Explanatory Notes

Localism Act 2011

2011 CHAPTER 20

15 November 2011

Commentary

Part 2: Eu Financial Sanctions

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

144.Section 48 gives discretionary power to a Minister of the Crown to require a public authority to pay all, or part, of a financial sanction imposed on the UK by the Court of Justice of the European Union. Such a sanction would be imposed for failure by the UK to remedy a breach of EU law that the Court had previously found. This requirement can only be imposed if the public authority has been designated in relation to the specific EU infraction case in question (also see section 52), and it must be imposed by way of a final notice (see section 56), which must be preceded by a warning notice (see section 54).