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

Recognition of financial penalties: requests from other member States

I190Transfer of certificates to central authority for Scotland

1

This section applies where—

a

the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor F1or the Department of Justice —

i

a certificate requesting enforcement under the Framework Decision on financial penalties, and

ii

the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, but

F2b

the financial penalty is not suitable for enforcement in England and Wales or Northern Ireland for the purposes of section 84(1) or 87(1).

2

If the certificate states that the person is normally resident or has property or a source of income in Scotland, the F3documents must be given to the central authority for Scotland—

a

in a case to which paragraph 6 of Schedule 18 applies, by the Lord Chancellor;

b

in a case to which paragraph 7 of Schedule 18 applies, by the Department of Justice;

c

in any other case, by whoever was given the documents by the competent authority or central authority of the other member State