Section 42: Power to detain vehicles etc in connection with charges under section 40
153.Subsection (1) provides a senior immigration officer with the power to detain as security for payment any transporter used to carry a person who is not properly documented and for whom a carriers’ liability charge is incurred. In addition, any other transporter, used on any route to carry passengers by the person liable to the charge, may also be detained. A transporter detained under this section may continue to be detained pending payment of any expenses incurred by the Secretary of State as a result of the detention. Subsection (3) gives the court power to release a detained transporter if satisfactory security is given for the payment of the charge, there is no significant risk that the charge and expenses will not be paid, or if there is significant doubt as to whether the charge will stand, and if it considers that the release of the transporter is vital to the applicant.
154.Subsection (4) states that, if the charge is not paid within the allotted timescale (84 days from the first day of detention) and the court has not ordered its release, the Secretary of State can sell the transporter. Sale of the transporter is subject to the provisions of Schedule 1.
155.Subsection (5) makes the detention of a transporter lawful even if it subsequently turns out the charge is not owed, unless (subsection (6)) the charge was imposed unreasonably.