SCHEDULE 2Further provision about civil sanctions under Part 4 (marine licensing)
Combination of sanctions
4
(1)
Provision may not be made under section 46 and section 48 in relation to the same offence unless it secures that—
(a)
the Scottish Ministers may not serve a notice of intent referred to in section 47(2)(a) on a person in relation to any act or omission where a variable monetary penalty has been imposed on the person in relation to the act or omission,
(b)
the Scottish Ministers may not serve a notice of intent referred to in section 49(2)(a) on a person in relation to any act or omission where—
(i)
a fixed monetary penalty has been imposed on the person in relation to the 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 47(2)(b).
(2)
Provision under section 46 which results in the Scottish Ministers having power to impose a fixed monetary penalty or to issue a stop notice in relation to the same offence must secure that—
(a)
the Scottish Ministers may not serve a notice of intent referred to in section 47(2)(a) on a person in relation to any act or omission where a stop notice has been served on the person in relation to the act or omission,
(b)
the Scottish Ministers 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 the person in relation to the act or omission, or
(ii)
the person has discharged liability to a fixed monetary penalty in relation to the act or omission pursuant to section 47(2)(b).