PART 3REMEDIES

C1CHAPTER 6APPLICATIONS TO THE COURT

Annotations:
Modifications etc. (not altering text)

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.