notified to a waste disposal authority under paragraph (1)(b), the amount and any interest incurred under paragraph (4) shall be recoverable by civil diligence.

(7) In paragraph (5), “LIBOR” means the sterling three month London interbank offered rate in force during the period between–

(a)the due date, and

(b)the date on which the penalty is paid in full.

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