The Carriers' Liability Regulations 2002

Sale of transporters: notice of proposed sale

9.—(1) Before applying to the court under Schedule 1 to the Act for leave to sell a transporter, the Secretary of State shall take the steps specified in paragraphs (2) and (3) for bringing the proposed application to the notice of persons whose interests may be affected by a decision of the court to give leave and for affording to any such person an opportunity of becoming a party to the proceedings if the Secretary of State applies for leave.

(2) At least 21 days before applying to the court, the Secretary of State shall publish a notice complying with paragraph (6):

(a) in the London Gazette;

(b) in one or more newspapers circulating in the locality in which the transporter is detained, and

(c) where it is detained—

(i) in Scotland, in the Edinburgh Gazette, or

(ii) in Northern Ireland, in the Belfast Gazette.

(3) At least 21 days before applying to the court the Secretary of State shall, unless it is impracticable to do so, serve a notice which complies with the requirements of paragraph (6) on any person to whom any relevant penalty notice was addressed.

(4) In paragraph (3), “relevant penalty notice” means a penalty notice in respect of which the transporter concerned is, under section 36(1) or section 36A of the Act, detained, together with any other penalty notice actually issued in respect of the same carriage of clandestine entrants.

(5) If any person who has been served with a notice in accordance with paragraph (3) informs the Secretary of State within 21 days of the service of the notice of his desire to become a party to the proceedings, the Secretary of State shall make that person a defendant to the application.

(6) A notice for the purposes of paragraph (3) shall:

(a) (where reasonably possible) state the country of registration and registration number of the transporter;

(b) state the type of transporter and give any distinguishing features or markings that may serve to identify it;

(c) state that, on the date specified in the notice, the transporter was detained under (as the case may be):

(i) section 36(1) of the Act as security for the payment of one or more penalties due under section 32 of the Act; or

(ii) section 36A of the Act in default of payment of one or more penalties due under section 32 of the Act,

and, that, unless payment of the sum due and any connected expenses is made within 21 days of the date of publication or (as the case may be) service of the notice, the Secretary of State shall, without further notice, apply to the court for leave, under Schedule 1 to the Act, to sell the transporter; and

(d) invite:

(i) where the notice is published under paragraph (2), any person who considers his interests may be affected by any sale of the transporter; or

(ii) where the notice is served on a person, that person,

to inform the Secretary of State in writing within 21 days of the date of publication or (as the case may be) service of the notice if he wishes to become a party to the proceedings on the application.