# Marine (Scotland) Act 2010, Paragraph 4

Extent: S

(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).

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Source: https://www.legislation.gov.uk/asp/2010/5/schedule/2/paragraph/4 (the official version)
Page: https://openlegislation.uk/marine-scotland-act-2010/schedule-2/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.