The Enforcement of Fines (Relevant Penalty) (Scotland) Order 2020

Scottish Statutory Instruments

2020 No. 406

Criminal Law

The Enforcement of Fines (Relevant Penalty) (Scotland) Order 2020

Made

30th November 2020

Laid before the Scottish Parliament

2nd December 2020

Coming into force

10th February 2021

The Scottish Ministers make the following Order in exercise of the powers conferred by section 226I(1) of the Criminal Procedure (Scotland) Act 1995(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Enforcement of Fines (Relevant Penalty) (Scotland) Order 2020 and comes into force on 10 February 2021.

(2) In this Order, “the Act” means the Criminal Procedure (Scotland) Act 1995.

Relevant penalty

2.  A restitution order, imposed under section 253A of the Act(2), is specified by the Scottish Ministers as a relevant penalty for the purposes of section 226I of the Act.

Relevant court

3.  In relation to the relevant penalty specified in article 2, the Scottish Ministers specify the following courts as relevant courts for the purposes of section 226I of the Act—

(a) the court which imposed the penalty, or

(b) where the penalty is transferred to another court, that other court.

HUMZA YOUSAF

A member of the Scottish Government

St Andrew’s House,

Edinburgh

30th November 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies a restitution order as a relevant penalty for the purposes of section 226I of the Criminal Procedure (Scotland) Act 1995. The Order also specifies the court which imposed the restitution order or the court to which the restitution order is transferred as relevant courts for the purposes of section 226I in relation to the restitution order.

(1)

1995 c.46; section 226I was added by section 55 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).

(2)

Section 253A was inserted by section 25 of the Victims and Witnesses (Scotland) Act 2014 (asp 1).