(1)This section applies where—
(a)the competent authority or central authority of a member State other than the United Kingdom gives the [F1Department of Justice]—
[F2(i)a decision, or a certified copy of a decision, requiring payment of a financial penalty, and
(ii)a certificate requesting enforcement under the Framework Decision on financial penalties, and]
(b)the financial penalty is suitable for enforcement in Northern Ireland (see section 91(1)).
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F4... the [F5Department of Justice] must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions F4....
(4)Where the [F6Department of Justice] acts under subsection F7... (3), the [F6Department of Justice] must also give the clerk of petty sessions a notice—
(a)stating whether the [F6Department of Justice] thinks that any of the grounds for refusal apply (see section 91(2)), and
(b)giving reasons for that opinion.
F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F9Department of Justice],
this section applies as if the competent authority or central authority of the other member State gave the documents to the [F9Department of Justice].
[F10(7)Where the documents mentioned in subsection (1)(a) are given to the Department of Justice by the Lord Chancellor under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Department of Justice.]
Textual Amendments
F1Words in s. 87(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 87(a) (with arts. 28-31)
F2S. 87(1)(a)(i)(ii) substituted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 7
F3S. 87(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 133(2)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F4Words in s. 87(3) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 133(2)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F5Words in s. 87(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 87(a) (with arts. 28-31)
F6Words in s. 87(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 87(a) (with arts. 28-31)
F7Words in s. 87(4) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 133(2)(c), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F8S. 87(5) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 133(2)(d), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F9Words in s. 87(6) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 87(a) (with arts. 28-31)
F10S. 87(7) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 87(b) (with arts. 28-31)
Commencement Information
I1S. 87 in force at 1.10.2009 by S.I. 2009/2606, art. 2(h)