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Localism Act 2011

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Change 1

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As published

48 Power to require public authorities to make payments in respect of certain EU financial sanctions

(1) A Minister of the Crown may, in accordance with the provisions of this Part, require public authorities to make payments of amounts determined by a Minister of the Crown in respect of an EU financial sanction to which this Part applies. (2) A requirement to make a payment under this Part— (a) may only be imposed on a public authority if— (i) the authority has been designated under section 52; and (ii) the EU financial sanction concerned is one to which the designation applies; and (b) must be imposed by a notice given to the authority under section 56 (referred to in this Part as a final notice). (3) If a final notice is registered in accordance with rules of court or any practice direction, it is enforceable in the same manner as an order of the High Court. (4) Any sums paid by a public authority under this Part are to be paid into the Consolidated Fund. (5) In this Part— (a) “EU financial sanction” means a sanction consisting of a lump sum or penalty payment (or both) imposed by the Court of Justice in Article 260(2) proceedings for an infraction of EU law; (b) “infraction of EU law”, in relation to an EU financial sanction, means the failure to comply with a judgment of the Court of Justice given in proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union; and (c) “Article 260(2) proceedings” means proceedings under Article 260(2) of that Treaty.

Your change, as a redline

48 Power to require public authorities to make payments in respect of certain EU financial sanctions

(1) A Minister of the Crown may, in accordance with the provisions of this Part, require public authorities to make payments of amounts determined by a Minister of the Crown in respect of an EU financial sanction to which this Part applies. (2) A requirement to make a payment under this Part— (a) may only be imposed on a public authority if— (i) the authority has been designated under section 52; and (ii) the EU financial sanction concerned is one to which the designation applies; and (b) must be imposed by a notice given to the authority under section 56 (referred to in this Part as a final notice). (3) If a final notice is registered in accordance with rules of court or any practice direction, it is enforceable in the same manner as an order of the High Court. (4) Any sums paid by a public authority under this Part are to be paid into the Consolidated Fund. (5) In this Part— (a) “EU financial sanction” means a sanction consisting of a lump sum or penalty payment (or both) imposed by the Court of Justice in Article 260(2) proceedings for an infraction of EU law; (b) “infraction of EU law”, in relation to an EU financial sanction, means the failure to comply with a judgment of the Court of Justice given in proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union; and (c) “Article 260(2) proceedings” means proceedings under Article 260(2) of that Treaty.

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