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Criminal Justice and Immigration Act 2008

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Changes over time for: Section 84

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No versions valid at: 03/11/2008

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Point in time view as at 03/11/2008. This version of this provision is not valid for this point in time. Help about Status

Changes to legislation:

Criminal Justice and Immigration Act 2008, Section 84 is up to date with all changes known to be in force on or before 30 January 2025. 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. Help about Changes to Legislation

Valid from 01/10/2009

84Requests from other member States: England and WalesE+W

This section has no associated Explanatory Notes

(1)This section applies where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—

(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, and

(b)the financial penalty is suitable for enforcement in England and Wales (see section 91(1)).

(2)If the certificate states that the person required to pay the financial penalty is normally resident in England and Wales, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the designated officer for the local justice area in which it appears that the person is normally resident.

(3)Otherwise, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the designated officer for such local justice area as appears appropriate.

(4)Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor must also give the designated officer a notice—

(a)stating whether the Lord Chancellor thinks that any of the grounds for refusal apply (see section 91(2)), and

(b)giving reasons for that opinion.

(5)Where the person required to pay the financial penalty is a body corporate, subsection (2) applies as if the reference to the local justice area in which it appears that the person is normally resident were a reference to the local justice area in which it appears that the person has its registered office.

(6)Where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in subsection (1)(a), and

(b)without taking any action to enforce the financial penalty in Scotland, the central authority for Scotland gives the documents to the Lord Chancellor,

this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.

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