Section 13 Penalty: code of practiceI1 I2 C1 C2

(1)

The Secretary of State shall issue a code of practice setting out the matters to be considered in determining—

(a)

whether to give a penalty notice under section 9(1), and

(b)

the amount of a penalty.

(2)

The code may, in particular, require the Secretary of State to consider any decision taken by virtue of section 7.

(3)

A court or the sheriff shall, when considering an appeal under section 11, have regard to the code.

(4)

The Secretary of State may revise and re-issue the code.

(5)

Before issuing or re-issuing the code the Secretary of State must—

(a)

publish proposals,

(b)

consult members of the public, and

(c)

lay a draft before Parliament.

(6)

The code (or re-issued code) shall come into force at the prescribed time.

Annotations

C1: Ss. 5-15 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 2, Sch. 1
C2: S. 13 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 4, Sch. 3, Sch. 3A

I1: S. 13 in force at 31.1.2008 for specified purposes by S.I. 2008/99, art. 2(e)
I2: S. 13 in force at 25.11.2008 in so far as not already in force by S.I. 2008/2822, art. 2(e)