Paragraph 8 Enforcement of penalty decisionI1

United Kingdom

(1)

This paragraph applies where a sum is payable to the enforcement authority as a penalty under these Regulations.

(2)

In England and Wales the penalty is recoverable as if it were payable under an order of the county court in England and Wales.

(3)

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.

(4)

In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.

(5)

Where action is taken under this paragraph for the recovery of a sum payable as a penalty under these Regulations, the penalty is—

(a)

in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 M1 (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 M2 (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.

Annotations

Marginal citations

M1: 2003 c.39; section 98 has been amended by sections 48(1) and 106(2) of, and paragraph 55(1), (2), (3)(a) and (b) of Schedule 8 and paragraph 15 of Schedule 16 to, the Tribunals, Courts and Enforcement Act 2007 (c.15) and section 17(5) of, and paragraph 40(a) and (c) of Part 2 of Schedule 9 to, the Crime and Courts Act 2013 (c.22). Further amendments made by the Tribunals, Courts and Enforcement Act 2007 have yet to be brought into force.
M2: S.I. 1981/226 (N.I. 6).

Commencement

I1: Sch. 4 para. 8 in force at 1.9.2020, see reg. 1(b)