The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 2) Order 2014

Made: 1st December 2014

Laid before the Scottish Parliament: 1st December 2014

Coming into force: 1st December 2014

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Citation and commencement

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Amendment of the Criminal Procedure (Scotland) Act 1995

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Signed

MICHAEL MATHESON — A member of the Scottish Government — 1st December 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision for the implementation in Scotland of amendments to the Council Framework Decision 2005/214/JHA of 24th February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76, 22.03.2005, p.16). The amendments were effected by Council Framework Decision 2009/299/JHA of 26th February 2009 (OJ L 81, 27.03.2009, p.24).

Council Framework Decision 2009/299/JHA amends the grounds on which recognition of a decision imposing a financial penalty may be refused because the decision was not the result of a trial at which the person subject to the penalty appeared in person.

Article 5 makes corresponding amendments to the grounds for non-recognition specified in Schedule 12 to the Criminal Procedure (Scotland) Act 1995.

Footnotes

[^f00001]: 1972 c.68; Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^f00002]: 1995 c.46.

[^f00003]: Section 223H was inserted by the Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342). Subsection (3B) was inserted into section 223H by the Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 (S.S.I 2014/322).

[^f00004]: Section 223T was inserted by the Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342).

[^f00005]: OJ L 81, 27.03.2009, p.24.

[^f00006]: Schedule 12 was inserted by the Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342).

Editorial notes

[^key-c8fb1fd14bae540b1a5e5562c2386125]: Order revoked (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 5(d)