C2Part II Carriers’ Liability
Clandestine entrants
I1C135 Procedure.
1
If the Secretary of State decides that a person (“P”) is liable to one or more penalties under section 32, he must notify P of his decision.
2
A notice under subsection (1) (a “penalty notice”) must—
a
state the Secretary of State’s reasons for deciding that P is liable to the penalty (or penalties);
b
state the amount of the penalty (or penalties) to which P is liable;
c
specify the date before which, and the manner in which, the penalty (or penalties) must be paid; and
d
include an explanation of the steps—
i
that P F1may take if he objects to the penalty;
ii
that the Secretary of State may take under this Part to recover any unpaid penalty.
F23
Subsection (4) applies where a person to whom a penalty notice is issued objects on the ground that—
a
he is not liable to the imposition of a penalty, or
b
the amount of the penalty is too high.
4
The person may give a notice of objection to the Secretary of State.
5
A notice of objection must—
a
be in writing,
b
give the objector’s reasons, and
c
be given before the end of such period as may be prescribed.
6
Where the Secretary of State receives a notice of objection to a penalty in accordance with this section he shall consider it and—
a
cancel the penalty,
b
reduce the penalty,
c
increase the penalty, or
d
determine to take no action under paragraphs (a) to (c).
7
Where the Secretary of State considers a notice of objection under subsection (6) he shall—
a
inform the objector of his decision before the end of such period as may be prescribed or such longer period as he may agree with the objector,
b
if he increases the penalty, issue a new penalty notice under subsection (1), and
c
if he reduces the penalty, notify the objector of the reduced amount.
9
10
Any sum payable to the Secretary of State as a penalty under section 32 may be recovered by the Secretary of State as a debt due to him.
F511
In proceedings for enforcement of a penalty under subsection (10) no question may be raised as to—
a
liability to the imposition of the penalty, or
b
its amount.
12
A document which is to be issued to or served on a person outside the United Kingdom for the purpose of subsection (1) or (7) or in the course of proceedings under subsection (10) may be issued or served—
a
in person,
b
by post,
c
by facsimile transmission, or
d
in another prescribed manner.
13
The Secretary of State may by regulations provide that a document issued or served in a manner listed in subsection (12) 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.
Pt. II (ss. 32-43) modified (7.2.2001 for certain purposes and otherwise 1.3.2001) by S.I. 2001/280, arts. 1, 2 (with art. 5)