SCHEDULES

F1SCHEDULE 11FINANCIAL PENALTIES SUITABLE FOR ENFORCEMENT IN SCOTLAND

Annotations:
Amendments (Textual)
F1

Sch. 11 inserted (12.10.2009) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342), art. 8 (with art. 2)

Person having property etc. in Scotland and England and Wales and Northern Ireland

5

1

This paragraph applies if—

a

the certificate states that the person required to pay the financial penalty has property or a source of income in Scotland,

b

the certificate also states that the person has property or a source of income in England and Wales, and Northern Ireland, and

c

the certificate does not state that the person is normally resident in the United Kingdom.

2

The financial penalty is suitable for enforcement in Scotland unless the penalty is suitable for enforcement in England and Wales, or in Northern Ireland by virtue of sub?paragraph (3).

3

The financial penalty is suitable for enforcement in England and Wales, or in Northern Ireland for the purposes of sub-paragraph (2) if—

a

the central authority was given the certificate by the central authority or, as the case may be, the competent authority of another member State (and not by the authority designated as the central authority for England and Wales, or the central authority for Northern Ireland), and

b

the central authority thinks that it is more appropriate for the financial penalty to be enforced in England and Wales, or in Northern Ireland, than in Scotland.