Section 51 Combination of sanctions

(1)

Provision may not be made under section 39 and section 42 conferring powers on a regulator in relation to the same offence unless it secures that—

(a)

the regulator may not serve a notice of intent referred to in section 40(2)(a) on a person in relation to any act or omission where a discretionary requirement has been imposed on that person in relation to that act or omission, and

(b)

the regulator may not serve a notice of intent referred to in section 43(2)(a) on a person in relation to any act or omission where—

(i)

a fixed monetary penalty has been imposed on that person in relation to that 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 40(2)(b).

(2)

Provision may not be made under section 39 and section 46 conferring powers on a regulator in relation to the same offence unless it secures that—

(a)

the regulator may not serve a notice of intent referred to in section 40(2)(a) on a person in relation to any act or omission where a stop notice has been served on that person in relation to that act or omission, and

(b)

the regulator 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 that person in relation to that 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 40(2)(b).

Notes on Part 3

Modifications

C1: Pt. 3 modified (21.1.2010) by Video Recordings Act 2010 (c. 1), s. 2(2), Sch. para. 5 (with Sch. para. 2(2)6)
C2: Pt. 3 modified (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(1), 88(3)(b); S.I. 2023/1096, art. 2(c)