Where no final or provisional order has been made in relation to a contravention or failure, an enforcement authority may not impose a penalty on a person in respect of the contravention or failure later than the end of the period of five years from the time of the contravention or failure, unless before the end of that period—
the notice under section 22A(4) above relating to the penalty is served on the person under section 22A(8) above; or
a notice relating to the contravention or failure is served on the person under section 203(2) below.
Where a final or provisional order has been made in relation to a contravention or failure, an enforcement authority may not impose a penalty on a person in respect of the contravention or failure unless the notice relating to the penalty under section 22A(4) above was served on the person under section 22A(8) above—
within three months from the confirmation of the provisional order or the making of the final order; or
where the provisional order is not confirmed, within six months from the making of the provisional order.