Question reference: S3W-02512
- Asked by: Angela Constance, MSP for Livingston, Scottish National Party
- Date lodged: 26 July 2007
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Current status: Answered by Richard Lochhead on 7 August 2007
Question
To ask the Scottish Executive whether it considers that current levels of fines imposed on companies that breach sections 33(1) and 33(6) of the Environmental Protection Act 1990, as amended, are adequate.
Answer
The levels of fines imposedon companies which breach the provisions of the Environmental Protection Act1990 are a matter for the courts, which consider the circumstances of eachcase, including the value of a deterrent, individually.
A company which breachesSection 33(1) of the Act may be fined up to £40,000 in summary proceedings.However, in proceedings on indictment the fine which may be levied on a companyfound guilty of such a breach is without limit. The choice of procedure is amatter for the Procurator Fiscal.