Paragraph 6 Combination of penaltiesF1
England and Wales
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 (15.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1303), reg. 1, Sch.