House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Notices of Amendments: 14th November 2007
242

Criminal Justice and Immigration Bill, continued

(ii)
the decision, or a certified copy of the decision, requiring

payment of the financial penalty to which the certificate relates,

but

(b)
the Lord Chancellor is not required by section 78 or (Requests from other

member States: Northern Ireland) to give the documents to a designated

officer for a local justice area in England and Wales or to a clerk of petty

sessions for a petty sessions district in Northern Ireland.

(2)
If the certificate states that the person is normally resident or has property or a

source of income in Scotland, the Lord Chancellor must give the documents to

the central authority for Scotland.’.

Mr David Hanson

NS5

To move the following Schedule:—

‘Penalties suitable for enforcement in England and Wales or Northern

Ireland

Person residing in England and Wales

1
The financial penalty is suitable for enforcement in England and Wales if the

certificate states that the person required to pay the penalty is normally resident

in England and Wales.

Person residing in Northern Ireland

2
The financial penalty is suitable for enforcement in Northern Ireland if the

certificate states that the person required to pay the penalty is normally resident

in Northern Ireland.

Person having property etc. in England and Wales

3
The financial penalty is suitable for enforcement in England and Wales if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in England and Wales, and

(b)
the certificate does not state—

(i)
that the person has property or a source of income in Northern

Ireland or Scotland, or

(ii)
that the person is normally resident in the United Kingdom.

Person having property etc. in Northern Ireland

4
The financial penalty is suitable for enforcement in Northern Ireland if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in Northern Ireland, and

(b)
the certificate does not state—

(i)
that the person has property or a source of income in England

and Wales or Scotland, or

(ii)
that the person is normally resident in the United Kingdom.

Person having property etc. in England and Wales and Northern Ireland

5    (1)
This paragraph applies if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in England and Wales,

Notices of Amendments: 14th November 2007
243

Criminal Justice and Immigration Bill, continued

(b)
the certificate also states that the person has property or a source of

income in Northern Ireland, and

(c)
the certificate does not state —

(i)
that the person has property or a source of income in Scotland,

or

(ii)
that the person is normally resident in the United Kingdom.

      (2)
The financial penalty is suitable for enforcement in England and Wales unless

it is suitable for enforcement in Northern Ireland by virtue of sub-paragraph

(3).

      (3)
The financial penalty is suitable for enforcement in Northern Ireland if the

Lord Chancellor thinks that it is more appropriate for the penalty to be

enforced in Northern Ireland than in England and Wales.

Person having property etc. in England and Wales and Scotland

6    (1)
This paragraph applies if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in England and Wales,

(b)
the certificate also states that the person has property or a source of

income in Scotland, and

(c)
the certificate does not state —

(i)
that the person has property or a source of income in Northern

Ireland, or

(ii)
that the person is normally resident in the United Kingdom.

      (2)
The financial penalty is suitable for enforcement in England and Wales unless

sub-paragraph (3) applies.

      (3)
This sub-paragraph applies if—

(a)
the Lord Chancellor was given the certificate by the competent

authority or central authority of another member State (and not by the

central authority for Scotland), and

(b)
the Lord Chancellor thinks that it is more appropriate for the financial

penalty to be enforced in Scotland than in England and Wales.

Person having property etc. in Northern Ireland and Scotland

7    (1)
This paragraph applies if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in Northern Ireland,

(b)
the certificate also states that the person has property or a source of

income in Scotland, and

(c)
the certificate does not state —

(i)
that the person has property or a source of income in England

and Wales, or

(ii)
that the person is normally resident in the United Kingdom.

      (2)
The financial penalty is suitable for enforcement in Northern Ireland unless

sub-paragraph (3) applies.

      (3)
This sub-paragraph applies if—

(a)
the Lord Chancellor was given the certificate by the competent

authority or central authority of another member State (and not by the

central authority for Scotland), and

(b)
the Lord Chancellor thinks that it is more appropriate for the financial

penalty to be enforced in Scotland than in Northern Ireland.

Notices of Amendments: 14th November 2007
244

Criminal Justice and Immigration Bill, continued

Person having property etc. in England and Wales, Scotland and Northern Ireland

8    (1)
This paragraph applies if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in Northern Ireland,

(b)
the certificate also states that the person has property or a source of

income in England and Wales and in Scotland, and

(c)
the certificate does not state that the person is normally resident in the

United Kingdom.

      (2)
The financial penalty is suitable for enforcement in England and Wales

unless—

(a)
the penalty is suitable for enforcement in Northern Ireland by virtue of

sub-paragraph (3) or (4), or

(b)
sub-paragraph (5) applies.

      (3)
The financial penalty is suitable for enforcement in Northern Ireland if—

(a)
the Lord Chancellor was given the certificate by the competent

authority or central authority of another member State (and not by the

central authority for Scotland),

(b)
the Lord Chancellor thinks that it is more appropriate for the financial

penalty to be enforced in Northern Ireland than in England and Wales

or Scotland.

      (4)
The financial penalty is suitable for enforcement in Northern Ireland if—

(a)
the Lord Chancellor was given the certificate by the central authority

for Scotland, and

(b)
the Lord Chancellor thinks that it is more appropriate for the financial

penalty to be enforced in Northern Ireland than in England and Wales.

      (5)
The sub-paragraph applies if—

(a)
the Lord Chancellor was given the certificate by the competent

authority or central authority of another member State (and not by the

central authority for Scotland), and

(b)
the Lord Chancellor thinks that it is more appropriate for the financial

penalty to be enforced in Scotland than in England and Wales or

Northern Ireland.

Interpretation

9
Where the person is a body corporate, this Schedule applies as if—

(a)
the reference in paragraph 1 to the person being normally resident in

England and Wales were a reference to the person having its registered

office in England and Wales,

(b)
the reference in paragraph 2 to the person being normally resident in

Northern Ireland were a reference to the person having its registered

office in Northern Ireland, and

(c)
any reference to the person being normally resident in the United

Kingdom were a reference to the person having its registered office in

the United Kingdom.’.