40. 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.