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The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009

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Consequential amendment: fines enforcement officers and their functions

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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..

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