4(1)Provision may not be made under section 93 and section 95 conferring powers on an enforcement authority in relation to the same offence unless it secures that—U.K.
(a)the authority may not serve a notice of intent referred to in section 94(2)(a) on a person in relation to any act or omission where a variable monetary penalty has been imposed on that person in relation to that act or omission, and
(b)the authority may not serve a notice of intent referred to in section 96(2)(a) on a person in relation to any act or omission where—
(i)a fixed monetary penalty has been imposed on that person in relation to that 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 94(2)(b).
(2)Provision under section 93 which results in an enforcement authority 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 authority may not serve a notice of intent referred to in section 94(2)(a) on a person in relation to any act or omission where a stop notice has been served on that person in relation to that act or omission, and
(b)the authority 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 that person in relation to that 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 94(2)(b).
Commencement Information
I1Sch. 7 para. 4 partly in force; Sch. 7 para. 4 in force for specified purposes at Royal Assent see s. 324(1)(c)
I2Sch. 7 para. 4 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)