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Marine (Scotland) Act 2010

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Changes over time for: Cross Heading: Combination of sanctions

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No versions valid at: 01/09/2010

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Point in time view as at 01/09/2010. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

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There are currently no known outstanding effects for the Marine (Scotland) Act 2010, Cross Heading: Combination of sanctions. Help about Changes to Legislation

Valid from 06/04/2011

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).

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