C1Part II Carriers’ Liability
F2Penalties for failure to secure goods vehicle and for carrying clandestine entrants
S. 32 cross-heading substituted (28.4.2022 for specified purposes, 13.2.2023 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 2; S.I. 2023/33, reg. 2(1)(b) (with reg. 4)
32AF1 Level of penalty: code of practice
1
The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 32.
F3A1
The Secretary of State must issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 31A.
B1
The Secretary of State must have regard to the code (in addition to any other matters the Secretary of State thinks relevant)—
a
when imposing a penalty under section 31A, and
b
when considering a notice of objection under section 35(4) in relation to a penalty under section 31A.
2
The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—
a
when imposing a penalty under section 32, and
b
when considering a notice of objection under section 35(4) F4in relation to a penalty under section 32 .
Pt. 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)