Paragraph 8 Criminal proceedings
If—
a final notice is served on any person; or
a third party undertaking is accepted from any person,
that person may not at any time be convicted of the offence in respect of the act or omission giving rise to the final notice or third party undertaking except in a case referred to in sub-paragraph (2).
The case referred to in sub-paragraph (1) is a case where—
a final notice relating to a compliance notice is served on a person or a third party undertaking is accepted from a person;
no final notice relating to a fixed monetary penalty is served on that person in respect of the same act or omission; and
that person fails to comply with the final notice relating to a compliance notice or the third party undertaking.
If a notice of intent relating to a fixed monetary penalty is served on any person—
no criminal proceedings for the offence in respect of the act or omission giving rise to the notice of intent may be instituted againt the person before the end of the period in which the person may discharge liability for the fixed monetary penalty pursuant to paragraph 2(3)(b); and
if the person so discharges liability, the person may not at any time be convicted of the offence in respect of that act or omission.