# The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015, Paragraph 11: Fixed monetary penalties: effect on criminal proceedings etc.


(1) Where a notice of intent relating to a fixed monetary penalty is served on a person in respect of an offence constituted by an act or omission, the period mentioned in sub-paragraph (2) is not to be counted in calculating any period within which criminal proceedings in respect of that offence constituted by that act or omission must be commenced.
(2) The period is that beginning with the day on which the notice of intent is served and ending with the day which is the final day on which written representations may be made in relation to the notice.
(3) Where a fixed monetary penalty is imposed on a person in respect of an offence constituted by an act or omission, no criminal proceedings may be commenced against the person in respect of that offence constituted by that act or omission.
(4) The reference in sub-paragraph (3) to criminal proceedings being commenced is to be read as if it includes a reference to—
(a) a warning being given by the procurator fiscal;
(b) a conditional offer (within the meaning of section 302 of the Criminal Procedure (Scotland) Act 1995) being sent;
(c) a compensation offer under section 302A of that Act being sent;
(d) a combined offer under section 302B of that Act being sent; and
(e) a work order under section 302ZA of that Act being made.

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Source: https://www.legislation.gov.uk/sdsi/2015/9780111029466/schedule/1/paragraph/11 (the official version)
Page: https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-order-2015/schedule-1/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.