(1) Paragraphs (2) to (7) apply if, before 1st April 2014 -

(a) the OFT had given a notice under section 39B(1) of the 1974 Act (notice that OFT is minded to impose a civil penalty) [Inserted by the Consumer Credit Act 2006, section 53.] to a person ("A") that it is minded to impose a penalty on A under section 39A of the 1974 Act (power to impose civil penalties) [Inserted by the Consumer Credit Act 2006, section 52.], and

(b) the OFT had not before 1st April 2014 -

(i) given A a penalty notice under section 39A of the 1974 Act, or

(ii) given notice to A under section 34 of the 1974 Act of its determination not to give such a penalty notice.