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Changes over time for: Section 41
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Status:
Point in time view as at 01/04/2018.
Changes to legislation:
Regulatory Enforcement and Sanctions Act 2008, Section 41 is up to date with all changes known to be in force on or before 20 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes to Legislation
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41Fixed monetary penalties: criminal proceedings and convictionU.K.
This section has no associated Explanatory Notes
Provision under section 39 must secure that—
(a)in a case where a notice of intent referred to in section 40(2)(a) is served on a person—
(i)no criminal proceedings for the relevant offence may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 40(2)(b), and
(ii)if the person so discharges liability, the person may not at any time be convicted of the relevant offence in relation to that act or omission;
(b)in a case where a fixed monetary penalty is imposed on a person, that person may not at any time be convicted of the relevant offence in respect of the act or omission giving rise to the penalty.
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