SCHEDULES

C1C2 SCHEDULE 1 Sale of Transporters

Annotations:
Modifications etc. (not altering text)
C1

S. 37 (and Sch. 1) applied (with modifications) (7.2.2001 for certain purposes and otherwise 1.3.2001) by S.I. 2001/280, arts. 1-4 (with art. 5)

C2

Sch. 1 power to apply (with modifications) 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

Notice of proposed sale

2

Before applying for leave to sell a transporter, the Secretary of State must take such steps as may be prescribed—

a

for bringing the proposed sale to the notice of persons whose interests may be affected by a decision of the court to grant leave; and

b

for affording to any such person an opportunity of becoming a party to the proceedings if the Secretary of State applies for leave.

F12A

Where the owner of a transporter is a party to an application for leave to sell it, in determining whether to give leave the court shall consider—

a

the extent of any hardship likely to be caused by sale,

b

the extent (if any) to which the owner is responsible for the matters in respect of which the penalty notice was issued, and

c

any other matter which appears to the court to be relevant (whether specific to the circumstances of the case or of a general nature).