The Invasive Alien Species (Enforcement and Permitting) Order 2019

Combination of penalties

This section has no associated Explanatory Memorandum

7.—(1) The regulator may not serve a notice of intent relating to a fixed monetary penalty if, in relation to the same offence—

(a)a compliance notice, restoration notice or stop notice has been served on that person (see paragraphs 2, 3, and 18);

(b)a variable monetary penalty has been imposed on that person (see paragraph 5); or

(c)a third party or enforcement undertaking has been accepted from that person (see paragraphs 10 and 24).

(2) The regulator may not serve a notice of intent relating to a compliance notice, a restoration notice, or a variable monetary penalty, or serve a stop notice, on any person if, in relation to the same offence—

(a)a fixed monetary penalty has been imposed on that person; or

(b)that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty.