C2Part II Carriers’ Liability

Annotations:
Modifications etc. (not altering text)
C2

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)

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

The Secretary of State may by regulations provide, in relation to detached trailers, for a penalty notice which is F3issued in such manner as may be prescribed to have effect as a penalty notice properly F4issued to the responsible person or persons concerned under this section.

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.