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Immigration and Asylum Act 1999

Section 37: Effect of detention

132.Subsection (2) provides for an application to be made to the court by persons with a legitimate interest for the release of a detained transporter.

133.Subsection (3) makes provision for the release of the detained transporter by the court if it decides that adequate security against the penalty and any connected expenses has been offered or that there is no significant risk of the penalty not being paid, or if the court has significant doubt that the penalty is payable and the return of the transporter is vital to the applicant.

134.Subsection (4) enables the Secretary of State to arrange for the sale of the transporter if it has not been released by the court and if the penalty is not paid within 84 days of the first day of detention. The power of sale is subject to Schedule 1.

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