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Immigration Act 1971, Paragraph 27BB is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F127BB(1)The Secretary of State may make regulations imposing penalties for failure to comply with—U.K.
(a)an order under paragraph 27(2) (order requiring passenger list or particulars of member of crew),
(b)any request or requirement under paragraph 27B (passenger and service information), or
(c)regulations under paragraph 27BA (passenger, crew and service information).
(2)Regulations under sub-paragraph (1) may in particular make provision—
(a)about how a penalty is to be calculated;
(b)about the procedure for imposing a penalty;
(c)about the enforcement of penalties;
(d)allowing for an appeal against a decision to impose a penalty;
and the regulations may make different provision for different purposes.
(3)Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.
(4)The regulations must provide that no penalty may be imposed on a person for failure to comply with an order under paragraph 27(2), a request or requirement under paragraph 27B or regulations under paragraph 27BA where—
(a)proceedings have been instituted against the person under section 27 in respect of the same failure; or
(b)the failure consists of a failure to provide information that the person has also been required to provide under section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 and—
(i)a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 32B of that Act, or
(ii)proceedings have been instituted against the person under section 34 of that Act in respect of a failure to provide that information; or
(c)the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 24 of that Act.
(5)Any penalty paid by virtue of this paragraph must be paid into the Consolidated Fund.
(6)The power to make regulations under this paragraph is exercisable by statutory instrument; but no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.]
Textual Amendments
F1Sch. 2 paras. 27BA, 27BB inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(4)
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