Paragraph 4 I1

Scotland

(1)

Provision may not be made under section 46 and section 48 in relation to the same offence unless it secures that—

(a)

the Scottish Ministers may not serve a notice of intent referred to in section 47(2)(a) on a person in relation to any act or omission where a variable monetary penalty has been imposed on the person in relation to the act or omission,

(b)

the Scottish Ministers may not serve a notice of intent referred to in section 49(2)(a) on a person in relation to any act or omission where—

(i)

a fixed monetary penalty has been imposed on the person in relation to the act or omission, or

(ii)

the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 47(2)(b).

(2)

Provision under section 46 which results in the Scottish Ministers having power to impose a fixed monetary penalty or to issue a stop notice in relation to the same offence must secure that—

(a)

the Scottish Ministers may not serve a notice of intent referred to in section 47(2)(a) on a person in relation to any act or omission where a stop notice has been served on the person in relation to the act or omission,

(b)

the Scottish Ministers may not serve a stop notice on a person in relation to any act or omission where—

(i)

a fixed monetary penalty has been imposed on the person in relation to the act or omission, or

(ii)

the person has discharged liability to a fixed monetary penalty in relation to the act or omission pursuant to section 47(2)(b).

Annotations

Commencement

I1: Sch. 2 para. 4 in force at 6.4.2011 by S.S.I. 2011/58, art. 3(a)

Notes on Schedule 2

Modifications

C1: Sch. 2 applied (9.11.2020) by The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2020 (S.S.I. 2020/316), arts. 1, 14