5.—(1) The regulator may not serve a notice of intent relating to a fixed monetary penalty if a variable monetary penalty has been imposed or a compliance notice or stop notice has been served on that person relating to the same act or omission.
(2) The regulator may not serve a notice of intent relating to a variable monetary penalty or compliance notice, or serve a stop notice, on any person if, in relation to the same act or omission—
(a)a fixed monetary penalty has been imposed on that person, or
(b)that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty.