PART XI Sentencing

F1The mutual recognition of criminal financial penalties

Annotations:
Amendments (Textual)
F1

Ss. 223A-223T and cross-heading 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. 3 (with art. 2)

223HRequests from other member States: procedure on receipt of certificate

1

This section applies where the central authority for Scotland gives the designated officer of the competent authority for Scotland—

a

a certificate, as mentioned in section 223F, requesting enforcement under the Framework Decision on financial penalties;

b

the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates; and

c

a notice under section 223F(4).

2

The designated officer of the competent authority for Scotland must refer the matter to the competent authority for Scotland mentioned in section 223Q(2).

3

The competent authority for Scotland must decide whether it is satisfied that any of the grounds for refusal, as mentioned in Schedule 12, apply.

4

The designated officer of the competent authority for Scotland must inform the central authority for Scotland of the decision.

5

Schedule 12 to this Act, which specifies the grounds for refusal to enforce financial penalties for the purposes of subsection (3) and section 223F(4), has effect.