(1)The Secretary of State may make regulations imposing penalties for failure to comply with a requirement imposed—
(a)under section 32(2) (provision of passenger, crew or service information), or
(b)by regulations made under section 32A (regulations requiring information to be provided to police).
(2)Regulations under subsection (1) may in particular make provision—
(a)about how a penalty is to be calculated;
(b)about the procedure for imposing a penalty;
(c)about the enforcement of penalties;
(d)allowing for an appeal against a decision to impose a penalty;
and the regulations may make different provision for different purposes.
(3)Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.
(4)The regulations must provide that no penalty may be imposed on a person for failure to comply with a requirement imposed under section 32(2) or by regulations made under section 32A where—
(a)proceedings have been instituted against the person under section 34 in respect of the same failure, or
(b)the failure consists of a failure to provide information that the person has also been required to provide under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971 and—
(i)a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under paragraph 27BB of that Schedule, or
(ii)proceedings have been instituted against the person under section 27 of that Act in respect of a failure to provide that information, or
(c)the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 24 of that Act.
(5)Any penalty paid by virtue of this section must be paid into the Consolidated Fund.
(6)Regulations under this section—
(a)must be made by statutory instrument, and
(b)may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.]
Textual Amendments
F1Ss. 32A, 32B inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 7