C1SCHEDULE 2Further provision about civil sanctions under Part 4 (marine licensing)
F1Civil sanctions and fixed penalty notices
Sch. 2 para. 4A and cross-heading inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 61(5), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
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.
Sch. 2 applied (9.11.2020) by The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2020 (S.S.I. 2020/316), arts. 1, 14