Modifications etc. (not altering text)
C1Pt. 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)
Valid from 14/11/2002
(1)If the Secretary of State decides to charge a person under section 40, the Secretary of State must notify the person of his decision.
(2)A notice under subsection (1)(a “charge notice”) must—
(a)state the Secretary of State’s reasons for deciding to charge the person,
(b)state the amount of the charge,
(c)specify the date before which, and the manner in which, the charge must be paid,
(d)include an explanation of the steps that the person may take if he objects to the charge, and
(e)include an explanation of the steps that the Secretary of State may take under this Part to recover any unpaid charge.
(3)Where a person on whom a charge notice is served objects to the imposition of the charge on him, he may give a notice of objection to the Secretary of State.
(4)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.
(5)Where the Secretary of State receives a notice of objection to a charge in accordance with this section, he shall—
(a)consider it, and
(b)determine whether or not to cancel the charge.
(6)Where the Secretary of State considers a notice of objection, he shall inform the objector of his decision before the end of—
(a)such period as may be prescribed, or
(b)such longer period as he may agree with the objector.
(7)Any sum payable to the Secretary of State as a charge under section 40 may be recovered by the Secretary of State as a debt due to him.
(8)In proceedings for enforcement of a charge under subsection (7) no question may be raised as to the validity of the charge.
(9)Subsections (12) and (13) of section 35 shall have effect for the purpose of this section as they have effect for the purpose of section 35(1), (7) and (10).]
Textual Amendments
F1Ss. 40-40B substituted (14.11.2002 for certain purposes and otherwise 8.12.2002) for s. 40 by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 125, Sch. 8 para. 13 (with s. 159); S.I. 2002/2811, art. 2, Sch.
Modifications etc. (not altering text)
C2Ss. 40-43: power to apply (with modifications) or amend conferred (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 124(6)(7), 162(1) (with s. 159)