{
  "url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-252",
  "json_url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-252.json",
  "legislation": "ukpga/1995/46",
  "legislation_title": "Criminal Procedure (Scotland) Act 1995",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995",
  "path": "section/252",
  "kind": "section",
  "number": "252",
  "heading": "Enforcement of compensation orders: application of provisions relating to fines.",
  "text": "(1) The provisions of this Act specified in subsection (2) below shall, subject to any necessary modifications and to the qualifications mentioned in that subsection, apply in relation to compensation orders as they apply in relation to fines; and section 91 of the Magistrates’ Courts Act 1980 and article 96 of the Magistrates’ Courts (Northern Ireland) Order 1981 shall be construed accordingly.\n(2) The provisions mentioned in subsection (1) above are—\nsection 211(3), (4) and (7) to (9) (enforcement of fines);\nsection 212 (fines in summary proceedings);\nsection 213 (power to remit fines), with the omission of the words “or (4)” in subsection (2) of that section;\nsection 214 (time for payment) with the omission of—\n(a) the words from “unless” to “its decision” in subsection (4); and\n(b) subsection (5);\nsection 215 (further time for payment);\nsection 216 (reasons for default);\nsection 217 (supervision pending payment of fine);\nsection 218 (supplementary provisions), except that subsection (1) of that section shall not apply in relation to compensation orders made in solemn proceedings;\nsubject to subsection (3) below, section 219(1)(b), (2), (3), (5), (6) and (8) (maximum period of imprisonment for non-payment of fine);\nsection 220 (payment of fine in part by prisoner);\nsection 221 (recovery by civil diligence);\nsection 222 (transfer of fine orders);\nsection 223 (action of clerk of court on transfer of fine order); and\nsection 224 (discharge from imprisonment to be specified) ; and.\nsection 248B (driving disqualification for fine defaulters) so far as it relates to the power conferred by section 219(1)(b).\n(3) In the application of the provisions of section 219 of this Act mentioned in subsection (2) above for the purposes of subsection (1) above—\n(a) a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a compensation order but not vice versa; and\n(b) where a court imposes imprisonment both in respect of a fine and of a compensation order the amounts in respect of which imprisonment is imposed shall, for the purposes of subsection (2) of the said section 219, be aggregated.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 252(2): by 1997 c. 48, ss. 15(2)(a), 62(2), Sch. 3; S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7) it is provided (1.1.1998) that the word “and” in the third place where it occurs is repealed"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Entry in s. 252(2) and preceding word “; and” inserted (1.1.1998) by 1997 c. 48, s. 15(2)(b); S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1980 c.43."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1981/1675 (N.I. 26.)"
    },
    {
      "type": "E",
      "label": "E1",
      "text": "S. 252 extends to UK for certain construction purposes, see. s. 252(1)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1995/46/section/252",
    "retrieved_at": "2026-11-05T03:43:46.035735+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}