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The Public Contracts (Scotland) Regulations 2012
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- Scottish Statutory Instruments
- 2012 No. 88
- PART 9
- Regulation 50
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Financial penalties
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50.—(1) Subject to paragraph (2), where a financial penalty is ordered to be paid under this Part—
(a)the order must state that the financial penalty must be paid to the Scottish Ministers; and
(b)the clerk of the Court must send an extract of the decree (without charge) to the Scottish Ministers.
(2) Paragraph (1) does not apply to any financial penalty ordered to be paid by the Scottish Ministers or an office in the Scottish Administration which is not a ministerial office.
(3) The Scottish Ministers must pay into the Scottish Consolidated Fund any financial penalty—
(a)ordered to be paid by them under this Part; or
(b)recovered by them under paragraph (1).
(4) An office in the Scottish Administration which is not a ministerial office must pay any financial penalty ordered to be paid by them under this Part into the Scottish Consolidated Fund.
(5) In this regulation, “an office in the Scottish Administration which is not a ministerial office” is construed in accordance with section 126(8) of the Scotland Act 1998(1).
(1)
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