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EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations provide for the Defence Council, or persons authorised by them, to make financial penalty enforcement orders (“FPEOs”) for the registration of financial penalties by specified civilian courts.

Regulation 3(1) specifies the circumstances in which an FPEO may be made, and regulation 3(2) specifies the persons against whom such an order may be made.

Regulation 3(3) provides that an FPEO must contain a certificate stating certain information, including the amount of the financial penalty outstanding. Under regulation 3(4) the certificate is evidence of the matters stated in it. Under regulation 3(5), where an FPEO is registered, the sum certified as outstanding is to be treated as if it were a fine imposed by the court which registered it. Regulation 3(5) also provides for certain alternative enforcement procedures under the Armed Forces Act 2006 not to be available for the recovery of the certified sum.

Regulations 4, 5 and 6 make transitional provisions.