Paragraph 8 Criminal proceedingsI1

England and Wales

(1)

If—

(a)

a F1fixed monetary penalty or compliance notice is served on any person, or

(b)

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 fixed monetary penalty, compliance notice or third party undertaking except in a case referred to in sub-paragraph (2).

(2)

The case referred to in sub-paragraph (1) is a case where—

(a)

a compliance notice is imposed on a person or a third party undertaking is accepted from a person;

(b)

no fixed monetary penalty is imposed on that person; and

(c)

that person fails to comply with the compliance notice or third party undertaking.

Annotations

Textual amendments

F1: Word in Sch. para. 8 substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 2 para. 6(g) (with reg. 16(a))

Commencement

I1: Sch. para. 8 in force at 9.1.2018, see reg. 1(2)

Notes on Part 1

Textual amendments

F1: Word in Sch. Pt. 1 heading substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 2 para. 6(a) (with reg. 16(a))