Section 40B AppealF1C1
A person may appeal to the court against a decision to charge him under section 40.
On an appeal under this section the court may—
allow the appeal and cancel the charge, or
dismiss the appeal.
An appeal under this section—
shall be a re-hearing of the Secretary of State’s decision to impose a charge, and
may be determined having regard to matters of which the Secretary of State was unaware.
Subsection (3)(a) has effect despite any provision of Civil Procedure Rules.
An appeal may be brought by a person under this section against a decision to charge him whether or not he has given notice of objection under section 40A(3).
Annotations
Textual amendments
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Ss. 40-40B substituted (14.11.2002 for certain purposes and otherwise 8.12.2002) for s. 40 by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 125, Sch. 8 para. 13 (with s. 159); S.I. 2002/2811, art. 2, Sch.
Modifications
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Ss. 40-43 power to apply (with modifications) or amend conferred (18.7.2012) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 124(6), 162(1) (with s. 159); S.I. 2012/1887, art. 2
Notes on Part II
Modifications
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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)
Notes on Individuals without proper documents or authorisation
Textual amendments
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S. 40 cross-heading substituted (20.3.2026) by Nationality and Borders Act 2022 (c. 36), ss. 76(9)(b), 87(1) (which amendment is extended (with modifications) (Guernsey) (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2025/1138, arts. 1(1), 2, Schs. 1, 2); S.I. 2026/165, reg. 2