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Learner Travel (Wales) Measure 2008

Changes over time for: Cross Heading: Combination of sanctions

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[F1Combination of sanctionsW

12WProvision may not be made under the paragraphs specified in an entry in column 1 of the following table in relation to the same kind of breach of safety regulations unless the first and second conditions set out in the corresponding entries in columns 2 and 3 are met.

TABLE

Column 1Column 2Column 3
Paragraphs of this ScheduleFirst ConditionSecond Condition
Paragraphs 2 and 4The provision must secure that the enforcement authority may not serve a notice of intent referred to in paragraph 3(1)(a) on a person in relation to a breach where a discretionary requirement has been imposed on that person in relation to the same breach.

The provision must secure that the enforcement authority may not serve a notice of intent referred to in paragraph 5(1)(a) on a person in relation to a breach where—

(a)

a fixed monetary penalty has been imposed on that person in relation to the same breach, or

(b)

the person has discharged liability to a fixed monetary penalty in relation to that breach pursuant to paragraph 3(1)(b).

Paragraphs 2 and 7The provision must secure that the enforcement authority may not serve a notice of intent referred to in paragraph 3(1)(a) on a person in relation to a breach where a stop notice has been served in relation to the same breach.

The provision must secure that the enforcement authority may not serve a stop notice on a person in relation to a breach where—

(a)

a fixed monetary penalty has been imposed on that person in relation to the same breach, or

(b)

the person has discharged liability to a fixed monetary penalty in relation to that breach pursuant to paragraph 3(1)(b).

Paragraphs 4 and 7The provision must secure that the enforcement authority may not serve a notice of intent referred to in paragraph 5(1)(a) on a person in relation to a breach where a stop notice has been served in relation to the same breach.The provision must secure that the enforcement authority may not serve a stop notice on a person in relation to a breach where a discretionary requirement has been imposed on that person in relation to the same breach.]

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