C1Part II Carriers’ Liability

Annotations:
Modifications etc. (not altering text)
C1

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)

F2Penalties for failure to secure goods vehicle and for carrying clandestine entrants

Annotations:
Amendments (Textual)
F2

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 .

3

Before issuing F5the codeF5a code under this section the Secretary of State shall lay a draft before Parliament.

4

After laying F6the draft codeF6a draft code before Parliament the Secretary of State may bring the code into operation by order.

5

The Secretary of State may from time to time revise the whole or any part of F7the codeF7a code under this section and issue the code as revised.

6

Subsections (3) and (4) also apply to a revision or proposed revision of F8the codeF8a code.