Immigration and Asylum Act 1999

36 Power to detain vehicles etc. in connection with penalties under section [F1 31A or] 32. U.K.

(1) If a penalty notice has been [F2 given] [F2 issued] under section 35, a senior officer may detain any relevant—

(a) vehicle,

(b) small ship, [F3 or]

(c) small aircraft, [F4 or

(d) rail freight wagon,]

until all penalties to which the notice relates, and any expenses reasonably incurred by the Secretary of State in connection with the detention, have been paid.

(2) That power—

(a) may be exercised only if, in the opinion of the senior officer concerned, there is a significant risk that the penalty (or one or more of the penalties) will not be paid before the end of the prescribed period if the transporter is not detained; and

(b) may not be exercised if alternative security which the Secretary of State considers is satisfactory, has been given.

[F5 (2A) A vehicle may be detained under subsection (1) only if—

(a) the driver of the vehicle [F6 is an employee of its owner or hirer] [F6 drives the vehicle pursuant to a contract (whether or not a contract of employment) with the owner or hirer of the vehicle],

(b) the driver of the vehicle is its owner or hirer, or

(c) a penalty notice is issued to the owner or hirer of the vehicle.

[F7 (2AA) In the case of a detached trailer, subsection (2A) has effect as if—

(a) a reference to the driver were a reference to the operator, and

(b) the reference to driving the vehicle were a reference to operating it.]

(2B) A senior officer may detain a relevant vehicle, small ship, small aircraft or rail freight wagon pending—

(a) a decision whether to issue a penalty notice,

(b) the issue of a penalty notice, or

(c) a decision whether to detain under subsection (1).

(2C) That power may not be exercised in any case—

(a) for longer than is necessary in the circumstances of the case, or

(b) after the expiry of the period of 24 hours beginning with the conclusion of the first search of the vehicle, ship, aircraft or wagon by an immigration officer after it arrived in the United Kingdom.]

(3) If a transporter is detained under this section, the owner, consignor or any other person who has an interest in any freight or other thing carried in or on the transporter may remove it, or arrange for it to be removed, at such time and in such way as is reasonable.

(4) The detention of a transporter under this section is lawful even though it is subsequently established that the penalty notice on which the detention was based was ill-founded in respect of all or any of the penalties to which it related.

(5) But subsection (4) does not apply if the Secretary of State was acting unreasonably in issuing the penalty notice.

[F8 (6) A document which is to be issued to or served on a person outside the United Kingdom for the purposes of this section may be issued or served—

(a) in person,

(b) by post,

(c) by facsimile transmission,

(d) by electronic mail, or

(e) in another prescribed manner.

(7) The Secretary of State may by regulations provide that a document issued or served in a manner listed in subsection (6) in accordance with the regulations is to be taken to have been received at a time specified by or determined in accordance with the regulations.]

Textual Amendments

F1 Words in s. 36 heading inserted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 10(2); S.I. 2023/33, reg. 2(1)(c)(iv)(2) (with reg. 4)

F2 Word in s. 36(1) substituted (8.12.2002 for specified purposes, 11.5.2012 for specified purposes, 13.2.2023 for specified purposes) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 8 para. 9(2)(a) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 4); S.I. 2012/1263, art. 2; S.I. 2023/32, art. 2(1)(b)(2)

F3 Word in s. 36(1)(b) repealed (8.12.2002 for specified purposes, 11.5.2012 for specified purposes, 13.2.2023 for specified purposes) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 8 para. 9(2)(b), Sch. 9 (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 4); S.I. 2012/1263, art. 2; S.I. 2023/32, art. 2(1)(b)(2)

F4 S. 36(1)(d) and word inserted (8.12.2002 for specified purposes, 11.5.2012 for specified purposes, 13.2.2023 for specified purposes) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 8 para. 9(2)(c) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 4); S.I. 2012/1263, art. 2; S.I. 2023/32, art. 2(1)(b)(2)

F5 S. 36(2A)-(2C) inserted (8.12.2002 for specified purposes, 11.5.2012 for specified purposes, 13.2.2023 for specified purposes) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 8 para. 9(3) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 4); S.I. 2012/1263, art. 2; S.I. 2023/32, art. 2(1)(b)(2)

F6 Words in s. 36(2A)(a) substituted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 10(3); S.I. 2023/33, reg. 2(1)(c)(iv)(2) (with reg. 4)

F7 S. 36(2AA) inserted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 10(4); S.I. 2023/33, reg. 2(1)(c)(iv)(2) (with reg. 4)

F8 S. 36(6)(7) inserted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 10(5); S.I. 2023/33, reg. 2(1)(c)(iv)(2) (with reg. 4)

Modifications etc. (not altering text)

C1 S. 36 applied (with modifications) (7.2.2001 for certain purposes and otherwise 1.3.2001) by S.I. 2001/280, arts. 1-4 (with art. 5))

Commencement Information

I1 S. 36 partly in force; s. 36 not in force at Royal Assent, see s. 170(4); s. 36(2)(a) in force for certain purposes at 6.12.1999 by S.I. 1999/3190, art. 2, Sch.; s. 36 in force for certain purposes at: 3.4.2000 by S.I. 2000/464, art. 2, Sch.; 18.9.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2); 8.12.2002 by S.I. 2002/2815, art. 2, Sch.

I2 S. 36 in force at 13.2.2023 for specified purposes by S.I. 2023/34, art. 2