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Regulatory Enforcement and Sanctions Bill [HL]

moved Amendment No. 70: 70: Clause 50, page 24, line 23, leave out subsections (1) and (2) and insert— ““( ) Provision may not be made under section 38 and section 41 conferring powers on a regulator in relation to the same offence unless it secures that— (a) the regulator may not serve a notice of intent referred to in section 39(2)(a) on a person in relation to any act or omission where a discretionary requirement has been imposed on that person in relation to that act or omission, and (b) the regulator may not serve a notice of intent referred to in section 42(2)(a) on a person in relation to any act or omission where— (i) a fixed monetary penalty has been imposed on that person in relation to that act or omission, or (ii) the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 39(2)(b). ( ) Provision may not be made under section 38 and section 45 conferring powers on a regulator in relation to the same offence unless it secures that— (a) the regulator may not serve a notice of intent referred to in section 39(2)(a) on a person in relation to any act or omission where a stop notice has been served on that person in relation to that act or omission, and (b) the regulator may not serve a stop notice on a person in relation to any act or omission where— (i) a fixed monetary penalty has been imposed on that person in relation to that act or omission, or (ii) the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 39(2)(b).”” On Question, amendment agreed to. Clause 53 [Appeals]: