C2Part II Carriers’ Liability
Clandestine entrants
I1C136 Power to detain vehicles etc. in connection with penalties under section 32.
1
If a penalty notice has been F1issued under section 35, a senior officer may detain any relevant—
a
vehicle,
b
small ship, F2. . .
c
small aircraft,F3 or
d
rail freight wagon,
until all penalties to which the notice relates, and any expenses reasonably incurred by the Secretary of State in connection with the detention, have been paid.
2
That power—
a
may be exercised only if, in the opinion of the senior officer concerned, there is a significant risk that the penalty (or one or more of the penalties) will not be paid before the end of the prescribed period if the transporter is not detained; and
b
may not be exercised if alternative security which the Secretary of State considers is satisfactory, has been given.
F42A
A vehicle may be detained under subsection (1) only if—
a
the driver of the vehicle is an employee of its owner or hirer,
b
the driver of the vehicle is its owner or hirer, or
c
a penalty notice is issued to the owner or hirer of the vehicle.
2B
A senior officer may detain a relevant vehicle, small ship, small aircraft or rail freight wagon pending—
a
a decision whether to issue a penalty notice,
b
the issue of a penalty notice, or
c
a decision whether to detain under subsection (1).
2C
That power may not be exercised in any case—
a
for longer than is necessary in the circumstances of the case, or
b
after the expiry of the period of 24 hours beginning with the conclusion of the first search of the vehicle, ship, aircraft or wagon by an immigration officer after it arrived in the United Kingdom.
3
If a transporter is detained under this section, the owner, consignor or any other person who has an interest in any freight or other thing carried in or on the transporter may remove it, or arrange for it to be removed, at such time and in such way as is reasonable.
4
The detention of a transporter under this section is lawful even though it is subsequently established that the penalty notice on which the detention was based was ill-founded in respect of all or any of the penalties to which it related.
5
But subsection (4) does not apply if the Secretary of State was acting unreasonably in issuing the penalty notice.
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)