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Enforcement of penalty decision

8.—(1) This regulation applies where a sum is payable to the Secretary of State as a penalty under these Regulations.

(2) In England and Wales the penalty is recoverable as if it were payable under an order of the county court in England and Wales.

(3) In Scotland the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.

(5) Where action is taken under this regulation for the recovery of a sum payable as a penalty under these Regulations, the penalty is—

(a)in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003(1) (register of judgments and orders etc) as if it were a judgment entered in the county court;

(b)in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981(2) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

(1)

2003 c.39; section 98 has been amended by the Tribunals, Courts and Enforcement Act 2007 (c.15), section 106(2), Schedule 16, paragraph 15, section 48(1), Schedule 8, paragraph 55(1), (2), (3)(a) and (b) and the Crime and Courts Act 2013 (c.22), section 17(5), Schedule 9, Part 2, paragraph 40(a) and (c). Further amendments made by the Tribunals, Courts and Enforcement Act 2007 have yet to be brought into force.