OpenLegislation

The Immigration (Biometric Registration) (Objection to Civil Penalty) Order 2008

S.I. 2008/2830 · Made 29 October 2008 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 March 2015.

IMMIGRATION

Made 29th October 2008

Laid before Parliament 31st October 2008

Coming into force 25th November 2008

The Secretary of State makes the following Order in exercise of the powers conferred by sections 10 and 14 of the UK Borders Act 2007f1.

Annotations to the whole text

Footnotes

f1

2007 c. 30.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Required form and contents of a notice of objection
  4. 4Required form and contents of a notice of objection
  5. 5Required form and contents of a notice of objection
  6. 6Required form and contents of a notice of objection
  7. 7Period of time for giving a notice of objection
  8. 8Period of time for Secretary of State to respond to notice of objection
  9. Signature
  10. Schedule Schedule
  11. Explanatory note

1Citation, commencement and interpretationI1

This Order may be cited as the Immigration (Biometric Registration) (Objection to Civil Penalty) Order 2008 and shall come into force on 25th November 2008.

2Citation, commencement and interpretationI1

In this Order—

  • “the Act” means the UK Borders Act 2007;

  • “working days” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971f1 in the part of the United Kingdom where a person objecting to a penalty under section 10 of the Act resides.

3Required form and contents of a notice of objectionI1

Where a penalty notice is given under section 9(1) of the Act, a notice of objection to the penalty notice under section 10(1) of the Act must be given on the form set out in the Schedule to this Order.

4Required form and contents of a notice of objectionI1

The form must be completed in English or Welsh.

5Required form and contents of a notice of objectionI1

The notice of objection must include—

(a)

the penalty notice reference number;

(b)

the full name of the person issued with the penalty notice;

(c)

that person’s date of birth;

(d)

that person’s current residential address including postcode;

(e)

that person’s signature;

(f)

the date on which the person signed the notice of objection; and

(g)

a list of any supporting evidence provided with the notice of objection.

6Required form and contents of a notice of objectionI1

Where an appeal has been brought under section 11(1) of the Act, the notice of objection must state—

(a)

the name and address of the county court or sheriff to which the grounds for appeal were submitted;

(b)

the date that the appeal was submitted; and

(c)

any court reference number.

7Period of time for giving a notice of objectionI1

A notice of objection under section 10(1) of the Act must be F1received by the Secretary of State before the expiry of F232 working days beginning with the date specified on the penalty notice.

8Period of time for Secretary of State to respond to notice of objectionF1I1

The Secretary of State shall issue a response to a notice of objection under section 10(4) of the Act before the expiry of 32 working days beginning with the date specified on the notice of objection.

Signature

Meg Hillier

Parliamentary Under Secretary of State

Home Office

29th October 2008

I1F1

Explanatory note

(This note is not part of the Order)

This Order sets out the prescribed matters in respect of an objection to a civil penalty issued under the biometric registration provisions of the UK Borders Act 2007. A penalty notice may be issued if a person fails to comply with a requirement of regulations made under the biometric registration provisions of that Act, for example, if the holder of a biometric immigration document fails to notify the Secretary of State that the document has been lost or stolen. This Order prescribes the requirements as to the form and content of the objection notice, the time period within which the notice must be given, and the time period within which the Secretary of State must respond to the notice.