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Paragraph 6 Combination of penaltiesF1

(1)

The appropriate authority may not serve a notice of intent relating to a fixed monetary penalty if, in relation to the same offence—

(a)

a compliance notice, restoration notice or stop notice has been served on that person (see paragraphs 1, 2 and 17);

(b)

a variable monetary penalty has been imposed on that person (see paragraph 4); or

(c)

a third party or enforcement undertaking has been accepted from that person (see paragraphs 9 and 23).

(2)

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)

a fixed monetary penalty has been imposed on that person; or

(b)

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.