C1SCHEDULE 2Further provision about civil sanctions under Part 4 (marine licensing)

Annotations:

Combination of sanctions

I14

1

Provision may not be made under section 46 and section 48 in relation to the same offence unless it secures that—

a

the Scottish Ministers may not serve a notice of intent referred to in section 47(2)(a) on a person in relation to any act or omission where a variable monetary penalty has been imposed on the person in relation to the act or omission,

b

the Scottish Ministers may not serve a notice of intent referred to in section 49(2)(a) on a person in relation to any act or omission where—

i

a fixed monetary penalty has been imposed on the person in relation to the 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 47(2)(b).

2

Provision under section 46 which results in the Scottish Ministers 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 Scottish Ministers may not serve a notice of intent referred to in section 47(2)(a) on a person in relation to any act or omission where a stop notice has been served on the person in relation to the act or omission,

b

the Scottish Ministers 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 the person in relation to the act or omission, or

ii

the person has discharged liability to a fixed monetary penalty in relation to the act or omission pursuant to section 47(2)(b).