Penalty for failure to comply with paragraph 27 or 27B of Schedule 2 to IA 1971I13
1
Paragraph (2) applies to a person who is required by an order under paragraph 27(2) of Schedule 2 to IA 19713 to supply information about passengers or crew on board a ship or aircraft.
2
The Secretary of State may require the person to pay a penalty if satisfied that the person has failed to comply with any of the following requirements of the order—
a
a requirement to supply the information by a specified time or within a specified period;
b
a requirement to supply the information in a specified form and manner;
c
a requirement to be able to receive, in a specified form and manner, communications from the Secretary of State or an immigration officer relating to the information.
3
In paragraph (2) “specified” means specified in the order.
4
Paragraph (5) applies to a person—
a
who is required under paragraph 27B(2) of Schedule 2 to IA 19714 to provide passenger information or service information to an immigration officer, or
b
who is required under paragraph 27B(8A) of that Schedule5 to be able to receive communications from an immigration officer in a form and manner directed by the Secretary of State.
5
The Secretary of State may require the person to pay a penalty if satisfied that—
a
the person has failed to provide the information by the time stated in the request under paragraph 27B(2),
b
the person has failed to provide the information in the form and manner directed by the Secretary of State under paragraph 27B(8)(a), or
c
the person has failed to comply with a requirement under paragraph 27B(8A) to be able to receive communications from the immigration officer.
6
But the Secretary of State may not require a person to pay a penalty under this regulation if—
a
the person shows that there was a reasonable excuse for the failure, or
b
paragraph (7) applies.
7
This paragraph applies where—
a
proceedings have been instituted against the person, under section 27 of IA 1971 or (in the case of a failure consisting of the provision of false information) under section 5 of the Perjury Act 19116, in respect of the same failure;
b
the failure consists of a failure to comply with a requirement that the person is also obliged to comply with by virtue of section 32 of IANA 2006 and—
i
a penalty has been imposed on the person under regulation 4 in respect of the same failure, or
ii
proceedings have been instituted against the person under section 34 of IANA 2006 in respect of the same failure; or
c
the failure consists of a failure to comply with a requirement that the person is also obliged to comply with by virtue of an authority-to-carry scheme, and a penalty has been imposed on that person, under regulations made under section 24 of CTSA 2015, in respect of the same failure.
8
A penalty imposed under this regulation may not exceed £10,000.
9
The penalty is payable to the Secretary of State on demand.