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79 | Procedure on issue of certificate: England and Wales |
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(1) | This section applies where— |
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(a) | a magistrates’ court or a fines officer has, under paragraph 39(3)(b) or |
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40 of Schedule 5 to the Courts Act 2003 (c. 39), issued a certificate |
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requesting enforcement under the Framework Decision on financial |
| 5 |
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(b) | the designated officer for a magistrates’ court has issued such a |
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certificate under section 78(2) of this Act. |
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(2) | The fines officer (in the case of a certificate issued by the officer) or the |
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designated officer for the magistrates’ court (in any other case) must give the |
| 10 |
Lord Chancellor the certificate, together with a certified copy of the decision |
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requiring payment of the financial penalty. |
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(3) | On receipt of the documents mentioned in subsection (2), the Lord Chancellor |
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must give those documents to the central authority or competent authority of |
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the member State in which the person required to pay the penalty appears to |
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be normally resident or (as the case may be) to have property or income. |
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(4) | Where a certified copy of the decision is given to the central authority or |
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competent authority of a member State in accordance with subsection (3), no |
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further steps to enforce the decision may be taken in England and Wales except |
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in accordance with provision made by order by the Lord Chancellor. |
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(5) | Where the person required to pay the financial penalty is a body corporate, |
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subsection (3) applies as if the reference to the member State in which the |
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person appears to be normally resident were a reference to the member State |
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in which the person appears to have its registered office. |
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80 | Requests to other member States: Northern Ireland |
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(1) | A designated officer of the Northern Ireland Court Service may issue a |
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certificate requesting enforcement under the Framework Decision on financial |
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(a) | a person is required to pay a financial penalty, |
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(b) | the penalty is not paid in full within the time allowed for payment, |
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(c) | there is no appeal outstanding in relation to the penalty, and |
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(d) | it appears to the designated officer that the person is normally resident |
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in, or has property or income in, a member State other than the United |
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(2) | For the purposes of subsection (1)(c), there is no appeal outstanding in relation |
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to a financial penalty if— |
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(a) | no appeal has been brought in relation to the imposition of the financial |
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penalty within the time allowed for making such an appeal, or |
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(b) | such an appeal has been brought but the proceedings on appeal have |
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(3) | Where the person required to pay the financial penalty is a body corporate, |
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subsection (1)(d) applies as if the reference to the person being normally |
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resident in a member State other than the United Kingdom were a reference to |
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the person having its registered office in a member State other than the United |
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|
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|
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(a) | “designated officer of the Northern Ireland Court Service” means a |
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member of the staff of the Northern Ireland Court Service designated |
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by the Lord Chancellor for the purposes of this section; |
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(b) | “financial penalty” means— |
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(i) | a fine imposed by a court in Northern Ireland on a person’s |
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conviction of an offence; |
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(ii) | any sum payable under a compensation order (within the |
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meaning of Article 14 of the Criminal Justice (Northern Ireland) |
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Order 1994 (S.I.1994/2795 (N.I.15)); |
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(iii) | any sum payable under an order made under section 2(1), 4(1) |
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or 5(1) of the Costs in Criminal Cases Act (Northern Ireland) |
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1968 (N.I. 10) or section 41(1) of the Criminal Appeal (Northern |
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Ireland) Act 1980 (c. 47); |
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(iv) | any sum payable by virtue of Article 35 of the Criminal Justice |
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(Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. |
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9) (orders requiring parents to pay fines etc.); |
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(v) | any fine or other sum mentioned in section 78(5)(a) to (e), or any |
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fine imposed by a court in Scotland, which is enforceable in a |
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petty sessions district in Northern Ireland by virtue of Article 96 |
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of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. |
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(vi) | any other financial penalty, within the meaning of the |
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Framework Decision on financial penalties, specified in an |
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order made by the Lord Chancellor. |
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81 | Procedure on issue of certificate: Northern Ireland |
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(1) | This section applies where a designated officer has issued a certificate under |
| |
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(2) | The designated officer must give the Lord Chancellor the certificate, together |
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with a certified copy of the decision requiring payment of the financial penalty. |
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(3) | On receipt of the documents mentioned in subsection (2), the Lord Chancellor |
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must give those documents to the central authority or competent authority of |
| |
the member State in which the person required to pay the penalty appears to |
| |
be normally resident or (as the case may be) to have property or income. |
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(4) | Where a certified copy of the decision is given to the central authority or |
| |
competent authority of a member State in accordance with subsection (3), no |
| 35 |
further steps to enforce the decision may be taken in Northern Ireland except |
| |
in accordance with provision made by order by the Lord Chancellor. |
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(5) | Where the person required to pay the financial penalty is a body corporate, |
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subsection (3) applies as if the reference to the member State in which the |
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person appears to be normally resident were a reference to the member State |
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in which the person appears to have its registered office. |
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Recognition of financial penalties: requests from other member States |
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82 | Requests from other member States: England and Wales |
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(1) | This section applies where— |
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|
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|
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|
(a) | the competent authority or central authority of a member State other |
| |
than the United Kingdom gives the Lord Chancellor— |
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(i) | a certificate requesting enforcement under the Framework |
| |
Decision on financial penalties, and |
| |
(ii) | the decision, or a certified copy of the decision, requiring |
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payment of the financial penalty to which the certificate relates, |
| |
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(b) | the financial penalty is suitable for enforcement in England and Wales |
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(2) | If the certificate states that the person required to pay the financial penalty is |
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normally resident in England and Wales, the Lord Chancellor must give the |
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documents mentioned in subsection (1)(a) to the designated officer for the local |
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justice area in which it appears that the person is normally resident. |
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(3) | Otherwise, the Lord Chancellor must give the documents mentioned in |
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subsection (1)(a) to the designated officer for such local justice area as appears |
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(4) | Where the Lord Chancellor acts under subsection (2) or (3), the Lord |
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Chancellor must also give the designated officer a notice— |
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(a) | stating whether the Lord Chancellor thinks that any of the grounds for |
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refusal apply (see section 89(2)), and |
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(b) | giving reasons for that opinion. |
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(5) | Where the person required to pay the financial penalty is a body corporate, |
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subsection (2) applies as if the reference to the local justice area in which it |
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appears that the person is normally resident were a reference to the local justice |
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area in which it appears that the person has its registered office. |
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(a) | the competent authority or central authority of a member State other |
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than the United Kingdom gives the central authority for Scotland the |
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documents mentioned in subsection (1)(a), and |
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(b) | without taking any action to enforce the financial penalty in Scotland, |
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the central authority for Scotland gives the documents to the Lord |
| |
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| this section applies as if the competent authority or central authority of the |
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other member State gave the documents to the Lord Chancellor. |
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83 | Procedure on receipt of certificate by designated officer |
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(1) | This section applies where the Lord Chancellor gives the designated officer for |
| |
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(a) | a certificate requesting enforcement under the Framework Decision on |
| |
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(b) | the decision, or a certified copy of the decision, requiring payment of |
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the financial penalty to which the certificate relates, and |
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(c) | a notice under section 82(4). |
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(2) | The designated officer must refer the matter to a magistrates’ court acting for |
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(3) | The magistrates’ court must decide whether it is satisfied that any of the |
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grounds for refusal apply (see section 89(2)). |
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|
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|
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|
(4) | The designated officer must inform the Lord Chancellor of the decision of the |
| |
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(5) | Subsection (6) applies unless the magistrates’ court is satisfied that one or more |
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of the grounds for refusal apply. |
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(6) | The enactments specified in subsection (7) apply in relation to the financial |
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penalty as if it were a sum adjudged to be paid by a conviction of the |
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magistrates’ court on the date when the court made the decision mentioned in |
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(7) | The enactments specified in this subsection are— |
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(a) | Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and |
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(b) | Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc. |
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and discharge of fines etc. by unpaid work); |
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(c) | any subordinate legislation (within the meaning of the Interpretation |
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Act 1978 (c. 30)) made under the enactments specified in paragraphs (a) |
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(8) | If the certificate requesting enforcement under the Framework Decision on |
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financial penalties states that part of the financial penalty has been paid, the |
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reference in subsection (6) to the financial penalty is to be read as a reference to |
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such part of the penalty as remains unpaid. |
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84 | Modification of Magistrates’ Courts Act 1980 |
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(1) | Section 90 of the Magistrates’ Courts Act 1980 is modified as follows in its |
| |
application to financial penalties by virtue of section 83(6) of this Act. |
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(2) | Subsection (1) applies as if for the words from “he is residing” to the end of that |
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subsection there were substituted “he is residing, or has property or a source |
| 25 |
of income, in any petty sessions district in Northern Ireland— |
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(a) | the court or the fines officer (as the case may be) may order that |
| |
payment of the sum shall be enforceable in that petty sessions |
| |
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(b) | if such an order is made, the court or the fines officer must |
| 30 |
notify the Lord Chancellor.” |
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85 | Requests from other member States: Northern Ireland |
| |
(1) | This section applies where— |
| |
(a) | the competent authority or central authority of a member State other |
| |
than the United Kingdom gives the Lord Chancellor— |
| 35 |
(i) | a certificate requesting enforcement under the Framework |
| |
Decision on financial penalties, and |
| |
(ii) | the decision, or a certified copy of the decision, requiring |
| |
payment of the financial penalty to which the certificate relates, |
| |
| 40 |
(b) | the financial penalty is suitable for enforcement in Northern Ireland |
| |
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(2) | If the certificate states that the person required to pay the financial penalty is |
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normally resident in Northern Ireland, the Lord Chancellor must give the |
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|
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|
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|
documents mentioned in subsection (1)(a) to the clerk of petty sessions for the |
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petty sessions district in which it appears that the person is normally resident. |
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(3) | Otherwise, the Lord Chancellor must give the documents mentioned in |
| |
subsection (1)(a) to the clerk of petty sessions for such petty sessions district as |
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(4) | Where the Lord Chancellor acts under subsection (2) or (3), the Lord |
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Chancellor must also give the clerk of petty sessions a notice— |
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(a) | stating whether the Lord Chancellor thinks that any of the grounds for |
| |
refusal apply (see section 89(2)), and |
| |
(b) | giving reasons for that opinion. |
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(5) | Where the person required to pay the financial penalty is a body corporate, |
| |
subsection (2) applies as if the reference to the petty sessions district in which |
| |
it appears that the person is normally resident were a reference to the petty |
| |
sessions district in which it appears that the person has its registered office. |
| |
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(a) | the competent authority or central authority of a member State other |
| |
than the United Kingdom gives the central authority for Scotland the |
| |
documents mentioned in subsection (1)(a), and |
| |
(b) | without taking any action to enforce the financial penalty in Scotland, |
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the central authority for Scotland gives the documents to the Lord |
| 20 |
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| this section applies as if the competent authority or central authority of the |
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other member State gave the documents to the Lord Chancellor. |
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86 | Procedure on receipt of certificate by clerk of petty sessions |
| |
(1) | This section applies where the Lord Chancellor gives the clerk of petty sessions |
| 25 |
for a petty sessions district— |
| |
(a) | a certificate requesting enforcement under the Framework Decision on |
| |
| |
(b) | the decision, or a certified copy of the decision, requiring payment of |
| |
the financial penalty to which the certificate relates, and |
| 30 |
(c) | a notice under section 85(4). |
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(2) | The clerk must refer the matter to a magistrates’ court acting for the petty |
| |
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(3) | The magistrates’ court must decide whether it is satisfied that any of the |
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grounds for refusal apply (see section 89(2)). |
| 35 |
(4) | The clerk must inform the Lord Chancellor of the decision of the magistrates’ |
| |
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(5) | Subsection (6) applies unless the magistrates’ court is satisfied that one or more |
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of the grounds for refusal apply. |
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(6) | Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 |
| 40 |
(N.I.26)), and any instrument made under that Part, apply in relation to the |
| |
financial penalty as if it were a sum adjudged to be paid by a conviction of the |
| |
magistrates’ court on the date when the court made the decision mentioned in |
| |
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|
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|
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|
(7) | If the certificate requesting enforcement under the Framework Decision on |
| |
financial penalties states that part of the financial penalty has been paid, the |
| |
reference in subsection (6) to the financial penalty is to be read as a reference to |
| |
such part of the penalty as remains unpaid. |
| |
87 | Modification of Magistrates’ Courts (Northern Ireland) Order 1981 |
| 5 |
(1) | Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 is modified as |
| |
follows in its application to financial penalties by virtue of section 86(6) of this |
| |
| |
(2) | Article 92 applies in relation to any financial penalty for an amount exceeding |
| |
£20,000 as if for paragraph (5) there were substituted— |
| 10 |
“(5) | The period for which a person may be committed to prison under |
| |
this Article in default of payment or levy of any sum or part of such |
| |
sum shall not exceed the maximum period which the Crown Court |
| |
could have fixed under section 35(1)(c) of the Criminal Justice Act |
| |
(Northern Ireland) 1945 had the financial penalty been a fine |
| 15 |
imposed by the Crown Court.” |
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(3) | For the purposes of subsection (2), if the amount of a financial penalty is |
| |
specified in a currency other than sterling, that amount must be converted to |
| |
sterling by reference to the London closing exchange rate on the relevant date. |
| |
(4) | In subsection (3), the “relevant date” means the date on which the decision |
| 20 |
imposing the financial penalty was made. |
| |
(5) | Article 95 applies as if for the words from “he is residing” in paragraph (1) to |
| |
the end of that paragraph there were substituted “he is residing, or has |
| |
property or a source of income, in any local justice area in England and |
| |
| 25 |
(a) | the court may order that payment of the sum shall be |
| |
enforceable in that local justice area, and |
| |
(b) | if such an order is made, the court must notify the Lord |
| |
| |
88 | Transfer of certificates to central authority for Scotland |
| 30 |
(1) | This section applies where— |
| |
(a) | the competent authority or central authority of a member State other |
| |
than the United Kingdom gives the Lord Chancellor— |
| |
(i) | a certificate requesting enforcement under the Framework |
| |
Decision on financial penalties, and |
| 35 |
(ii) | the decision, or a certified copy of the decision, requiring |
| |
payment of the financial penalty to which the certificate relates, |
| |
| |
(b) | the Lord Chancellor is not required by section 82 or 85 to give the |
| |
documents to a designated officer for a local justice area in England and |
| 40 |
Wales or to a clerk of petty sessions for a petty sessions district in |
| |
| |
(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. |
| 45 |
|
| |
|