Section 64 Review of compensation order.C1
Scotland
Without prejudice to the power contained in section 395A of the 1975 Act, (as applied by section 66 of this Act), at any time before a compensation order has been complied with or fully complied with—
in a case where, as respects the compensation order, a transfer of fine order under section 403 of the 1975 Act (as applied by the said section 66) is effective and the court by which the compensation order is enforceable is in terms of the transfer of fine order a court of summary jurisdiction in Scotland, that court; or
in any other case, the court which made the compensation order or (where that court was the High Court) by which the order was first enforceable,
may, on the application of the person against whom the compensation order was made, discharge the compensation order, or reduce the amount that remains to be paid, if it appears to the court either that the injury, loss or damage in respect of which the compensation order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the compensation order or that property the loss of which is reflected in the compensation order has been recovered.
Annotations
Modifications
- C1
S. 64 (except paragraph (a)) extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 183(5B), 384(5B) (as inserted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 65(1)(2)(a)(b))
Notes on Part IV
Textual amendments
- F1
Part IV (ss. 58-67) repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)