The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014

Citation and commencement

1.  This Order may be cited as the Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 and comes into force on 1st December 2014.

Amendment of the Criminal Procedure (Scotland) Act 1995

2.  The Criminal Procedure (Scotland) Act 1995(1) is amended in accordance with articles 3 to 8.

3.  In section 223E(2), for “223C(2)” substitute “223C”(2).

4.  After section 223F insert—

“223FA    Requests from other member States: procedure where no certificate

(1) Subsection (2) applies where—

(a) a requesting authority has—

(i) given the central authority for Scotland a decision, or a certified copy of a decision, requiring payment of a financial penalty; and

(ii) asked that the decision be enforced in any part of the United Kingdom under the Framework Decision on financial penalties; and

(b) the central authority for Scotland has not been given anything purporting to be a certificate relating to the decision.

(2) The central authority for Scotland must immediately notify the requesting authority that the decision will not be enforced in Scotland unless a certificate relating to the decision is given to the central authority for Scotland.

(3) For the purpose of this section, a requesting authority is to be treated as having given a decision, or a certified copy of a decision, requiring payment of a financial penalty to the central authority for Scotland if—

(a) the requesting authority gave the decision, or the certified copy, to—

(i) the central authority for England and Wales; or

(ii) the central authority for Northern Ireland; and

(b) the central authority given the decision, or the certified copy, by the requesting authority—

(i) has not taken any action to enforce the financial penalty; and

(ii) has given the decision, or the certified copy, to the central authority for Scotland.

(4) In this section, “requesting authority” means the competent authority, or central authority, of a member State other than the United Kingdom.”.

5.  Section 223G is repealed.

6.  In section 223H—

(a) after subsection (3) insert—

“(3A) The competent authority for Scotland may not decide that a ground for refusal specified in subsection (3B) applies unless the authority which signed the certificate referred to in subsection (1)(a) has—

(a) been informed that the competent authority for Scotland may be minded to make that decision;

(b) been consulted; and

(c) where appropriate, been given an opportunity to supply any information that is necessary if the financial penalty is to be enforced in Scotland.

(3B) The specified grounds for refusal referred to in subsection (3A) are the grounds for refusal mentioned in paragraphs 5A and 6 of Schedule 12.”; and

(b) subsection (4) is repealed.

7.  In subsection (3) of section 223I, for the words from “act” to the end substitute “immediately return any of them which are of a type mentioned in subsection (1)(a) of section 223F to the authority which signed the certificate referred to in that subsection.”.

8.  In Schedule 12(3)—

(a) in paragraphs 4 and 5, omit the words “to which the financial penalty relates”;

(b) after paragraph 5 insert—

“5A.   The certificate—

(a) is incomplete (including by reason of not being signed, or its contents not being certified as accurate); or

(b) manifestly does not correspond to the decision.”; and

(c) in paragraph 47(1)—

(i) before paragraph (a) insert—

“(za) “certificate” means the certificate referred to in section 223F(1)(a)(i);”;

(ii) after paragraph (a) insert—

“(aa) “decision” means the decision to which the certificate relates;”.

KENNY MACASKILL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

18th November 2014