SCHEDULE 4Financial penalties
3Amount of penalty
1
When considering the appropriate amount of a penalty to be imposed under paragraph 2, the Scottish Ministers must have regard to—
a
the seriousness of the failure,
b
the nature of the failure in other respects.
2
It is material for the purpose of sub-paragraph (1)—
a
whether the failure was deliberate,
b
if the failure is attributable to recklessness or negligence, the degree involved.
3
The Scottish Ministers may consult such person or body as they consider appropriate when considering—
a
whether to impose a penalty,
b
the appropriate amount of the penalty.