Explanatory note

These Regulations set out the civil penalty regime that applies for the purposes of an authority-to-carry scheme under section 124 of the Nationality, Immigration and Asylum Act 2002. The authority-to-carry scheme to which these Regulations refer is the Security and Travel Bans Authority-to-Carry Scheme 2012 made by the Secretary of State on the day on which these Regulations are made.

In accordance with regulation 3, where a carrier is required by the authority-to-carry scheme to seek authority to carry a passenger to the United Kingdom and the carrier did not seek such authority or was refused authority under the scheme, the Secretary of State may require the carrier to pay a penalty. Such a penalty may not exceed £10,000.

Regulation 4 contains provision about the contents of a penalty notice. Regulations 5 to 8 deal with matters relating to objection, enforcement, appeal and service of documents.

The Regulations will be kept under review and it will fall to the Secretary of State to consider whether the Regulations should be allowed to expire as regulation 1(3) provides, be revoked early, or continue in force with or without amendment. A further instrument would be needed to continue the Regulations in force with or without amendments or to revoke them early.