New Environmental Enforcement Framework - Consultation on New Enforcement Measures for the Scottish Environment Protection Agency and the Relevant Offences Order

Closed 3 Oct 2014

Opened 3 Jul 2014

Contact

Amy Ross

0131 244 2565

EQCat@scotland.gsi.gov.uk

Feedback updated 30 Jan 2015

We asked

We sought comments from stakeholders on the design and use of SEPA's new enforcement measures and the relevant offences order. These measures include Fixed Monetary Penalties, Variable Monetary Penalties, Enforcement Undertakings and Non compliance Penalties.

You said

We received 47 responses. There was strong support for the underlying aims of SEPA's proposed enforcement approach and the outlined proposals for the new measures, with the majority of questions asked attracting at least 65% support. Clarification and reassurance was sought in relation to implementation and the associated guidance. Where permission has been given, responses to the consultation can be found on the Scottish Government website: http://www.scotland.gov.uk/Publications/2014/11/6499

We did

Based on this feedback, the Scottish Government and SEPA will finalise the draft enforcement order together with COPFS. The views of respondents will also inform the development of SEPA guidance and SEPA will be consulting on prosed guidance during 2015, along with a new enforcement policy.

Overview

This consultation on a new Environmental Enforcement Framework for Scotland has been developed as part of the joint Scottish Government SEPA Better Environmental Regulation (BER) programme. The Regulatory Reform (Scotland) Act 2014 provides the Scottish Environment Protection Agency (SEPA) with a broader range of enforcement tools to allow SEPA to more effectively tackle those who disregard their environmental obligations and to allow the Criminal Courts to have more options for dealing with environmental criminals.

Following stakeholder feedback from the May 2012 consultation on proposals for an Integrated Framework of Environmental Regulation, which included the principles underpinning the new enforcement framework, this consultation invites further comments from stakeholders on the design and use of the new enforcement measures available to SEPA. These measures include Fixed Monetary Penalties, Variable Monetary Penalties, Enforcement Undertakings and Non compliance Penalties. The consultation sets out the potential design and use of the new enforcement measures for SEPA and outlines a number of safeguards to be built in to the new framework. It also includes the consultation on the relevant offences orders for the new enforcement measures, the new sentencing options and additional powers for the Criminal Courts and vicarious liability.