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Act of Adjournal (Consolidation Amendment No.2) (Forms of Warrant for Execution and Charge for Payment of Fine or Other Financial Penalty) 1989

S.I. 1989/1020 · Made 15 June 1989

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HIGH COURT OF JUSTICIARY, SCOTLAND

SUMMARY JURISDICTION, SCOTLAND

Made 15th June 1989

Coming into force 10th July 1989

The Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by sections 282 and 457 of the Criminal Procedure (Scotland) Act 1975(f1) and of all other powers enabling them in that behalf, do hereby enact and declare:

Annotations to the whole text

Footnotes

f1

1975 c. 21; section 282 was amended by paragraph 47, and section 457 was amended by paragraph 72, of Schedule 7 to the Criminal Justice (Scotland) Act 1980 (c. 62).

Contents

  1. 1Citation and commencement
  2. 2Amendment of Act of Adjournal (Consolidation) 1988
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation and commencement

(1)

This Act of Adjournal may be cited as the Act of Adjournal (Consolidation Amendment No.2) (Forms of Warrant for Execution and Charge for Payment of Fine or Other Financial Penalty) 1989 and shall come into force on 10th July 1989.

(2)

This Act of Adjournal shall be inserted in the Books of Adjournal.

2Amendment of Act of Adjournal (Consolidation) 1988

(1)

The Act of Adjournal (Consolidation) 1988(f1)shall be amended in accordance with the following sub-paragraphs.

(2)

After rule 83, insert the following rule:—

“Forms of warrant for execution and charge for payment of fine or other financial penalty

83A
(1)

In every extract of a sentence of a fine or other financial penalty, there shall be included a warrant for execution in the following terms:—

  • “and the Lords [or sheriff] grant(s) warrant for all lawful execution hereon.”.

(2)

The form of charge for payment of a fine or other financial penalty to be used by a sheriff officer under section 90 of the Debtors (Scotland) Act 1987(f2) shall be in Form 36A of Schedule 1.”.

(3)

After rule 126, insert the following rule:—

“Forms of warrant for execution and charge for payment of fine or other financial penalty

126A
(1)

In every extract of a sentence of a fine or other financial penalty, there shall be included a warrant for execution in the following terms:—

  • “and the sheriff [or justice(s)] grant(s) warrant for all lawful execution hereon.”.

(2)

The form of charge for payment of a fine or other financial penalty to be used by a sheriff officer under section 90 of the Debtors (Scotland) Act 1987 shall be in Form 36A of Schedule 1.”.

(4)

In Schedule 1, after Form 36, insert Form 36A in the Schedule to this Act of Adjournal.

Signature

Emslie

Lord Justice General, IPD

Edinburgh

15th June 1989

FORM 36A

form of charge for payment of a fine or other financial penalty

Rules 83A and 126A

Explanatory note

(This note is not part of the Act of Adjournal)

This Act of Adjournal makes provision for the forms of warrant for execution of a sentence of a fine or other financial penalty, and the form of a charge for the payment of a fine or other financial penalty to be used by a sheriff officer under section 90 of the Debtors (Scotland) Act 1987.