[F190ATransfer of certificates by Department of Justice to Lord Chancellor and vice versaE+W+N.I.
(1)Subsection (2) applies where—
(a)the competent authority or central authority of a member State other than the United Kingdom gives 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, or]
(b)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 paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Department of Justice.
(2)The Department of Justice must give the documents to the Lord Chancellor if—
(a)it is a case to which paragraph 6 of Schedule 18 applies, or
(b)other than by virtue of that paragraph, the financial penalty is suitable for enforcement in England and Wales for the purposes of section 84(1).
(3)Subsection (4) applies where—
(a)the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—
[F3(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, or]
(b)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 paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Lord Chancellor.
(4)The Lord Chancellor must give the documents to the Department of Justice if—
(a)it is a case to which paragraph 7 of Schedule 18 applies, or
(b)other than by virtue of that paragraph, the financial penalty is suitable for enforcement in Northern Ireland for the purposes of section 87(1).]
Textual Amendments
F1S. 90A 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. 91 (with arts. 28-31)
F2S. 90A(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. 11(2)
F3S. 90A(3)(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. 11(3)