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Criminal Procedure (Scotland) Act 1995, Section 226I is up to date with all changes known to be in force on or before 10 September 2024. 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.
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(1)[F2In] this section and sections 226A to [F3226H] of this Act—
F4...
F4...
F4...
F4...
“ 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;
F4...
F4...
“ offender ” means the person who is liable to pay a relevant penalty;
“relevant court”—
in the case of a fine or compensation order, means—
the court which imposed the penalty; or
where the penalty is transferred to another court, that other court;
in the case of another relevant penalty (apart from a penalty specified by order for the purposes of this section), means—
the court whose clerk is specified in the notice to the offender; or
where the penalty is transferred to another court, that other court;
in the case of a penalty specified by order for the purposes of this section, means—
the court whose clerk is specified in the notice to the offender;
where the penalty is transferred to another court, that other court; or
such other court as the order may specify for those purposes.
F6...
“ relevant penalty ” means—
a fine;
a compensation order imposed under section 249 of this Act;
a fixed penalty offer made under section 302(1) of this Act;
a compensation offer made under section 302A(1) of this Act;
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);
a fixed penalty notice given under section 129 (fixed penalty notices) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8);
such other penalty as the Scottish Ministers may by order specify for the purposes of this section.
F7(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.]
Textual Amendments
F1Ss. 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.
F2Word in s. 226I(1) substituted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 3(6)(a)(i) (with reg. 6)
F3Word in s. 226I(1) substituted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 3(6)(a)(ii) (with reg. 6)
F4Words in s. 226I(1) omitted (31.12.2020) by virtue of The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 3(6)(a)(iii) (with reg. 6)
F5Word in s. 226I(1) substituted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 3(6)(a)(iv) (with reg. 6)
F6Words in s. 226I(1) omitted (31.12.2020) by virtue of The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 3(6)(a)(v) (with reg. 6)
F7S. 226I(1A) omitted (31.12.2020) by virtue of The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 3(6)(b) (with reg. 6)
Modifications etc. (not altering text)
C1S. 226I applied (with modifications) (temp.) (8.6.2020) by The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (S.S.I. 2020/169), regs. 1(2), 11(4)(5) (with reg. 15)
C2S. 226I applied (with modifications) (temp.) (5.8.2020 at 5.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Aberdeen City) Regulations 2020 (S.S.I. 2020/234), regs. 1(1), 8(6)(7) (with reg. 9)
C3S. 226I applied (with modifications) (temp.) (28.8.2020) by The Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020 (S.S.I. 2020/262), regs. 1(2), 13(7)(8) (with reg. 15)
C4S. 226I applied (with modifications) (temp.) (14.9.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020 (S.S.I. 2020/279), regs. 1, 16(7)(8) (with reg. 17)
C5S. 226I applied (with modifications) (temp.) (9.10.2020 at 1800 hours) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020 (S.S.I. 2020/318), regs. 1(1), 27(7)(8) (with regs. 4, 28)
C6S. 226I applied (with modifications) (temp.) (2.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (S.S.I. 2020/344), regs. 1(1), 7(7)(8) (with reg. 9)
C7S. 226I applied (with modifications) (temp.) (9.8.2021) by The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (S.S.I. 2021/277), regs. 1(1), 17(7)(8) (with reg. 19)
C8S. 226I applied (with modifications) (temp.) (20.9.2021) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 (S.S.I. 2021/322), regs. 1(2), 35(4)(5) (with reg. 50)
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