Version Superseded: 31/12/2020
Point in time view as at 01/02/2011.
Criminal Justice and Immigration Act 2008, Paragraph 7 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.
7(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 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) [F1or (4)] applies.
(3)This sub-paragraph applies if—
(a)the [F2Department of Justice] was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland [F3or by the Lord Chancellor under section 90A] ), and
(b)the [F2Department of Justice] thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.
[F4(4)This sub-paragraph applies if—
(a)the Department of Justice was given the certificate by the Lord Chancellor under section 90A,
(b)the Lord Chancellor was not given the certificate by the central authority for Scotland, and
(c)the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.]
Textual Amendments
F1Words in Sch. 18 para. 7(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(4)(a) (with arts. 28-31)
F2Words in Sch. 18 para. 7(3)(a) (b) substituted (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(4)(b) (with arts. 28-31)
F3Words in Sch. 18 para. 7(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(4)(c) (with arts. 28-31)
F4Sch. 18 para. 7(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(4)(d) (with arts. 28-31)
Commencement Information
I1Sch. 18 para. 7 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)
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