OpenLegislation

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the civil penalty notice has not been withdrawn.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the civil penalty notice has not been withdrawn.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.