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 five years from the time of the contravention or failure, unless before the end of that period—
the notice under section 30A(3) relating to the penalty is served on the regulated person under section 30A(7), or
a notice relating to the contravention or failure is served on the regulated person under section 38(1).
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 ... under section 30A(7)—
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.