Criminal Procedure (Scotland) Act 1995

223 Transfer of fines: procedure for clerk of court. S

(1) Where [F1 the clerk of] a court makes a transfer of fine order under section 222 of this Act, [F2 that clerk] shall send to the clerk of the court specified in the order—

(a) a notice in the form prescribed by Act of Adjournal, or as nearly as may be in such form;

(b) a statement of the offence of which the offender was convicted; and

(c) a statement of the steps, if any, taken to recover the fine,

and shall give him such further information, if any, as, in his opinion, is likely to assist the court specified in the order in recovering the fine.

(2) In the case of a further transfer of fine order, the clerk [F3 of court who] made the order shall send to the clerk of the court by which the fine was imposed a copy of the notice sent to the clerk of the court specified in the order.

(3) The clerk of court specified in a transfer of fine order shall, as soon as may be after he has received the notice mentioned in subsection (1)(a) above, send an intimation to the offender in the form prescribed by Act of Adjournal or as nearly as may be in such form.

(4) The clerk of court specified in a transfer of fine order shall remit or otherwise account for any payment received in respect of [F4 a fine imposed by a court outwith Scotland] to the clerk of the court by which the fine was imposed, and if the sentence has been enforced otherwise than by payment of the fine, he shall inform the clerk of court how the sentence was enforced.

Textual Amendments

F1 Words in s. 223(1) inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 20(4)(a)(i); S.S.I. 2008/42, art. 3, Sch.

F2 Words in s. 223(1) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 20(4)(a)(ii); S.S.I. 2008/42, art. 3, Sch.

F3 Words in s. 223(2) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 20(4)(b); S.S.I. 2008/42, art. 3, Sch.

F4 Words in s. 223(4) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 20(4)(c); S.S.I. 2008/42, art. 3, Sch.

Modifications etc. (not altering text)

C1 S. 223 applied (1.4.1996) by 1995 c. 43, ss. 14(2)(j), 50(2)

S. 223 applied (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 118(1)(2)(j), 458; S.S.I. 2003/210, art. 2 (with transitional provisions in arts. 3-7)