Guidance as to use of civil sanctions
290.Paragraph 9 indicates that the Scottish Ministers may not make an order enabling the imposition of fixed or variable monetary penalties, unless they have published guidance in relation to the use of these powers. The Scottish Ministers may be required to consult specified persons before publishing or revising the guidance on penalties. The Scottish Ministers must have regard to the guidance on penalties when carrying out their functions. The guidance on penalties must contain information about the circumstances in which a sanction is likely to be imposed (or may not be imposed) and the person’s rights of appeal.