PART 2

EU financial sanctions

Power to require public authorities to make payments in respect of certain EU financial sanctions
48
1
A Minister of the Crown may, in accordance with the provisions of this Part, require public authorities to make payments of amounts determined by a Minister of the Crown in respect of an EU financial sanction to which this Part applies.
2
A requirement to make a payment under this Part—
a
may only be imposed on a public authority if—
i
the authority has been designated under section 52; and
ii
the EU financial sanction concerned is one to which the designation applies; and
b
must be imposed by a notice given to the authority under section 56 (referred to in this Part as a final notice).
3
If a final notice is registered in accordance with rules of court or any practice direction, it is enforceable in the same manner as an order of the High Court.
4
Any sums paid by a public authority under this Part are to be paid into the Consolidated Fund.
5
In this Part—
a
“EU financial sanction” means a sanction consisting of a lump sum or penalty payment (or both) imposed by the Court of Justice in Article 260(2) proceedings for an infraction of EU law;
b
“infraction of EU law”, in relation to an EU financial sanction, means the failure to comply with a judgment of the Court of Justice given in proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union; and
c
“Article 260(2) proceedings” means proceedings under Article 260(2) of that Treaty.