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Criminal Justice and Immigration Act 2008

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This is the original version (as it was originally enacted).

87Requests from other member States: Northern Ireland

This section has no associated Explanatory Notes

(1)This section applies where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—

(i)a certificate requesting enforcement under the Framework Decision on financial penalties, and

(ii)the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, and

(b)the financial penalty is suitable for enforcement in Northern Ireland (see section 91(1)).

(2)If the certificate states that the person required to pay the financial penalty is normally resident in Northern Ireland, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions for the petty sessions district in which it appears that the person is normally resident.

(3)Otherwise, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions for such petty sessions district as appears appropriate.

(4)Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor must also give the clerk of petty sessions a notice—

(a)stating whether the Lord Chancellor thinks that any of the grounds for refusal apply (see section 91(2)), and

(b)giving reasons for that opinion.

(5)Where the person required to pay the financial penalty is a body corporate, subsection (2) applies as if the reference to the petty sessions district in which it appears that the person is normally resident were a reference to the petty sessions district in which it appears that the person has its registered office.

(6)Where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in subsection (1)(a), and

(b)without taking any action to enforce the financial penalty in Scotland, the central authority for Scotland gives the documents to the Lord Chancellor,

this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.

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