Regulatory Enforcement and Sanctions Act 2008
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Change 1
41 Fixed monetary penalties: criminal proceedings and conviction
Provision under section 39 must secure that— (a) in a case where a notice of intent referred to in section 40(2)(a) is served on a person— (i) no criminal proceedings for the relevant offence may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 40(2)(b), and (ii) if the person so discharges liability, the person may not at any time be convicted of the relevant offence in relation to that act or omission; (b) in a case where a fixed monetary penalty is imposed on a person, that person may not at any time be convicted of the relevant offence in respect of the act or omission giving rise to the penalty.
41 Fixed monetary penalties: criminal proceedings and conviction
Provision under section 39 must secure that— (a) in a case where a notice of intent referred to in section 40(2)(a) is served on a person— (i) no criminal proceedings for the relevant offence may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 40(2)(b), and (ii) if the person so discharges liability, the person may not at any time be convicted of the relevant offence in relation to that act or omission; (b) in a case where a fixed monetary penalty is imposed on a person, that person may not at any time be convicted of the relevant offence in respect of the act or omission giving rise to the penalty.
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