PART XI Sentencing

F1Enforcement of fines etc.: fines enforcement officers

Annotations:
Amendments (Textual)
F1

Ss. 226A-226I and preceding cross-heading inserted (10.3.2008 for certain purposes and otherwise prosp.) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 55, 84; S.I. 2008/42, art. 3, Sch.

C1C2C3C4C5C6C7C8226IEnforcement of fines etc.: interpretation

1

F2In this section and sections 226A to F3226H of this Act—

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  • enforcement order ” is to be construed in accordance with section 226B(1) and (4) to F5(6) of this Act;

  • FEO ” means a fines enforcement officer;

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  • offender ” means the person who is liable to pay a relevant penalty;

  • “relevant court”—

    1. a

      in the case of a fine or compensation order, means—

      1. i

        the court which imposed the penalty; or

      2. ii

        where the penalty is transferred to another court, that other court;

    2. b

      in the case of another relevant penalty (apart from a penalty specified by order for the purposes of this section), means—

      1. i

        the court whose clerk is specified in the notice to the offender; or

      2. ii

        where the penalty is transferred to another court, that other court;

    3. c

      in the case of a penalty specified by order for the purposes of this section, means—

      1. i

        the court whose clerk is specified in the notice to the offender;

      2. ii

        where the penalty is transferred to another court, that other court; or

      3. iii

        such other court as the order may specify for those purposes.

    4. d

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  • relevant penalty ” means—

    1. a

      a fine;

    2. b

      a compensation order imposed under section 249 of this Act;

    3. c

      a fixed penalty offer made under section 302(1) of this Act;

    4. d

      a compensation offer made under section 302A(1) of this Act;

    5. e

      a fixed penalty notice given under section 54 (giving notices for fixed penalty offences) or section 62 (fixing notices to vehicles) of the Road Traffic Offenders Act 1988 (c. 53);

    6. f

      a fixed penalty notice given under section 129 (fixed penalty notices) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8);

    7. g

      such other penalty as the Scottish Ministers may by order specify for the purposes of this section.

F71A

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2

An order specifying a penalty or a court for the purpose of this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.