Criminal Justice and Immigration Act 2008 (c. 4)

Part 6 U.K. International co-operation in relation to criminal justice matters

Recognition of financial penalties: requests to other member States E+W+N.I.

83 Procedure on issue of certificate: Northern Ireland N.I.

(1) This section applies where a designated officer has issued a certificate under section 82(1).

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F2 The Department of Justice must give the documents mentioned in subsection (3A)] to the central authority or competent authority of the member State in which the person required to pay the penalty appears to be normally resident or (as the case may be) to have property or income.

[F3 (3A) The documents are—

(a) the certificate;

(b) a certified copy of the decision requiring payment of the financial penalty.]

(4) Where a certified copy of the decision is given to the central authority or competent authority of a member State in accordance with subsection (3), no further steps to enforce the decision may be taken in Northern Ireland except in accordance with provision made by order by the [F4 Department of Justice] .

(5) Where the person required to pay the financial penalty is a body corporate, subsection (3) applies as if the reference to the member State in which the person appears to be normally resident were a reference to the member State in which the person appears to have its registered office.

Textual Amendments

F1 S. 83(2) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 85(a) (with arts. 28-31)

F2 Words in s. 83(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 85(b) (with arts. 28-31)

F3 S. 83(3A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 85(c) (with arts. 28-31)

F4 Words in s. 83(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 85(d) (with arts. 28-31)

Commencement Information

I1 S. 83 in force at 1.10.2009 by S.I. 2009/2606, art. 2(d)