PART IIIAPPOINTMENT AND REGULATION OF UNDERTAKERS
CHAPTER IIENFORCEMENT AND INSOLVENCY
Financial penalties
Recovery of penalties40
Where a penalty imposed under Article 35(1) or (2), or any portion of it, has not been paid by the date on which it is required to be paid and—
a
no application relating to the penalty has been made under Article 39 during the period within which such an application can be made; or
b
an application has been made under that Article and determined,
the enforcement authority may recover from the company, as a civil debt due to it, any of the penalty and any interest which has not been paid.