Regulation 42 Limitation of regulation 41 offences in England and Wales only
(1)
Proceedings against a person for an offence under regulation 41(1) must not be started if—
(a)
a civil penalty notice has been given to the person under regulation 10(3) for the failure, and
(b)
the civil penalty notice has not been withdrawn.
(2)
Proceedings against a person for an offence under regulation 41(2) or (3) must not be started if—
(a)
a civil penalty notice has been given to the person under regulation 10(4) for the failure, and
(b)
the civil penalty notice has not been withdrawn.
(3)
Proceedings against a person for an offence under regulation 41(1) or (2) must not be started if civil proceedings have been started against the person under regulation 18 in respect of the failure.