# Learner Travel (Wales) Measure 2008, Paragraph 12


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 1
Column 2
Column 3
Paragraphs of this Schedule
First Condition
Second Condition
Paragraphs 2 and 4
The 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—
(a)a fixed monetary penalty has been imposed on that person in relation to the same breach, or
(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 7
The 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—
(a)a fixed monetary penalty has been imposed on that person in relation to the same breach, or
(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 7
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 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.

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Source: https://www.legislation.gov.uk/mwa/2008/2/schedule/A1/paragraph/12 (the official version)
Page: https://openlegislation.uk/learner-travel-wales-measure-2008/schedule-A1/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.