SCHEDULE 2Further provision about civil sanctions under Part 4 (marine licensing)

F1Civil sanctions and fixed penalty notices

4A

(1)

Provision under section 46 must secure that, in a case where a fixed penalty notice is issued to a person in respect of a relevant offence, the Scottish Ministers may not—

(a)

serve on the person a notice of intent referred to in section 47(2)(a) in relation to an act or omission constituting the relevant offence, or

(b)

impose a fixed monetary penalty on the person in relation to an act or omission constituting the relevant offence.

(2)

Provision under section 48 must secure that, in a case where a fixed penalty notice is issued to a person in respect of a relevant offence, the Scottish Ministers may not—

(a)

serve on the person a notice of intent referred to in section 49(2)(a) in relation to an act or omission constituting the relevant offence, or

(b)

impose a variable monetary penalty on the person in relation to an act or omission constituting the relevant offence.

(3)

In this paragraph “relevant offence” has the meaning given in section 25(2) of the Aquaculture and Fisheries (Scotland) Act 2007.