UK Borders Act 2007

11 Penalty: appeal U.K.

(1) A person (P) who is given a penalty notice under section 9(1) may appeal to—

(a) [F1 the county court in England and Wales or a county court in ] Northern Ireland, or

(b) the sheriff, in Scotland.

(2) An appeal may be brought on the grounds—

(a) that P has not failed to comply with a requirement of regulations under section 5(1),

(b) that it is unreasonable to require P to pay a penalty, or

(c) that the amount of the penalty is excessive.

(3) The court or sheriff may—

(a) cancel the penalty notice,

(b) reduce the penalty by varying the penalty notice,

(c) increase the penalty by varying the penalty notice (whether because the court or sheriff thinks the original amount insufficient or because the court or sheriff thinks that the appeal should not have been brought), or

(d) confirm the penalty notice.

(4) An appeal may be brought—

(a) whether or not P has given a notice of objection, and

(b) irrespective of the Secretary of State's decision on any notice of objection.

(5) The court or sheriff may consider matters of which the Secretary of State was not and could not have been aware before giving the penalty notice.

(6) Rules of court may make provision about the timing of an appeal under this section.

Textual Amendments

F1 Words in s. 11(1)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 138; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C1 Ss. 5-15 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 2, Sch. 1

C2 S. 11 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 4, Sch. 3, Sch. 3A

Commencement Information

I1 S. 11 in force at 31.1.2008 for specified purposes by S.I. 2008/99, art. 2(d)

I2 S. 11 in force at 25.11.2008 in so far as not already in force by S.I. 2008/2822, art. 2(c)