The Marine Licensing (Civil Sanctions) (Wales) Order 2011

Restrictions on other sanctions

11.—(1) Where a notice of intent has been served on a person—

(a) no criminal proceedings for the offence to which the notice relates may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period of 28 days beginning with the day on which the notice of intent is received; and

(b) if the person discharges liability for the fixed monetary penalty in accordance with article 6, the person may not at any time be convicted of the offence to which the notice of intent relates in relation to that act or omission.

(2) Where a fixed monetary penalty is imposed on a person—

(a) that person may not at any time be convicted of the offence in relation to which the penalty was imposed in respect of the act or omission giving rise to the penalty;

(b) the enforcement authority may not issue a compliance notice or a remediation notice(1) to that person in respect of the act or omission giving rise to the penalty.

(3) The enforcement authority may not serve a stop notice on a person in relation to any act or omission where—

(a) a fixed monetary penalty has been imposed on that person in relation to that act or omission; or

(b) the person has discharged liability for a fixed monetary penalty in relation to that act or omission in accordance with article 6.

(1)

See section 115(1) of the Act for a definition of these terms.