Criminal Justice (Scotland) Act 1995

67 Transfer of fine orders

(1) Section 403 of the 1975 Act (transfer of fine orders), shall be amended as follows.

(2) In subsection (3), at the beginning there shall be inserted the words “Subject to subsections (3A) and (3B) below,”.

(3) After subsection (3) there shall be inserted the following subsections—

“(3A) Where—

(a) the court specified in a transfer of fine order is satisfied, after inquiry, that the offender is not residing within the jurisdiction of that court; and

(b) the clerk of that court, within 14 days of receiving the notice required by section 404(1) of this Act, sends to the clerk of the court which made the order notice to that effect,

the order shall cease to have effect.

(3B) Where a transfer of fine order ceases to have effect by virtue of subsection (3A) above, the functions referred to in subsection (3) above shall again be exercisable by the court which made the order or, as the case may be, by the clerk of that court.”.