Version Superseded: 31/12/2020
Point in time view as at 28/03/2011.
Criminal Procedure (Scotland) Act 1995, Paragraph 3 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F13(1)This paragraph applies if—S
(a)the certificate states that the person required to pay the financial penalty has property or a source of income in Scotland,
(b)the certificate also states that the person has property or a source of income in England and Wales, and
(c)the certificate does not state—
(i)that the person has property or a source of income in Northern Ireland, or
(ii)that the person is normally resident in the United Kingdom.
(2)The financial penalty is suitable for enforcement in Scotland unless sub-paragraph (3) applies.
(3)This sub-paragraph applies if—
(a)the central authority was given the certificate by the competent authority or central authority of another member State (and not by the authority designated as the central authority for England and Wales, or the central authority for Northern Ireland), and
(b)the central authority thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Scotland.]
Textual Amendments
F1Sch. 11 inserted (12.10.2009) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342), art. 8 (with art. 2)
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