Paragraph 6 Combination of penaltiesF1
The appropriate authority may not serve a notice of intent relating to a fixed monetary penalty if, in relation to the same offence—
a compliance notice, restoration notice or stop notice has been served on that person (see paragraphs 1, 2 and 17);
a variable monetary penalty has been imposed on that person (see paragraph 4); or
a third party or enforcement undertaking has been accepted from that person (see paragraphs 9 and 23).
The appropriate authority may not serve a notice of intent relating to a compliance notice, a restoration notice or a variable monetary penalty, or serve a stop notice, on any person if, in relation to the same offence—
a fixed monetary penalty has been imposed on that person; or
that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty.
Annotations
Textual amendments
- F1
Sch. 4A inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), reg. 1, Sch.