Applications of sections 73, 76 and 77 to section 75 notices
Application of sections 73, 76 and 77 to section 75 notices5
1
Subject to paragraph (2), this regulation applies if a claim is determined against a person on whom a section 75 notice has been served and that person appeals against the determination.
2
With the exception of the modification to section 77(5), this regulation does not apply if the claim is determined before the expiry of the period prescribed in regulation 4(4).
3
Section 73 applies to the appeal subject to the following modification.
4
In subsections (2)(a)(i) and (4) of section 73, the references to “ section 74” are to be read as references to “section 75”.
5
Section 76 applies to the appeal subject to the following modifications—
a
in subsection (1)—
i
the reference to “section 74(4)” is to be read as a reference to “ section 75(2)”; and
ii
the reference to “the Secretary of State” is to be read as a reference to “the person who is responsible for the determination of the claim”;
b
in subsection (5)—
i
the reference to “section 74(6)(b)” is to be read as a reference to “section 75(3)(b)”; and
ii
the reference to “the Secretary of State” is to be read as a reference to “the Secretary of State or an immigration officer”.
6
Section 77 applies to the appeal subject to the following modifications—
a
in subsection (2)(b), the reference to “any provision of section 76 ” is to be read as a reference to “any provision of section 76 as applied and modified by regulations made under section 75(6)”;
b
in subsection (5)—
i
the reference to “the Secretary of State” is to be read as a reference to “the person who is responsible for the determination of the claim”; and
ii
the reference to “section 74(4)” is to be read as a reference to “ section 75(2)”.