Part 3

Civil sanctions

Orders under Part 3: supplementary provision

Combination of sanctions
51
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).
Pt. 3 modified (21.1.2010) by Video Recordings Act 2010 (c. 1), s. 2(2), Sch. para. 5 (with Sch. para. 2(2)6)
Pt. 3 modified (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(1), 88(3)(b); S.I. 2023/1096, art. 2(c)