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The Water and Sewerage Services (Northern Ireland) Order 2006
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The Water and Sewerage Services (Northern Ireland) Order 2006, Section 37 is up to date with all changes known to be in force on or before 23 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 37:
- art. 293(10A) inserted by 2015 c. 8 (N.I.) Sch. 3 para. 2(b)
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- art. 293(10A) inserted by 2015 c. 8 (N.I.) Sch. 3 para. 2(b)
Time limits on the imposition of financial penaltiesN.I.
This section has no associated Explanatory Memorandum
37.—(1) Where no final or provisional order has been made in relation to a contravention or failure, an enforcement 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 35(3) relating to the penalty is served on the company under Article 35(7); or
(b)a notice relating to the contravention or failure is served on the company under Article 261(2).
(2) Where a final or provisional order has been made in relation to a contravention or failure, an enforcement authority may not impose a penalty in respect of the contravention or failure unless the notice relating to the penalty under Article 35(3) was served on the company under Article 35(7)—
(a)within 3 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 6 months from the making of the provisional order.
Commencement Information
I1Art. 37 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
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