90Transfer of certificates to central authority for ScotlandE+W+N.I.
(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 [F1or the Department 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, but]
[F3(b)the financial penalty is not suitable for enforcement in England and Wales or Northern Ireland for the purposes of section 84(1) or 87(1).]
(2)If the certificate states that the person is normally resident or has property or a source of income in Scotland, the [F4documents must be given to the central authority for Scotland—
(a)in a case to which paragraph 6 of Schedule 18 applies, by the Lord Chancellor;
(b)in a case to which paragraph 7 of Schedule 18 applies, by the Department of Justice;
(c)in any other case, by whoever was given the documents by the competent authority or central authority of the other member State].
Textual Amendments
F1Words in s. 90(1)(a) 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. 90(a) (with arts. 28-31)
F2S. 90(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. 10
F3S. 90(1)(b) 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. 90(b) (with arts. 28-31)
F4Words in s. 90(2) 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. 90(c) (with arts. 28-31)
Commencement Information
I1S. 90 in force at 1.10.2009 by S.I. 2009/2606, art. 2(k)