C2Part II Carriers’ Liability
F3Penalties for failure to secure goods vehicle and for carrying clandestine entrants
S. 32 cross-heading substituted (28.4.2022 for specified purposes, 13.2.2023 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 2; S.I. 2023/33, reg. 2(1)(b) (with reg. 4)
I1C1I235 Procedure.
1
If the Secretary of State decides that a person (“P”) is liable to one or more penalties under section F431A or 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; F5and
d
include an explanation of the steps—
ii
that the Secretary of State may take under this Part to recover any unpaid penalty F6and
e
be issued before the end of such period as may be prescribed.
F113
Subsection (4) applies if more than one person is responsible for a clandestine entrant.
4
If a penalty notice is served on one of the responsible persons, the Secretary of State is to be taken to have served the required penalty notice on each of them.
5
The Secretary of State must nevertheless take reasonable steps, while the penalty remains unpaid, to secure that the penalty notice is actually served on each of those responsible persons.
6
If a person on whom a penalty notice is served, or who is treated as having had a penalty notice served on him, alleges that he is not liable for one or more, or all, of the penalties specified in the penalty notice, he may give written notice of his allegation to the Secretary of State.
7
Notice under subsection (6) (“a notice of objection”) must—
a
give reasons for the allegation; and
b
be given before the end of such period as may be prescribed.
8
If a notice of objection is given before the end of the prescribed period, the Secretary of State must consider it and determine whether or not any penalty to which it relates is payable.
F113
F1Subsection (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 F12servedF12issued in such manner as may be prescribed to have effect as a penalty notice properly F13served onF13issued to the responsible person or persons concerned under this section.
10
Any sum payable to the Secretary of State as a penalty under section F731A or 32 may be recovered by the Secretary of State as a debt due to him.
F211
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, F8or
F9ca
by electronic mail, 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)