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Paragraph 12 F1

Provision may not be made under the paragraphs specified in an entry in column 1 of the following table in relation to the same kind of breach of safety regulations unless the first and second conditions set out in the corresponding entries in columns 2 and 3 are met.

TABLE

Column 1Column 2Column 3
Paragraphs of this ScheduleFirst ConditionSecond Condition
Paragraphs 2 and 4The provision must secure that the enforcement authority may not serve a notice of intent referred to in paragraph 3(1)(a) on a person in relation to a breach where a discretionary requirement has been imposed on that person in relation to the same breach.

The provision must secure that the enforcement authority may not serve a notice of intent referred to in paragraph 5(1)(a) on a person in relation to a breach where—

  1. (a)

    a fixed monetary penalty has been imposed on that person in relation to the same breach, or

  2. (b)

    the person has discharged liability to a fixed monetary penalty in relation to that breach pursuant to paragraph 3(1)(b).

Paragraphs 2 and 7The provision must secure that the enforcement authority may not serve a notice of intent referred to in paragraph 3(1)(a) on a person in relation to a breach where a stop notice has been served in relation to the same breach.

The provision must secure that the enforcement authority may not serve a stop notice on a person in relation to a breach where—

  1. (a)

    a fixed monetary penalty has been imposed on that person in relation to the same breach, or

  2. (b)

    the person has discharged liability to a fixed monetary penalty in relation to that breach pursuant to paragraph 3(1)(b).

Paragraphs 4 and 7The provision must secure that the enforcement authority may not serve a notice of intent referred to in paragraph 5(1)(a) on a person in relation to a breach where a stop notice has been served in relation to the same breach.The provision must secure that the enforcement authority may not serve a stop notice on a person in relation to a breach where a discretionary requirement has been imposed on that person in relation to the same breach.

Annotations

Textual amendments

F1

Sch. A1 inserted (10.7.2011) by Safety on Learner Transport (Wales) Measure 2011 (nawm 6), s. 16(2), Sch.