The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

32.—(1) Amend the Criminal Procedure (Scotland) Act 1995(1) as follows. U.K.

(2) In section 303 (fixed penalty: enforcement)—

(a) in subsection (4) omit “or Northern Ireland” and “or, as the case may be, Northern Ireland”; and

(b) after subsection (4) insert—

“(5) The Department of Justice in Northern Ireland may by order make such provision as it considers necessary for the enforcement in Northern Ireland of any penalty, treated in pursuance of subsection (1) above as a fine, which is transferred as a fine to a court in Northern Ireland.

(6) The power of the Department of Justice to make an order under subsection (5) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(7) An order made by the Department of Justice under subsection (5) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).”

(3) In section 309(4) for “303(4)” substitute “303(4) to (7)”.

(4) In section 309(5) for “303(4)” substitute “303(4) to (7)”.

Commencement Information

I1 Sch. 14 para. 32 in force at 12.4.2010, see art. 1(2)

(1)

1995 c. 46. Section 303 was amended by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6). There are other amendments to the Act, but none are relevant.