(1)Without prejudice to the power contained in section 213 of this Act, (as applied by section 252 of this Act), at any time before a compensation order has been complied with or fully complied with, the court, on the application of the person against whom the compensation order was made, may discharge the compensation order or reduce the amount that remains to be paid if it appears to the court that—
(a)the injury, loss [F1, damage, alarm or distress] in respect of which the compensation order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the compensation order; or
(b)that property the loss of which is reflected in the compensation order has been recovered.
(2)In subsection (1) above “the court” means—
(a)in a case where, as respects the compensation order, a transfer of fine order under section 222 of this Act (as applied by the said section 252) is effective and the court by which the compensation order is enforceable is in terms of the transfer of fine order a court of summary jurisdiction in Scotland, that court; or
(b)in any other case, the court which made the compensation order or, where that court was the High Court, by which the order was first enforceable.
Textual Amendments
F1Words in s. 251(1)(a) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 49(2), 84; S.S.I. 2008/42, art. 3, Sch.