C1SCHEDULE 2Further provision about civil sanctions under Part 4 (marine licensing)
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).
Sch. 2 applied (9.11.2020) by The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2020 (S.S.I. 2020/316), arts. 1, 14