(1)Provision may not be made under section 39 and section 42 conferring powers on a regulator in relation to the same offence unless it secures that—
(a)the regulator may not serve a notice of intent referred to in section 40(2)(a) on a person in relation to any act or omission where a discretionary requirement has been imposed on that person in relation to that act or omission, and
(b)the regulator may not serve a notice of intent referred to in section 43(2)(a) on a person in relation to any act or omission where—
(i)a fixed monetary penalty has been imposed on that person in relation to that 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 40(2)(b).
(2)Provision may not be made under section 39 and section 46 conferring powers on a regulator in relation to the same offence unless it secures that—
(a)the regulator may not serve a notice of intent referred to in section 40(2)(a) on a person in relation to any act or omission where a stop notice has been served on that person in relation to that act or omission, and
(b)the regulator 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 that person in relation to that 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 40(2)(b).