PART 3REMEDIES
C1CHAPTER 6APPLICATIONS TO THE COURT
Financial penalties95
1
Subject to paragraph (2), where a financial penalty is ordered to be paid under this Part—
a
the order must state that the financial penalty must be paid to the Scottish Ministers; and
b
the clerk of the court must send an extract of the decree (without charge) to the Scottish Ministers.
2
Paragraph (1) does not apply to any financial penalty ordered to be paid by the Scottish Ministers or an office in the Scottish Administration which is not a ministerial office.
3
The Scottish Ministers must pay into the Scottish Consolidated Fund any financial penalty—
a
ordered to be paid by them under this Part; and
b
recovered by them under paragraph (1).
4
An office in the Scottish Administration which is not a ministerial office must pay any financial penalty ordered to be paid by them under this Part into the Scottish Consolidated Fund.
5
In this regulation, “an office in the Scottish Administration which is not a ministerial office” is construed in accordance with section 126(8) of the Scotland Act 1998 M1.
Pt. 3 Ch. 6 modified by SSI 2010/390 reg. 6 (as amended) (18.4.2016) by The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), reg. 1(2), sch. 6 para. 5(3) (with regs. 3-18, 99-101)