37.—(1) An enforcing authority may impose a civil sanction, or a combination of civil sanctions, under Part 6 against a person (an “offender”) if the authority is satisfied beyond reasonable doubt that the offender is guilty of an offence described in Part 4.
(2) Criminal proceedings against the offender may not be started or continued if an enforcing authority, in respect of the offence—
(a)chooses to apply civil sanctions under paragraph (1); and
(b)serves on the offender—
(i)a compliance notice;
(ii)a non-compliance penalty notice; or
(iii)a fixed monetary penalty notice.