The Register of Overseas Entities (Penalties and Northern Ireland Dispositions) Regulations 2023

PART 4Penalty Enforcement

Recovering penalties

9.—(1) The registrar may recover any of the financial penalty and any interest that has not been paid if—

(a)no appeal relating to the financial penalty has been brought under regulation 8 during the period within which such an appeal may be brought; or

(b)an appeal has been determined or withdrawn.

(2) In England and Wales, and in Northern Ireland, the financial penalty is recoverable as if it were payable under an order of the High Court.

(3) In Scotland, the financial penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) Where action is taken under this regulation for the recovery of a sum payable under a penalty notice, the financial penalty is—

(a)in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003(1) as if it were a judgment entered in the High Court, and

(b)in relation to Northern Ireland, to be treated for the purposes of article 116 of the Judgments Enforcement (Northern Ireland) Order 1981(2) as if it were a judgment in respect of which an application has been accepted under article 22 or 23(1) of that Order.