This Order provides the Scottish Environment Protection Agency (“SEPA”) with powers to impose civil enforcement measures on persons in relation to the offences specified in Schedule 4 to the Order (“relevant offences”). The enforcement measures are fixed monetary penalties, variable monetary penalties and enforcement undertakings. Enforcement undertakings are voluntary undertakings to take certain types of action, for example to secure the offence does not recur, or restore, benefit or improve the environment. SEPA may accept an offer of an undertaking if it has reasonable grounds to suspect that the person offering it has committed a relevant offence. The requirements of what an enforcement undertaking must contain are provided for in paragraph 3 of Schedule 3. Some offences are water-related and specified in relevant legislation.
Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 (S.S.I. No. 383 of 2015).