13.—[F1(1) An administrator may not serve a notice of intent in relation to a fixed monetary penalty on a seller in any of the following circumstances—
(a)where a discretionary requirement has been imposed on that seller in relation to the same breach;
(b)where the seller has discharged liability to a fixed monetary penalty in respect of the same breach by payment of a specified sum;
(c)where a fixed monetary penalty has previously been imposed in respect of the same act or omission.]
(2) An administrator may not serve a notice of intent in relation to a discretionary requirement on a seller in any of the following circumstances—
(a)where a fixed monetary penalty has been imposed on that seller in relation to the same breach;
(b)where the seller has discharged liability to a fixed monetary penalty in respect of the same breach by payment of a specified sum;
(c)where a discretionary requirement has previously been imposed in respect of the same act or omission.
Textual Amendments
F1Reg. 13(1) substituted (1.10.2011) by The Single Use Carrier Bags Charge (Wales) (Amendment) Regulations 2011 (S.I. 2011/2184), regs. 1(2), 7