F1SCHEDULE A1CIVIL SANCTIONS

Annotations:
Amendments (Textual)

Combination of sanctions

12

Provision 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 1

Column 2

Column 3

Paragraphs of this Schedule

First Condition

Second Condition

Paragraphs 2 and 4

The 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—

  1. a

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

  2. 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 7

The 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—

  1. a

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

  2. 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 7

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 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.