(1)Environmental Standards Scotland may not issue a compliance notice in respect of—
(a)a failure to comply with environmental law arising out of any decision taken by a public authority in the exercise of its regulatory functions in relation to a particular person or case (for example, a decision on an application for a licence or a decision on regulatory enforcement in a specific case), or
(b)a failure to comply with environmental law arising out of particular conduct if it has prepared an improvement report under section 26(1) or (2) in respect of the same failure arising out of the same conduct.
(2)A compliance notice issued in contravention of subsection (1) is of no effect.