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The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016

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Cross-border enforcement of financial administrative penalties and fines

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8.—(1) A sum payable in pursuance of an EU penalty is enforceable by the Enforcement of Judgments Office as if it were a money judgment within the meaning of the Judgments Enforcement (Northern Ireland) Order 1981(1)

(2) Where a competent authority in a Member State other than the United Kingdom requests the recovery of an EU penalty, the Department 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 Department under this Part is to be paid into the Northern Ireland Consolidated Fund.

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