- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
8.—(1) This regulation applies where a sum is payable to the Secretary of State as a penalty under these Regulations.
(2) In England and Wales the penalty is recoverable as if it were payable under an order of the county court in England and Wales.
(3) In Scotland the 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) In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.
(5) Where action is taken under this regulation for the recovery of a sum payable as a penalty under these Regulations, the penalty is—
(a)in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003(1) (register of judgments and orders etc) as if it were a judgment entered in the county court;
(b)in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981(2) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
2003 c.39; section 98 has been amended by the Tribunals, Courts and Enforcement Act 2007 (c.15), section 106(2), Schedule 16, paragraph 15, section 48(1), Schedule 8, paragraph 55(1), (2), (3)(a) and (b) and the Crime and Courts Act 2013 (c.22), section 17(5), Schedule 9, Part 2, paragraph 40(a) and (c). Further amendments made by the Tribunals, Courts and Enforcement Act 2007 have yet to be brought into force.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: