Schedules
Schedule 7Further provision about civil sanctions under Part 4
Combination of sanctions
I1I24
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—
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).