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Marine (Scotland) Act 2010

Combination of sanctions

283.Paragraph 4 indicates that the Scottish Ministers can only combine sanctions for the same offence in certain ways. In addition to the combinations prohibited by paragraphs 2 and 3, they cannot take the following action in relation to the same offence:

(a)

impose a fixed monetary penalty where a variable monetary penalty has been imposed;

(b)

impose a variable monetary penalty where a fixed monetary penalty has been imposed;

(c)

impose a variable monetary penalty or stop notice where the person has discharged liability for a fixed monetary penalty under section 47(2)(b);

(d)

impose a fixed monetary penalty where a stop notice has been issued;

(e)

issue a stop notice where a fixed monetary penalty has been imposed.

All other permutations are possible.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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