Paragraph 7 Combination of penaltiesI1

United Kingdom

(1)

The regulator may not serve a notice of intent relating to a fixed monetary penalty if, in relation to the same offence—

(a)

a compliance notice, restoration notice or stop notice has been served on that person (see paragraphs 2, 3, and 18);

(b)

a variable monetary penalty has been imposed on that person (see paragraph 5); or

(c)

a third party or enforcement undertaking has been accepted from that person (see paragraphs 10 and 24).

(2)

The regulator may not serve a notice of intent relating to a compliance notice, a restoration notice, or a variable monetary penalty, or serve a stop notice, on any person if, in relation to the same offence—

(a)

a fixed monetary penalty has been imposed on that person; or

(b)

that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty.

Annotations

Commencement

I1: Sch. 3 para. 7 in force at 1.12.2019, see art. 1(1)