C1SCHEDULE 2Further provision about civil sanctions under Part 4 (marine licensing)

Annotations:

F1Civil sanctions and fixed penalty notices

Annotations:
Amendments (Textual)
F1

Sch. 2 para. 4A and cross-heading inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 61(5), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

4A

1

Provision under section 46 must secure that, in a case where a fixed penalty notice is issued to a person in respect of a relevant offence, the Scottish Ministers may not—

a

serve on the person a notice of intent referred to in section 47(2)(a) in relation to an act or omission constituting the relevant offence, or

b

impose a fixed monetary penalty on the person in relation to an act or omission constituting the relevant offence.

2

Provision under section 48 must secure that, in a case where a fixed penalty notice is issued to a person in respect of a relevant offence, the Scottish Ministers may not—

a

serve on the person a notice of intent referred to in section 49(2)(a) in relation to an act or omission constituting the relevant offence, or

b

impose a variable monetary penalty on the person in relation to an act or omission constituting the relevant offence.

3

In this paragraph “relevant offence” has the meaning given in section 25(2) of the Aquaculture and Fisheries (Scotland) Act 2007.