C1C2Part VI Enforcement
Pt. VI modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
Breach of condition notices
145AF1Fixed penalty notice where breach of condition notice not complied with
1
Where a planning authority have reason to believe that, by virtue of subsection (8) of section 145, a person is in breach of a breach of condition notice they may, provided that the conditions mentioned in subsection (7) are satisfied, serve on him a fixed penalty notice as respects that breach.
2
The fixed penalty notice is to specify—
a
the step specified, under subsection (5) of section 145, in the breach of condition notice which has not been taken, or
b
the activity so specified which has not ceased.
3
It is not competent to serve more than one fixed penalty notice in relation to a particular step or activity.
4
For the purposes of this section, a “fixed penalty notice” is a notice offering the person the opportunity of discharging, by paying to the planning authority, within the period of 30 days which immediately follows the day on which that notice is served, a penalty of an amount (being a prescribed amount) specified in that notice, any liability to conviction for an offence under section 145(9) as respects the breach of the breach of condition notice.
5
But if payment is made within the first 15 days of the period mentioned in subsection (4) the amount payable is reduced by 25%.
6
The fixed penalty notice is to identify the period mentioned in subsection (4) and is also to state that if payment is made within the first 15 days of that period the amount payable is reduced by 25%.
7
The conditions are that the fixed penalty notice—
a
is served within the period of 6 months which immediately follows the period allowed by section 145(7) for compliance with the breach of condition notice, and
b
is not served after the person has been charged with an offence under section 145(9) as respects the breach of the breach of condition notice.
8
During the period mentioned in subsection (4) it is not competent to commence proceedings against the person for an offence under section 145(9) as respects that breach.
9
If the amount (or as the case may be the reduced amount) is timeously paid it is not competent to commence proceedings against the person for an offence under section 145(9) as respects that breach.
10
A penalty received by a planning authority by virtue of subsection (4) is to accrue to that authority.
11
In prescribing an amount for the purposes of subsection (4), the Scottish Ministers may make different provision for different cases or for different classes of case.
Pt. VI applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 30 (with arts. 4, 5)