Criminal Procedure (Scotland) Act 1995

[F1 223P Transfer of certificates to central authority for England and Wales, or to central authority for Northern Ireland S

(1) This section applies where—

(a) the competent authority, or central authority, of a member State other than the United Kingdom gives the central authority for Scotland—

(i) a certificate requesting enforcement under the Framework Decision on financial penalties; and

(ii) the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates; but

(b) the central authority for Scotland is not required by section 223F(2) or (3) to give the documents to the competent authority for Scotland.

(2) If the certificate states that the person to whom the certificate relates is normally resident or has property or income in England or Wales only or, in the case of a body corporate or partnership, has its registered office or its principal office of the partnership there, the central authority for Scotland may give the documents to the central authority for England and Wales.

(3) If the certificate states that the person is normally resident or has property or income in Northern Ireland only or, in the case of a body corporate or partnership, has its registered office or its principal office of the partnership there, the central authority for Scotland may give the documents to the central authority for Northern Ireland.]

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)