C1Part II Carriers’ Liability
Clandestine entrants
35AF1 Appeal
1
A person may appeal to the court against a penalty imposed on him under section 32 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.
2
On an appeal under this section the court may—
a
allow the appeal and cancel the penalty,
b
allow the appeal and reduce the penalty, or
c
dismiss the appeal.
3
An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty and shall be determined having regard to—
a
any code of practice under section 32A which has effect at the time of the appeal,
b
the code of practice under section 33 which had effect at the time of the events to which the penalty relates, and
c
any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).
4
Subsection (3) has effect despite any provision of Civil Procedure Rules.
5
An appeal may be brought by a person under this section against a penalty whether or not—
a
he has given notice of objection under section 35(4);
b
the penalty has been increased or reduced under section 35(6).
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)