Part 1Reservoirs
Chapter 9Civil enforcement, emergency powers and further offences
Stop notices
74Stop notices: procedure
1
Provision under section 73(1) must secure the results in subsection (2) in a case where a stop notice is given.
2
The results are that—
a
the stop notice must comply with subsection (3),
b
the reservoir manager to whom it is given may appeal to the Scottish Ministers against the decision to issue it,
c
where, after giving of the notice, SEPA is satisfied that the manager has taken the steps specified in the notice, SEPA must give a certificate to that effect (a “completion certificate”),
d
the notice ceases to have effect on the giving of a completion certificate,
e
the reservoir manager to whom the notice is given may at any time apply for a completion certificate,
f
SEPA must make a decision as to whether to give a completion certificate before the end of the period of 14 days beginning with the day on which the application for the certificate was made,
g
the reservoir manager to whom the notice is given may appeal to the Scottish Ministers against a decision not to give a completion certificate.
3
To comply with this subsection a stop notice must include information as to—
a
the grounds for giving the notice,
b
rights of appeal,
c
the consequences of non-compliance.
4
Provision pursuant to subsection (2)(b) must secure that the grounds on which a reservoir manager may appeal against a decision of SEPA to give a stop notice include that—
a
the decision was based on an error of fact,
b
the decision was wrong in law,
c
the decision was unreasonable,
d
any step specified in the notice is unreasonable,
e
the reservoir manager has not committed the offence and would not have committed it had the stop notice not been given,
f
the manager would not, by reason of any defence, have been liable to be convicted of the offence had the stop notice not been given.
5
Provision pursuant to that subsection may include provision about the determining by or under the order of a fee, and the charging of any fee so determined, in connection with an appeal and may require the return of a fee paid in relation to an appeal which is upheld.
6
Provision pursuant to subsection (2)(g) must secure that the grounds on which a reservoir manager may appeal against a decision of SEPA not to give a completion certificate include that—
a
the decision was based on an error of fact,
b
the decision was wrong in law,
c
the decision was unfair or unreasonable.