UK Borders Act 2007

10Penalty: objectionU.K.

This section has no associated Explanatory Notes

(1)A person (P) who is given a penalty notice under section 9(1) may by notice to the Secretary of State object on the grounds—

(a)that P has not failed to comply with a requirement of regulations under section 5(1),

(b)that it is unreasonable to require P to pay a penalty, or

(c)that the amount of the penalty is excessive.

(2)A notice of objection must—

(a)specify the grounds of objection and P's reasons,

(b)comply with any prescribed requirements as to form and content, and

(c)be given within the prescribed period.

(3)The Secretary of State shall consider a notice of objection and—

(a)cancel the penalty notice,

(b)reduce the penalty by varying the penalty notice,

(c)increase the penalty by issuing a new penalty notice, or

(d)confirm the penalty notice.

(4)The Secretary of State shall act under subsection (3) and notify P—

(a)in accordance with any prescribed requirements, and

(b)within the prescribed period or such longer period as the Secretary of State and P may agree.

Modifications etc. (not altering text)

C1Ss. 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

C2S. 10 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

Commencement Information

I1S. 10 in force at 31.1.2008 for specified purposes by S.I. 2008/99, art. 2(c)

I2S. 10 in force at 25.11.2008 in so far as not already in force by S.I. 2008/2822, art. 2(b)