{
  "url": "https://openlegislation.uk/marine-scotland-act-2010/schedule-2/paragraph-4",
  "json_url": "https://openlegislation.uk/marine-scotland-act-2010/schedule-2/paragraph-4.json",
  "legislation": "asp/2010/5",
  "legislation_title": "Marine (Scotland) Act 2010",
  "legislation_url": "https://openlegislation.uk/marine-scotland-act-2010",
  "path": "schedule/2/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) Provision may not be made under section 46 and section 48 in relation to the same offence unless it secures that—\n(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,\n(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—\n(i) a fixed monetary penalty has been imposed on the person in relation to the act or omission, or\n(ii) the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 47(2)(b).\n(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—\n(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,\n(b) the Scottish Ministers may not serve a stop notice on a person in relation to any act or omission where—\n(i) a fixed monetary penalty has been imposed on the person in relation to the act or omission, or\n(ii) the person has discharged liability to a fixed monetary penalty in relation to the act or omission pursuant to section 47(2)(b).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 4 in force at 6.4.2011 by S.S.I. 2011/58, art. 3(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2010/5/schedule/2/paragraph/4",
    "retrieved_at": "2026-11-06T03:33:12.256178+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}