PART IIIAPPOINTMENT AND REGULATION OF UNDERTAKERS
CHAPTER IIENFORCEMENT AND INSOLVENCY
Financial penalties
Time limits on the imposition of financial penalties37
1
Where no final or provisional order has been made in relation to a contravention or failure, an enforcement authority may not impose a penalty in respect of the contravention or failure later than the end of the period of 12 months from the time of the contravention or failure, unless before the end of that period—
a
the notice under Article 35(3) relating to the penalty is served on the company under Article 35(7); or
b
a notice relating to the contravention or failure is served on the company under Article 261(2).
2
Where a final or provisional order has been made in relation to a contravention or failure, an enforcement authority may not impose a penalty in respect of the contravention or failure unless the notice relating to the penalty under Article 35(3) was served on the company under Article 35(7)—
a
within 3 months from the confirmation of the provisional order or the making of the final order; or
b
where the provisional order is not confirmed, within 6 months from the making of the provisional order.