Criminal Procedure (Scotland) Act 1995

[F1 223H Requests from other member States: procedure on receipt of certificate S

(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.

[F2 (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 [F3 paragraphs 5A, 6 and 6A] of Schedule 12.]

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

Textual Amendments

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)

F2 S. 223H(3A)(3B) inserted (1.12.2014) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 (S.S.I. 2014/322), arts. 1, 6(a)

F3 Words in s. 223H(3B) substituted (1.12.2014) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 2) Order 2014 (S.S.I. 2014/336), arts. 1, 3

F4 S. 223H(4) repealed (1.12.2014) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 (S.S.I. 2014/322), arts. 1, 6(b)