Version Superseded: 31/12/2020
Point in time view as at 01/02/2011.
Criminal Justice and Immigration Act 2008, Cross Heading: Person having property etc. in England and Wales and Scotland is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
6(1)This paragraph applies if—E+W+N.I.
(a)the certificate states that the person required to pay the financial 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) [F1or (4)] 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 [F2or by the Department of Justice under section 90A] ), 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.
[F3(4)This sub-paragraph applies if—
(a)the Lord Chancellor was given the certificate by the Department of Justice under section 90A,
(b)the Department of Justice was not given the certificate by the central authority for Scotland, and
(c)the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales.]
Textual Amendments
F1Words in Sch. 18 para. 6(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(3)(a) (with arts. 28-31)
F2Words in Sch. 18 para. 6(3)(a) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(3)(b) (with arts. 28-31)
F3Sch. 18 para. 6(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(3)(c) (with arts. 28-31)
Commencement Information
I1Sch. 18 para. 6 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)
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