The Posted Workers (Enforcement of Employment Rights) Regulations 2016

Cross-border enforcement of financial administrative penalties and fines

11.—(1) An amount payable in pursuance of an EU penalty is recoverable—

(a) in England and Wales, if the county court so orders, under section 85 of the County Courts Act 1984(1) or otherwise as if the sum were payable under an order of that court;

(b) in Scotland, by diligence as if the sum were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(2) Where a competent authority in a Member State other than the United Kingdom requests that the Secretary of State recover an EU penalty, the Secretary of State is entitled to recover the amount of any sum owing as part of that EU penalty.

(3) For the purposes of this regulation—

“EU penalty” means a financial administrative penalty or fine including fees and surcharges relating to non-compliance with Directive 96/71/EC or Directive 2014/67/EU—

(a)

imposed on a service provider established in the United Kingdom by a competent authority in a Member State other than the United Kingdom; or

(b)

confirmed by an administrative or judicial body in a Member State other than the United Kingdom as payable by a service provider established in the United Kingdom;

“competent authority” means a competent authority designated by a Member State other than the United Kingdom for the purposes of Directive 2014/67/EU.

(4) Any amount received by the Secretary of State under this Part is to be paid into the Consolidated Fund.

(1)

1984 c.28.