Part II Carriers’ Liability

Penalties for failure to secure goods vehicle and for carrying clandestine entrants

F132A Level of penalty: code of practice

(1)

The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 32.

F2A1

The Secretary of State must issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 31A.

B1

The Secretary of State must have regard to the code (in addition to any other matters the Secretary of State thinks relevant)—

(a)

when imposing a penalty under section 31A, and

(b)

when considering a notice of objection under section 35(4) in relation to a penalty under section 31A.

(2)

The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—

(a)

when imposing a penalty under section 32, and

(b)

when considering a notice of objection under section 35(4) F3in relation to a penalty under section 32 .

(3)

Before issuing F4the code F4a code under this section the Secretary of State shall lay a draft before Parliament.

(4)

After laying F5the draft code F5a draft code before Parliament the Secretary of State may bring the code into operation by order.

(5)

The Secretary of State may from time to time revise the whole or any part of F6the code F6a code under this section and issue the code as revised.

(6)

Subsections (3) and (4) also apply to a revision or proposed revision of F7the code F7a code.