Explanatory Notes

Marine (Scotland) Act 2010

2010 asp 5

10 March 2010

The Act

Schedule 2 – Further Provision about Civil Sanctions under Part 4 (Marine Licensing)

Combination of sanctions

283.Paragraph 4 indicates that the Scottish Ministers can only combine sanctions for the same offence in certain ways. In addition to the combinations prohibited by paragraphs 2 and 3, they cannot take the following action in relation to the same offence:

(a)

impose a fixed monetary penalty where a variable monetary penalty has been imposed;

(b)

impose a variable monetary penalty where a fixed monetary penalty has been imposed;

(c)

impose a variable monetary penalty or stop notice where the person has discharged liability for a fixed monetary penalty under section 47(2)(b);

(d)

impose a fixed monetary penalty where a stop notice has been issued;

(e)

issue a stop notice where a fixed monetary penalty has been imposed.

All other permutations are possible.