Regulation 3 Penalty for breach of an authority-to-carry scheme

(1)

This regulation applies to a person (a “carrier”) who is required by the authority-to-carry scheme to seek authority from the Secretary of State to carry persons on aircraft, ships or trains.

(2)

The Secretary of State may require the carrier to pay a penalty if satisfied that the carrier has breached any of the following requirements of the scheme—

(a)

a requirement to seek authority to carry a person;

(b)

a requirement to provide specified information by a specified time before travel;

(c)

a requirement to provide information in a specified manner and form;

(d)

a requirement to be able to receive, in a specified manner and form, communications from the Secretary of State;

(e)

a requirement not to carry a person where the Secretary of State has refused authority to carry the person.

(3)

Separate penalties may be imposed under sub-paragraphs (a), (b) and (e) of paragraph (2) for breaches relating to different people travelling on the same aircraft, ship or train.

(4)

In paragraph (2) “specified” means specified in the authority-to-carry scheme.

(5)

The Secretary of State may not require a carrier to pay a penalty if—

(a)

the carrier shows that there was a reasonable excuse for the breach, or

(b)

paragraph (6) applies.

(6)

This paragraph applies where—

(a)

the breach consists of a failure to comply with a requirement that the carrier is also obliged to comply with by virtue of paragraph 27, 27B^f1 or 27BA^f2 of Schedule 2 to IA 1971 and—

(i)

a penalty has been imposed on the carrier, under regulations made under paragraph 27BB of that Schedule, in respect of the same failure, or

(ii)

proceedings have been instituted against the carrier, under section 27 of IA 1971, in respect of the same failure;

(b)

the breach consists of a failure to comply with a requirement that the carrier is also obliged to comply with by virtue of section 32 or 32A of the Immigration, Asylum and Nationality Act 2006^f3 and—

(i)

a penalty has been imposed on the carrier, under regulations made under section 32B of that Act, in respect of the same failure, or

(ii)

proceedings have been instituted against the carrier, under section 34 of that Act, in respect of the same failure; or

(c)

in the case of a failure consisting of the provision of false information, proceedings have been instituted against the carrier, under section 5 of the Perjury Act 1911^f4, in respect of the same failure.

(7)

A penalty imposed under this regulation may not exceed £50,000.

(8)

The penalty is payable to the Secretary of State on demand.

Annotations

Footnotes

f1: Paragraph 27B was inserted by the Immigration and Asylum Act 1999 (c. 33), section 18.
f2: Paragraph 27BA was inserted by the Counter-Terrorism and Security Act 2015, paragraph 1 of Schedule 5.
f3: 2006 c. 13.
f4: 1911 c. 6 (1 & 2 Geo 5); section 5 was amended by the Criminal Justice Act 1948 (c. 58), section 1(2).