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The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

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91.  After section 90 insert—

90A    Transfer of certificates by Department of Justice to Lord Chancellor and vice versa

(1) Subsection (2) applies where—

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

(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, or

(b)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 paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Department of Justice.

(2) The Department of Justice must give the documents to the Lord Chancellor if—

(a)it is a case to which paragraph 6 of Schedule 18 applies, or

(b)other than by virtue of that paragraph, the financial penalty is suitable for enforcement in England and Wales for the purposes of section 84(1).

(3) Subsection (4) 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, or

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

(4) The Lord Chancellor must give the documents to the Department of Justice if—

(a)it is a case to which paragraph 7 of Schedule 18 applies, or

(b)other than by virtue of that paragraph, the financial penalty is suitable for enforcement in Northern Ireland for the purposes of section 87(1).

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