[F130C Time limits on the imposition of penalties.E+W+S
(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 [F2five years] from the time of the contravention or failure, unless before the end of that period—
(a)the notice under section 30A(3) relating to the penalty is served on the [F3regulated person] under section 30A(7), or
(b)a notice relating to the contravention or failure is served on the [F3regulated person] under section 38(1).
(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 section 30A(3) was served on the F3... under section 30A(7)—
(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.]
Textual Amendments
F1Ss. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F2Words in s. 30C(1) substituted (8.6.2010) by Energy Act 2010 (c. 27), ss. 24(1), 38(3) (with s. 24(3))
F3Words in s. 30C substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(4)(e)
Modifications etc. (not altering text)
C1Ss. 28-30F applied (with modifications) by 1995 c. 45, s. 12(5) (as substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(10), 121(1); S.I. 2012/873, art. 2(b)(ii))