Combination of sanctionsS
4(1)Provision may not be made under section 46 and section 48 in relation to the same offence unless it secures that—S
(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).
Commencement Information
I1Sch. 2 para. 4 in force at 6.4.2011 by S.S.I. 2011/58, art. 3(a)