The Enforcement of Fines (Relevant Penalty) (Scotland) Order 2019

Made: 10th September 2019

Laid before the Scottish Parliament: 12th September 2019

Coming into force: 25th November 2019

The Scottish Ministers make the following Order in exercise of the powers conferred by section 226I(1) of the Criminal Procedure (Scotland) Act 1995[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Enforcement of Fines (Relevant Penalty) (Scotland) Order 2019 and comes into force on 25 November 2019.

• (2) In this Order, “the Act” means the Criminal Procedure (Scotland) Act 1995.

Relevant penalty

2

The victim surcharge, imposed under section 253F of the Act[^f00002], is specified by the Scottish Ministers as a relevant penalty for the purposes of section 226I of the Act.

Relevant court

3

In relation to the relevant penalty specified in article 2, the Scottish Ministers specify the following courts as relevant courts for the purposes of section 226I of the Act—

• (a) the court which imposed the penalty, or

• (b) where the penalty is transferred to another court, that other court.

Signed

HUMZA YOUSAF — A member of the Scottish Government — 10th September 2019

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order specifies the victim surcharge as a relevant penalty for the purposes of section 226I of the Criminal Procedure (Scotland) Act 1995. The Order also specifies the court which imposed the victim surcharge or the court to which the victim surcharge is transferred as relevant courts for the purposes of section 226I in relation to the victim surcharge.

Footnotes

[^f00001]: 1995 c.46. Section 226I was inserted by section 55 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6). There are amendments to section 226I which are not relevant to this Order.

[^f00002]: Section 253F was inserted by section 26 of the Victims and Witnesses (Scotland) Act 2014 (asp 1).