SCHEDULES
SCHEDULE 8Carriers’ Liability
I1I2I37
1
Section 35 (notification and objection) shall be amended as follows.
2
In subsection (2)(d)(i) for “must” substitute “
may
”
.
3
For subsections (3) to (8) substitute—
3
Subsection (4) applies where a person to whom a penalty notice is issued objects on the ground that—
a
he is not liable to the imposition of a penalty, or
b
the amount of the penalty is too high.
4
The person may give a notice of objection to the Secretary of State.
5
A notice of objection must—
a
be in writing,
b
give the objector’s reasons, and
c
be given before the end of such period as may be prescribed.
6
Where the Secretary of State receives a notice of objection to a penalty in accordance with this section he shall consider it and—
a
cancel the penalty,
b
reduce the penalty,
c
increase the penalty, or
d
determine to take no action under paragraphs (a) to (c).
7
Where the Secretary of State considers a notice of objection under subsection (6) he shall—
a
inform the objector of his decision before the end of such period as may be prescribed or such longer period as he may agree with the objector,
b
if he increases the penalty, issue a new penalty notice under subsection (1), and
c
if he reduces the penalty, notify the objector of the reduced amount.
4
In subsection (9)—
a
for the first “served” substitute “
issued
”
, and
b
for “served on” substitute “
issued to
”
.
5
At the end add—
11
In proceedings for enforcement of a penalty under subsection (10) no question may be raised as to—
a
liability to the imposition of the penalty, or
b
its amount.
12
A document which is to be issued to or served on a person outside the United Kingdom for the purpose of subsection (1) or (7) or in the course of proceedings under subsection (10) may be issued or served—
a
in person,
b
by post,
c
by facsimile transmission, or
d
in another prescribed manner.
13
The Secretary of State may by regulations provide that a document issued or served in a manner listed in subsection (12) in accordance with the regulations is to be taken to have been received at a time specified by or determined in accordance with the regulations.