Agriculture (Retained EU Law and Data) (Scotland) Act 2020

19 Enforcement of information requirements

(1) The Scottish Ministers may by regulations make provision for or in connection with the enforcement of requirements imposed under section 14(1) or (2) or 15(1) or (2).

(2) In subsection (1) “enforcement” includes in particular—

(a) monitoring compliance,

(b) investigating non-compliance,

(c) dealing with non-compliance.

(3) The provision that may be made in regulations under subsection (1) includes in particular—

(a) provision for the imposition of monetary penalties for non-compliance, including penalties—

(i) of a specified amount,

(ii) of an amount calculated in a specified manner,

(iii) of an amount, not exceeding a specified maximum or a maximum calculated in a specified manner, decided by a specified person or a person of a specified description,

(iv) by way of suspending or withholding payment of any amounts,

(b) provision for the recovery of amounts due in respect of monetary penalties, including provision for any interest, set-off and security for payment,

(c) provision about the giving of advice or warnings,

(d) provision for the imposition of restrictions (including prohibitions) on carrying out activities,

(e) provision for the acceptance of undertakings to take, or refrain from taking, particular actions,

(f) provision giving persons functions in connection with enforcement of requirements,

(g) provisions about review of, or appeals against, things done (including decisions made) in connection with enforcement of requirements.

(4) In subsection (3) and this subsection—

• “specified” means specified in regulations under subsection (1),

• “specified manner” includes in particular a manner framed by reference to a specified matter such as a person’s profits, income or turnover.

(5) Regulations under subsection (1) are subject to the affirmative procedure.