(1)The Secretary of State shall issue a code of practice setting out the matters to be considered in determining—
(a)whether to give a penalty notice under section 9(1), and
(b)the amount of a penalty.
(2)The code may, in particular, require the Secretary of State to consider any decision taken by virtue of section 7.
(3)A court or the sheriff shall, when considering an appeal under section 11, have regard to the code.
(4)The Secretary of State may revise and re-issue the code.
(5)Before issuing or re-issuing the code the Secretary of State must—
(a)publish proposals,
(b)consult members of the public, and
(c)lay a draft before Parliament.
(6)The code (or re-issued code) shall come into force at the prescribed time.
Modifications etc. (not altering text)
C1Ss. 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
C2S. 13 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
I1S. 13 in force at 31.1.2008 for specified purposes by S.I. 2008/99, art. 2(e)
I2S. 13 in force at 25.11.2008 in so far as not already in force by S.I. 2008/2822, art. 2(e)