The Carriers' Liability Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the regulations revoked by regulation 15 by making provision in respect of the procedure governing the carrier’s liability provisions of Part II of the Immigration and Asylum Act 1999 (“the Act”) as amended by section 125 of, and Schedule 8 to, the Nationality, Immigration and Asylum Act 2002 (c. 41). In particular, the Regulations concern the penalty for carrying clandestine entrants established by, and the sale of transporters under, Part II of the Act. They also concern the charge imposed in respect of passengers without proper documents.

In the case of the penalty for clandestine entrants, these Regulations:

(a) set the maximum amount of the penalty payable by a responsible person at £2,000 (regulation 3);

(b) set the maximum aggregate amount of the penalty at £4,000 (regulation 3);

(c) set the period within which a penalty must be paid as 60 days from the date of issue of the penalty notice (regulation 4);

(d) prescribe the control zone at Coquelles, France, as a place where carrying, or attempting to carry, a concealed person through UK immigration control gives rise to a penalty (regulation 5); and

(e) provide for the manner in which issue of a penalty notice may be effected in relation to detached trailers (regulation 8).

In the case of the penalty for clandestine entrants and the charge in respect of passengers without proper documents, these Regulations:

(a) set the period within which a notice of objection to a penalty, or (as the case may be) a charge, must be given as 28 days from the date of issue of the penalty notice, or (as the case may be) the date of service of the charge notice (regulation 6); and

(b) set the period within which the Secretary of State must inform the objector of his decision in relation to the notice of objection (regulation 7).

In the case of sales of transporters, these Regulations:

(a) set out the steps which the Secretary of State must take prior to applying to the Court for leave to sell a detained transporter (regulations 9 and 10);

(b) prescribe the period within which the power of sale must be exercised (regulation 11); and the period after which the power of sale may be exercised following detention of a transporter under section 36A of the Act (regulation 12); and

(c) prescribe how the proceeds of any such sale are to be applied (regulation 13).

Regulation 14 provides for presumptions in respect of the service of documents.

Regulation 15 revokes the Carriers' Liability (Clandestine Entrants and Sale of Transporters) Regulations 2000 (S.I. 2000/685) and the Carriers' Liability (Clandestine Entrants and Sale of Transporters) (Amendment) Regulations 2001 (S.I. 2001/311).