PART 5MUTUAL RECOGNITION OF FINANCIAL PENALTIES

Saving provision: requests from member States20

1

The provisions of the 2008 Act set out in paragraph (2) continue to apply with the modifications set out in paragraph (3) where, before exit day, the Lord Chancellor or the Department of Justice in Northern Ireland received a decision or a certified copy of a decision and a certificate mentioned in section 84(1)(a) or (as the case may be) section 87(1)(a) of the 2008 Act.

2

The provisions of the 2008 Act referred to in paragraph (1) are—

a

sections 84 to 90A;

b

sections 91(1) and (2);

c

section 92;

d

Schedule 18;

e

Schedule 19;

f

sub-paragraphs (3) and (4) of paragraph 29 of Schedule 27.

3

For the purposes of this regulation, the provisions of the 2008 Act referred to in paragraph (2) are to be read as if —

a

the term “member State” included the United Kingdom;

b

section 85(4A) were omitted;

c

section 85(7C) were omitted;

d

for section 85(8)(c) there were substituted—

c

the magistrates’ court is satisfied, having regard to evidence provided by the person required to pay the financial penalty to which the certificate relates, that all or part of the penalty has been paid in any State,

e

section 88(4A) were omitted;

f

section 88(6C) were omitted;

g

for section 88(7)(c) there were substituted—

c

the magistrates’ court is satisfied, having regard to evidence provided by the person required to pay the financial penalty to which the certificate relates, that all or part of the penalty has been paid in any State,