PART 2Civil sanctions, notices and undertakings

Civil sanctions, notices and undertakings3

1

Schedule 1 makes provision for fixed monetary penalties.

2

Schedule 2 makes provision for variable monetary penalties, compliance notices, restoration notices and third party undertakings.

3

Schedule 3 makes provision for stop notices.

4

Schedule 4 makes provision for enforcement undertakings.

5

Those terms not defined in the Regulatory Enforcement and Sanctions Act 2008 have the meanings specified in those Schedules.

Scope4

Schedule 5 sets out the provisions creating the offences to which this Order relates.

Combination of sanctions5

1

A regulator may not serve a notice of intent relating to a fixed monetary penalty if a variable monetary penalty has been imposed or a compliance notice, restoration notice or stop notice has been served on that person relating to the same act or omission.

2

A regulator may not serve a notice of intent relating to a variable monetary penalty, compliance notice or restoration notice, or serve a stop notice, on any person if, in relation to the same act or omission—

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.