- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (revoked) No. 342
6. In section 226I of the Criminal Procedure (Scotland) Act 1995 (enforcement of fines etc.: interpretation)—
(a)in subsection (1)—
(i)for “In” substitute “Subject to subsection (1A), in”;
(ii)for “226H” substitute “226HA”;
(iii)at the appropriate place, insert—
““central authority for Scotland” means the sheriff clerk of Lothian and Borders at Edinburgh;
“certificate” has the meaning given in section 223T(1) of this Act;
“competent authority for Scotland” is to be construed in accordance with section 223Q of this Act;
“decision” has the meaning given in section 223T(1) of this Act;”;
(iv)in the definition of “enforcement order”, for “(6)” substitute “(6A)”;
(v)after the definition of “FEO”, insert—
““financial penalty” has the meaning given in Article 1(b) of the Framework Decision on financial penalties;
“Framework Decision on financial penalties” has the meaning given in section 223T(1) of this Act;”;
(vi)in the definition of “relevant court”, at the end, insert—
“(d)in the case of a penalty in respect of which subsection (6A) applies, means the competent authority for Scotland to which the documents mentioned in that subsection have been referred in accordance with section 223H(2) of this Act.”; and
(b)after subsection (1), insert—
“(1A) Unless the context otherwise requires, in this section and in sections 226A to 226H of this Act “relevant penalty”, where a FEO is acting in a case in respect of which section 226B(6A) applies, has the same meaning as “financial penalty.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Executive Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: