Criminal Procedure (Scotland) Act 1995

[F1226IEnforcement of fines etc.: interpretationS

(1)[F2In] this section and sections 226A to [F3226H] of this Act—

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  • “ enforcement order ” is to be construed in accordance with section 226B(1) and (4) to [F5(6)] of this Act;

  • “ FEO ” means a fines enforcement officer;

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  • “ offender ” means the person who is liable to pay a relevant penalty;

  • “relevant court”—

    (a)

    in the case of a fine or compensation order, means—

    (i)

    the court which imposed the penalty; or

    (ii)

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

    (b)

    in the case of another relevant penalty (apart from a penalty specified by order for the purposes of this section), means—

    (i)

    the court whose clerk is specified in the notice to the offender; or

    (ii)

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

    (c)

    in the case of a penalty specified by order for the purposes of this section, means—

    (i)

    the court whose clerk is specified in the notice to the offender;

    (ii)

    where the penalty is transferred to another court, that other court; or

    (iii)

    such other court as the order may specify for those purposes.

    (d)

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  • “ relevant penalty ” means—

    (a)

    a fine;

    (b)

    a compensation order imposed under section 249 of this Act;

    (c)

    a fixed penalty offer made under section 302(1) of this Act;

    (d)

    a compensation offer made under section 302A(1) of this Act;

    (e)

    a fixed penalty notice given under section 54 (giving notices for fixed penalty offences) or section 62 (fixing notices to vehicles) of the Road Traffic Offenders Act 1988 (c. 53);

    (f)

    a fixed penalty notice given under section 129 (fixed penalty notices) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8);

    (g)

    such other penalty as the Scottish Ministers may by order specify for the purposes of this section.

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(2)An order specifying a penalty or a court for the purpose of this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Textual Amendments

F1Ss. 226A-226I and preceding cross-heading inserted (10.3.2008 for certain purposes and otherwise prosp.) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 55, 84; S.I. 2008/42, art. 3, Sch.

Modifications etc. (not altering text)

C2S. 226I applied (with modifications) (temp.) (5.8.2020 at 5.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Aberdeen City) Regulations 2020 (S.S.I. 2020/234), regs. 1(1), 8(6)(7) (with reg. 9)