17. In this Part, the “2008 Act” means the Criminal Justice and Immigration Act 2008(1).
18. In paragraph 38 of Schedule 5 to the Courts Act 2003 (the range of further steps available against defaulters)(2), omit—
(a)sub-paragraph (1)(f);
(b)sub-paragraph (4);
(c)sub-paragraph (5).
19. In the 2008 Act, omit—
(a)sections 80 to 92 (recognition of financial penalties)(3);
(b)section 147(5)(d) (orders, rules and regulations)(4);
(c)Schedule 18 (penalties suitable for enforcement in England and Wales or Northern Ireland)(5);
(d)Schedule 19 (grounds for refusal to enforce financial penalties)(6);
(e)paragraph 29 of Schedule 27 (mutual recognition of financial penalties).
20.—(1) The provisions of the 2008 Act set out in paragraph (2) continue to apply with the modifications set out in paragraph (3) where, before exit day, the Lord Chancellor or the Department of Justice in Northern Ireland received a decision or a certified copy of a decision and a certificate mentioned in section 84(1)(a) or (as the case may be) section 87(1)(a) of the 2008 Act.
(2) The provisions of the 2008 Act referred to in paragraph (1) are—
(a)sections 84 to 90A;
(b)sections 91(1) and (2);
(c)section 92;
(d)Schedule 18;
(e)Schedule 19;
(f)sub-paragraphs (3) and (4) of paragraph 29 of Schedule 27.
(3) For the purposes of this regulation, the provisions of the 2008 Act referred to in paragraph (2) are to be read as if —
(a)the term “member State” included the United Kingdom;
(b)section 85(4A) were omitted;
(c)section 85(7C) were omitted;
(d)for section 85(8)(c) there were substituted—
“(c)the magistrates’ court is satisfied, having regard to evidence provided by the person required to pay the financial penalty to which the certificate relates, that all or part of the penalty has been paid in any State,”;
(e)section 88(4A) were omitted;
(f)section 88(6C) were omitted;
(g)for section 88(7)(c) there were substituted—
“(c)the magistrates’ court is satisfied, having regard to evidence provided by the person required to pay the financial penalty to which the certificate relates, that all or part of the penalty has been paid in any State,”.
2003 c. 39, sub-paragraphs (1)(f), (4) and (5) of paragraph 38 were inserted by section 80(1) of the Criminal Justice and Immigration Act 2008 (c. 4).
)Section 80 was amended by S.I. 2016/244; section 81 was amended by S.I. 2014/3141; section 82 was amended by paragraph 133 of Schedule 1 and Part 1 of Schedule 9 to the Justice Act (Northern Ireland) 2015 (c. 9 (N.I.)), S.R. & O. (NI) 2010 No. 133 and S.I. 2010/976; sections 83 and 84 were amended by S.I. 2010/976 and 2014/3141; sections 85 and 86 were amended by S.I. 2014/3141; section 87 was amended by paragraph 133 of Schedule 1 and Part 1 of Schedule 9 to the Justice Act (Northern Ireland) 2015 (c. 9 (N.I.)), S.I. 2010/976 and 2014/3141; section 88 was amended by paragraph 133 of Schedule 1 and Part 1 of Schedule 9 to the Justice Act (Northern Ireland) 2015, paragraph 6 of Schedule 2 to the Justice Act (Northern Ireland) 2016 (c. 21 (N.I.)), S.I. 2010/976 and 2014/3141; sections 89 to 92 were amended by S.I. 2010/976 and 2014/3141.
Amended by S.I. 2014/3141.
Amended by S.I. 2010/976.
Amended by S.I. 2010/976, 2011/1043, 2012/1809, 2014/3141.