|
| |
|
(a) | set out the Secretary of State’s reasons for deciding that the defaulter is |
| |
| |
(b) | state the amount of the penalty that is being imposed; |
| |
(c) | specify a date before which the penalty must be paid to the Secretary of |
| |
| 5 |
(d) | describe how payment may be made; |
| |
(e) | explain the steps that the defaulter may take if he objects to the penalty; |
| |
| |
(f) | set out and explain the powers of the Secretary of State to enforce the |
| |
| 10 |
(4) | The date for the payment of a penalty must be not less than 14 days after the |
| |
giving of the notice imposing it. |
| |
(5) | A penalty imposed in accordance with this section— |
| |
(a) | must be paid to the Secretary of State in a manner described in the |
| |
| 15 |
(b) | if not so paid by the specified date, is to be recoverable by him |
| |
| |
(6) | In proceedings for recovery of a penalty so imposed no question may be raised |
| |
| |
(a) | whether the defaulter was liable to the penalty; |
| 20 |
(b) | whether the imposition of the penalty was unreasonable; or |
| |
(c) | the amount of the penalty. |
| |
(7) | Sums received by the Secretary of State in respect of penalties imposed in accordance |
| |
with this section must be paid into the Consolidated Fund. |
| |
| 25 |
(1) | A person to whom a notice under section 33 has been given may give notice to |
| |
the Secretary of State that he objects to the penalty on one or more of the |
| |
| |
(a) | that he is not liable to it; |
| |
(b) | that the circumstances of the contravention in respect of which he is |
| 30 |
liable make the imposition of a penalty unreasonable; |
| |
(c) | that the amount of the penalty is too high. |
| |
(2) | The notice of objection— |
| |
(a) | must set out the grounds of the objection and the objector’s reasons for |
| |
objecting on those grounds; and |
| 35 |
(b) | must be given to the Secretary of State in the prescribed manner and |
| |
within the prescribed period after the giving of the notice imposing the |
| |
| |
(3) | The Secretary of State must consider a notice of objection given in accordance |
| |
with this section and may then— |
| 40 |
| |
| |
| |
| |
|
| |
|
| |
|
(4) | The Secretary of State must not enforce a penalty in respect of which he has |
| |
received a notice of objection before he has notified the objector of the outcome |
| |
of his consideration of the objection. |
| |
(5) | That notification of the outcome of his consideration must be given, in the |
| |
| 5 |
(a) | before the end of the prescribed period; or |
| |
(b) | within such longer period as he may agree with the objector. |
| |
(6) | Where, on consideration of an objection, the Secretary of State increases the |
| |
penalty, he must give the objector a new penalty notice under section 33; and, |
| |
where he reduces it, he must notify the objector of the reduced amount. |
| 10 |
35 | Appeals against penalties |
| |
(1) | A person on whom a penalty has been imposed under section 33 may appeal |
| |
to the court on one or more of the following grounds— |
| |
(a) | that he is not liable to it; |
| |
(b) | that the circumstances of the contravention in respect of which he is |
| 15 |
liable make the imposition of a penalty unreasonable; |
| |
(c) | that the amount of the penalty is too high. |
| |
(2) | An appeal under this section must be brought within such period after the |
| |
giving of the notice imposing the penalty to which it relates as may be specified |
| |
| 20 |
(3) | On an appeal under this section, the court may— |
| |
(a) | allow the appeal and cancel the penalty; |
| |
(b) | allow the appeal and reduce the penalty; or |
| |
| |
(4) | An appeal under this section shall be by way of a rehearing of the Secretary of |
| 25 |
State’s decision to impose the penalty. |
| |
(5) | The matters to which the court may have regard when determining an appeal |
| |
under this section include all matters that the court considers relevant, |
| |
| |
(a) | matters of which the Secretary of State was unaware when he made his |
| 30 |
| |
(b) | matters which (apart from this subsection) the court would be |
| |
prevented from having regard to by virtue of rules of court. |
| |
(6) | An appeal under this section may be brought in relation to a penalty |
| |
irrespective of whether a notice of objection under section 34 has been given in |
| 35 |
respect of that penalty and of whether there has been an increase or reduction |
| |
| |
(7) | In this section “the court” means— |
| |
(a) | in England and Wales or Northern Ireland, a county court; and |
| |
(b) | in Scotland, the sheriff. |
| 40 |
|
| |
|
| |
|
36 | Code of practice on penalties |
| |
(1) | The Secretary of State must issue a code of practice setting out the matters that |
| |
he will consider when determining the amount to be imposed in any case by |
| |
way of a civil penalty under this Act. |
| |
(2) | The Secretary of State must have regard to the code when— |
| 5 |
(a) | imposing a civil penalty under this Act; or |
| |
(b) | considering a notice of objection under section 34. |
| |
(3) | The court must have regard to the code when determining any appeal under |
| |
| |
(4) | Before issuing the code, the Secretary of State must lay a draft of it before |
| 10 |
| |
(5) | The code issued under this section does not come into force until the time |
| |
specified by order made by the Secretary of State. |
| |
(6) | The Secretary of State may from time to time— |
| |
(a) | revise the whole or a part of the code; and |
| 15 |
(b) | issue the revised code. |
| |
(7) | Subsections (4) and (5) apply to a revised code as they apply to the code first |
| |
issued under this section. |
| |
| |
37 | Fees in respect of functions carried out under Act |
| 20 |
(1) | The Secretary of State may by regulations impose fees, of such amounts as he thinks fit, |
| |
to be paid to him in respect of any one or more of the following— |
| |
(a) | applications to him for entries to be made in the Register, for the modification |
| |
of entries or for the issue of ID cards; |
| |
(b) | the making or modification of entries in the Register; |
| 25 |
(c) | the issue of ID cards; |
| |
(d) | applications for the provision of information contained in entries in the |
| |
| |
(e) | the provision of such information; |
| |
(f) | applications for confirmation that information supplied coincides with |
| 30 |
information recorded in the Register; |
| |
(g) | the issue or refusal of such confirmations; |
| |
(h) | applications for the approval of a person or of apparatus in accordance with any |
| |
regulations under this Act; |
| |
(i) | the grant of such approvals. |
| 35 |
(2) | The provision that may be made by regulations under this section includes— |
| |
(a) | provision for the payment of fees by instalments; and |
| |
(b) | provision establishing arrangements under which instalments may be |
| |
paid in anticipation of a fee becoming due. |
| |
(3) | In prescribing a fee under this section in respect of anything mentioned in a |
| 40 |
particular paragraph of subsection (1), the Secretary of State may take into |
| |
| |
|
| |
|
| |
|
(a) | expenses that will be or have been incurred by him in respect of that |
| |
thing, both in the circumstances in relation to which the fee is |
| |
prescribed and in other circumstances; |
| |
(b) | expenses that will be or have been incurred by him in respect of such |
| |
other things mentioned in that subsection as he thinks fit; |
| 5 |
(c) | other expenses that will be or have been incurred by him in connection |
| |
with any provision made by or under this Act; |
| |
(d) | expenses that will be or have been incurred by any person in |
| |
connection with applications for, and the issue of, designated |
| |
documents (whether or not together with ID cards); |
| 10 |
(e) | expenses that will be or have been incurred in the provision of consular |
| |
services (within the meaning of section 1 of the Consular Fees Act 1980 |
| |
| |
(f) | such differences between different persons by or in relation to whom |
| |
that thing may be done as he thinks fit. |
| 15 |
(4) | The consent of the Treasury is required for the making of regulations under |
| |
| |
(5) | Every power conferred by or under an enactment to fix or impose fees in |
| |
| |
(a) | applications for a designated document, or |
| 20 |
(b) | the issue of designated documents, |
| |
| includes power to fix or impose fees in respect of things done by virtue of this |
| |
Act in connection with such applications, or with the issue of such documents. |
| |
(6) | References in this section to expenses that will be incurred for any purpose |
| |
include references to expenses that the Secretary of State considers are likely to |
| 25 |
be incurred for that purpose over such period as he thinks appropriate, |
| |
including expenses that will be incurred only after the commencement of |
| |
particular provisions of this Act. |
| |
(7) | Fees received by the Secretary of State by virtue of this section must be paid into the |
| |
| 30 |
38 | Amendment of Consular Fees Act 1980 |
| |
In section 1 of the Consular Fees Act 1980 (power to impose fees in respect of |
| |
the carrying out of consular functions), after subsection (4) insert— |
| |
“(4A) | In prescribing a fee under subsection (1) for the doing of a particular thing, Her |
| |
Majesty in Council may take into account— |
| 35 |
(a) | the expenses that will be or have been incurred in doing that thing, |
| |
both in the circumstances in relation to which the fee is prescribed and |
| |
| |
(b) | the expenses that will be or have been incurred in doing such other |
| |
things in the exercise of functions mentioned in that subsection as She |
| 40 |
| |
(c) | expenses that will be or have been incurred by the Secretary of State in |
| |
connection with arrangements made for purposes connected with both |
| |
the exercise of such functions and provision made by or under the |
| |
Identity Cards Act 2005; and |
| 45 |
(d) | such differences between different persons in relation to whom things |
| |
may be or have been done as She thinks fit. |
| |
|
| |
|
| |
|
(4B) | The power of Her Majesty in Council under subsection (1) to prescribe |
| |
fees and the power of the Secretary of State under subsection (3) to |
| |
make regulations each includes power— |
| |
(a) | to make different provision for different cases; |
| |
(b) | to make provision subject to such exemptions and exceptions as |
| 5 |
the person exercising the power thinks fit; and |
| |
(c) | to make such incidental, supplemental, consequential and |
| |
transitional provision as that person thinks fit. |
| |
(4C) | References in this section to expenses that will be incurred for any |
| |
purpose include references to expenses that Her Majesty in Council |
| 10 |
considers are likely to be incurred for that purpose over such period as |
| |
She thinks appropriate, including expenses that will only be incurred |
| |
after the commencement of a particular enactment.” |
| |
Provisions relating to passports |
| |
39 | Verifying information provided with passport applications etc. |
| 15 |
(1) | Where it appears to the Secretary of State that a person on whom a requirement |
| |
may be imposed under this section may have information in his possession |
| |
| |
(a) | for verifying information provided to the Secretary of State for the |
| |
purposes of, or in connection with, an application for the issue of a |
| 20 |
| |
(b) | for determining whether to withdraw an individual’s passport, |
| |
| the Secretary of State may require that person to provide him with the |
| |
| |
(2) | It shall be the duty of a person who— |
| 25 |
(a) | is required to provide information under this section, and |
| |
(b) | has the information in his possession, |
| |
| to comply with the requirement within whatever period is specified in the |
| |
| |
(3) | A requirement may be imposed under this section on— |
| 30 |
(a) | a Minister of the Crown; |
| |
(b) | a government department; |
| |
(c) | a Northern Ireland department; |
| |
(d) | the National Assembly for Wales; or |
| |
(e) | any person not falling within paragraph (a) to (d) who is specified for |
| 35 |
the purposes of this section in an order made by the Secretary of State. |
| |
(4) | The persons who may be specified in an order under subsection (3)(e) include |
| |
any person who carries out functions conferred by or under an enactment that |
| |
fall to be carried out on behalf of the Crown. |
| |
(5) | The power of the Secretary of State to make an order specifying a person as a |
| 40 |
person on whom a requirement may be imposed under this section includes |
| |
| |
(a) | that his duty to provide the information that he is required to provide |
| |
is owed to the person imposing it; and |
| |
(b) | that the duty is enforceable in civil proceedings— |
| 45 |
|
| |
|
| |
|
| |
(ii) | for specific performance of a statutory duty under section 45 of |
| |
the Court of Session Act 1988 (c. 36); or |
| |
(iii) | for any other appropriate remedy or relief. |
| |
(6) | The Secretary of State may, in such cases (if any) as he thinks fit, make payments to a |
| 5 |
person providing information in accordance with this section in respect of the provision |
| |
| |
(7) | The Secretary of State must not make an order containing (with or without |
| |
other provision) any provision that he is authorised to make by this section |
| |
unless a draft of the order has been laid before Parliament and approved by a |
| 10 |
resolution of each House. |
| |
40 | Amendments of legislation relating to passports |
| |
(1) | In sections 14E, 19, 21B and 21C of the Football Spectators Act 1989 (c. 37) |
| |
(enforcement of banning orders etc.), for “passport”, wherever occurring, |
| |
substitute “travel authorisation”. |
| 15 |
(2) | In section 22A(1) of that Act (interpretation), after the definition of “prescribed” |
| |
| |
“‘travel authorisation’, in relation to a person, means one or both |
| |
| |
(a) | any UK passport (within the meaning of the |
| 20 |
Immigration Act 1971) that has been issued to him; |
| |
(b) | any ID card issued to him under the Identity Cards Act |
| |
2005 which records that he is a British citizen.” |
| |
(3) | In sections 33, 35 and 36 of the Criminal Justice and Police Act 2001 (c. 16) |
| |
(travel restriction orders), for “passport”, wherever occurring, substitute |
| 25 |
| |
(4) | For section 33(8) of that Act substitute— |
| |
“(8) | In this section ‘UK travel authorisation’, in relation to a person, means |
| |
one or both of the following— |
| |
(a) | any UK passport (within the meaning of the Immigration Act |
| 30 |
1971) that has been issued to him; |
| |
(b) | any ID card issued to him under the Identity Cards Act 2005 |
| |
which records that he is a British citizen.” |
| |
(5) | The Secretary of State may by order modify— |
| |
(a) | any enactment (including an enactment amended by this section), or |
| 35 |
(b) | a provision of any subordinate legislation, |
| |
| for the purpose of including a reference to an ID card, or to an ID card of a |
| |
description not already mentioned in that enactment or provision, in any |
| |
reference (however worded) to a passport. |
| |
(6) | The Secretary of State must not make an order containing (with or without |
| 40 |
other provision) any provision authorised by this section which modifies an |
| |
enactment unless a draft of the order has been laid before Parliament and |
| |
approved by a resolution of each House. |
| |
|
| |
|