Part 3Civil sanctions
Orders under Part 3: supplementary provision
51Combination of sanctions
(1)
Provision may not be made under section 39 and section 42 conferring powers on a regulator in relation to the same offence unless it secures that—
(a)
the regulator may not serve a notice of intent referred to in section 40(2)(a) on a person in relation to any act or omission where a discretionary requirement has been imposed on that person in relation to that act or omission, and
(b)
the regulator may not serve a notice of intent referred to in section 43(2)(a) on a person in relation to any act or omission where—
(i)
a fixed monetary penalty has been imposed on that person in relation to that 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 40(2)(b).
(2)
Provision may not be made under section 39 and section 46 conferring powers on a regulator in relation to the same offence unless it secures that—
(a)
the regulator may not serve a notice of intent referred to in section 40(2)(a) on a person in relation to any act or omission where a stop notice has been served on that person in relation to that act or omission, and
(b)
the regulator 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 that person in relation to that 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 40(2)(b).