PART 3Administration and Enforcement
Guidance9
1
Where power is conferred on SEPA by this Order to impose an enforcement measure in relation to an offence, SEPA must publish guidance about—
a
how the offence is enforced;
b
the sanctions (including criminal sanctions) to which a person who commits the offence may be liable;
c
the action which SEPA may take to enforce the offence, whether by virtue of this Order or otherwise;
d
the circumstances in which SEPA is likely to take any such action;
e
SEPA’s use of the enforcement measure; and
f
in the case of guidance relating to a fixed monetary penalty or variable monetary penalty, the guidance must contain the relevant information provided for in paragraph (2) or (3) as the case may be.
2
In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in paragraph (1)(f) is information as to—
a
the circumstances in which the penalty is likely to be imposed;
b
the circumstances in which it may not be imposed;
c
the amount of the penalty; and
d
rights to make representations and rights of appeal.
3
In the case of guidance relating to a variable monetary penalty, the relevant information referred to in paragraph (1)(f) is information as to—
a
the circumstances in which the penalty is likely to be imposed;
b
the circumstances in which it may not be imposed;
c
the matters likely to be taken into account by SEPA in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance);
d
rights to make representations and rights of appeal; and
e
SEPA’s use of non-compliance penalties.
4
SEPA must have regard to the guidance in exercising its functions.
5
An “enforcement measure” means a fixed monetary penalty, variable monetary penalty or enforcement undertaking (and any references to the imposition of an enforcement measure include acceptance of an enforcement measure).
6
In this article, any references to guidance include references to any guidance revised by virtue of section 31(8) of the Act.