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The Reservoirs (Enforcement etc.) (Scotland) Order 2016

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Payment requirements for expenses recovery notices

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3.—(1) The amount to be paid by a reservoir manager under an expenses recovery notice must, unless sub-paragraph (3) applies, be paid to SEPA within a period of 56 days beginning with the day the notice was given to the reservoir manager, or such longer period as SEPA may specify in the notice.

(2) Where sub-paragraph (3) applies, the amount to be paid by the reservoir manager under an expenses recovery notice must be paid to SEPA within whichever of the following periods ends later—

(a)the period (if any) specified in the notice;

(b)a period of 56 days beginning with the day on which the notice was given to the reservoir manager;

(c)a period of 28 days beginning with the day on which the appeal is determined or withdrawn; or

(d)such modified period as the Scottish Ministers, in determining the appeal, may specify.

(3) This sub-paragraph applies where, in relation to an expenses recovery notice—

(a)an appeal is made in accordance with paragraph 2 against a decision of SEPA—

(i)to impose the requirement to pay expenses; or

(ii)as to the amount of the expenses,

and the Scottish Ministers, in determining the appeal, uphold the decision; or

(b)an appeal is made under paragraph 2 and the appeal is withdrawn.

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