2020 No. 406

Criminal Law

The Enforcement of Fines (Relevant Penalty) (Scotland) Order 2020

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 226I(1) of the Criminal Procedure (Scotland) Act 19951 and all other powers enabling them to do so.

Citation, commencement and interpretation1

1

This Order may be cited as the Enforcement of Fines (Relevant Penalty) (Scotland) Order 2020 and comes into force on 10 February 2021.

2

In this Order, “the Act” means the Criminal Procedure (Scotland) Act 1995.

Relevant penalty2

A restitution order, imposed under section 253A of the Act2, is specified by the Scottish Ministers as a relevant penalty for the purposes of section 226I of the Act.

Relevant court3

In relation to the relevant penalty specified in article 2, the Scottish Ministers specify the following courts as relevant courts for the purposes of section 226I of the Act—

a

the court which imposed the penalty, or

b

where the penalty is transferred to another court, that other court.

HUMZA YOUSAFA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies a restitution order as a relevant penalty for the purposes of section 226I of the Criminal Procedure (Scotland) Act 1995. The Order also specifies the court which imposed the restitution order or the court to which the restitution order is transferred as relevant courts for the purposes of section 226I in relation to the restitution order.