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.