Question reference: S3W-02514
- Asked by: Angela Constance, MSP for Livingston, Scottish National Party
- Date lodged: 26 July 2007
-
Current status: Answered by Richard Lochhead on 7 August 2007
Question
To ask the Scottish Executive whether it intends to provide additional resources to local authorities to assist with the financial costs of instigating legal action against companies that breach sections 33(1) and 33(6) of the Environmental Protection Act 1990.
Answer
The Scottish Executive isexamining all funding for future years as part of the spending review process.
In this context I note thatmost of the range of offences which may be committed against the provisions ofSection 33 of the Environmental Protection Act 1990 are regulated and enforcedby the Scottish Environment Protection Agency. Any court action is, of course,a matter for the Procurator Fiscal and the Crown Office bears the costs.
In respect of offencesagainst the provisions of Section 33(1)(a) and (c) local authorities, togetherwith the Scottish Environment Protection Agency and the police, enjoy powers toissue Fixed Penalty Notices. The penalty in this case is currently £50.Whichever body issues the notice, the fines are payable to and may be kept bythe local authority.