(1)An employer to whom a penalty notice is given may appeal to the court on the ground that—
(a)he is not liable to the imposition of a penalty,
(b)he is excused payment by virtue of section 15(3), or
(c)the amount of the penalty is too high.
(2)The court may—
(a)allow the appeal and cancel the penalty,
(b)allow the appeal and reduce the penalty, or
(c)dismiss the appeal.
(3)An appeal shall be a re-hearing of the Secretary of State's decision to impose a penalty and shall be determined having regard to—
(a)the code of practice under section 19 that has effect at the time of the appeal (in so far as the appeal relates to the amount of the penalty), and
(b)any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware);
and this subsection has effect despite any provision of rules of court.
[F1(4A)An appeal may be brought only if the employer has given a notice of objection under section 16 and the Secretary of State—
(a)has determined the objection by issuing to the employer the penalty notice (as a result of increasing the penalty under section 16(4)(c)),
(b)has determined the objection by—
(i)reducing the penalty under section 16(4)(b), or
(ii)taking no action under section 16(4)(d), or
(c)has not informed the employer of a decision before the end of the period that applies for the purposes of section 16(5)(b).
(4B)An appeal must be brought within the period of 28 days beginning with the relevant date.
(4C)Where the appeal is brought under subsection (4A)(a), the relevant date is the date specified in the penalty notice issued in accordance with section 16(5)(c) as the date on which it is given.
(4D)Where the appeal is brought under subsection (4A)(b), the relevant date is the date specified in the notice informing the employer of the decision for the purposes of section 16(5)(b) as the date on which it is given.
(4E)Where the appeal is brought under subsection (4A)(c), the relevant date is the date on which the period that applies for the purposes of section 16(5)(b) ends.]
(6)In this section “the court” means—
(a)where the employer has his principal place of business in England and Wales, [F2the county court],
(b)where the employer has his principal place of business in Scotland, the sheriff, and
(c)where the employer has his principal place of business in Northern Ireland, a county court.
Textual Amendments
F1S. 17(4A)-(4E) substituted for s. 17(4)(5) (28.7.2014) by Immigration Act 2014 (c. 22), ss. 44, 75(3); S.I. 2014/1820, art. 3(p) (with art. 5) (as amended by SI 2014/2771, art. 14)
F2Words in s. 17(6)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Commencement Information
I1S. 17 in force at 29.2.2008 by S.I. 2008/310, art. 2(1)(a) (with art. 5(2))