PART 3

Access to services etc
CHAPTER 2

Other services etc

Work

Recovery of sums payable under penalty notices
45
In section 18 of the Immigration, Asylum and Nationality Act 2006 (enforcement), for subsections (1) and (2) substitute—
1
This section applies where a sum is payable to the Secretary of State as a penalty under section 15.
1A
In England and Wales the penalty is recoverable as if it were payable under an order of the county court.
1B
In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
1C
In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.
1D
Where action is taken under this section for the recovery of a sum payable as a penalty under section 15, the penalty is—
a
in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;
b
in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
S. 45 in force at 28.7.2014 by S.I. 2014/1820, art. 3(q) (with art. 6)