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The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014
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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 (revoked) No. 322
Amendment of the Criminal Procedure (Scotland) Act 1995
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6. In section 223H—
(a)after subsection (3) insert—
“(3A) The competent authority for Scotland may not decide that a ground for refusal specified in subsection (3B) applies unless the authority which signed the certificate referred to in subsection (1)(a) has—
(a)been informed that the competent authority for Scotland may be minded to make that decision;
(b)been consulted; and
(c)where appropriate, been given an opportunity to supply any information that is necessary if the financial penalty is to be enforced in Scotland.
(3B) The specified grounds for refusal referred to in subsection (3A) are the grounds for refusal mentioned in paragraphs 5A and 6 of Schedule 12.”; and
(b)subsection (4) is repealed.
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