47.—(1) Where no final or provisional order has been made in relation to a contravention or failure, the 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 45(4) relating to the penalty is served on the [F1regulated person] under Article 45(8), or
(b)a notice relating to the contravention or failure is served on the [F1regulated person] under Article 51(2).
(2) Where a final or provisional order has been made in relation to a contravention or failure, the Authority may not impose a penalty in respect of the contravention or failure unless the notice relating to the penalty under Article 45(4) was served on the [F1regulated person] under Article 45(8)—
(a)within three 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 six months from the making of the provisional order.
[F2(3) This Article shall not apply in relation to a penalty imposed for a contravention of any provision of the Community Regulation within the meaning of Article 45(11).]
F1Words in art. 47 substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 71
F2SR 2005/335
Modifications etc. (not altering text)
C1Art. 47 applied (with modifications) (3.7.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(1), 56(2) (with transitional provisions in Pt. IV)