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41.—(1) Where a financial penalty, or any portion of it, has not been paid by the time which it is required to be paid and paragraph (2) applies the Secretary of State may recover from the person on whom the penalty is imposed any of the penalty which has not been paid as a debt due to the Secretary of State.
(2) This paragraph applies where—
(a)no appeal relating to the penalty has been made under regulation 40; or
(b)an appeal has been made under that regulation and that appeal has been determined, withdrawn or otherwise dealt with.
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