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Climate Change (Scotland) Act 2009

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This is the original version (as it was originally enacted).

General provision

89Enforcement authorities

(1)This section applies to any regulations made under this Chapter other than under section 79.

(2)The enforcement authority provided for in the regulations is to be—

(a)SEPA;

(b)a local authority; or

(c)such other person or body as the Scottish Ministers consider appropriate.

(3)The regulations may provide for the functions of the enforcement authority in relation to the regulations to be exercised by two or more such authorities and about the functions of each such authority.

(4)The regulations may also provide for enforcement authorities to levy charges to recover the reasonable costs incurred by them in exercising their functions under the regulations.

90Penalties

(1)A person who commits an offence under regulations made under this Part is liable to such penalties, not exceeding those mentioned in subsection (2), as are provided for in the regulations.

(2)Those penalties are—

(a)on summary conviction, a fine not exceeding the statutory maximum;

(b)on conviction on indictment, a fine.

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