Part II

Carriers’ Liability

Passengers without proper documents

Appeal
40B
1
A person may appeal to the court against a decision to charge him under section 40.
2
On an appeal under this section the court may—
a
allow the appeal and cancel the charge, or
b
dismiss the appeal.
3
An appeal under this section—
a
shall be a re-hearing of the Secretary of State’s decision to impose a charge, and
b
may be determined having regard to matters of which the Secretary of State was unaware.
4
Subsection (3)(a) has effect despite any provision of Civil Procedure Rules.
5
An appeal may be brought by a person under this section against a decision to charge him whether or not he has given notice of objection under section 40A(3).
Pt. II (ss. 32-43) modified (7.2.2001 for certain purposes and otherwise 1.3.2001) by S.I. 2001/280, arts. 1, 2 (with art. 5)
Ss. 40-40B substituted (14.11.2002 for certain purposes and otherwise 8.12.2002) for s. 40 by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 125, Sch. 8 para. 13 (with s. 159); S.I. 2002/2811, art. 2, Sch.
Ss. 40-43 power to apply (with modifications) or amend conferred (18.7.2012) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 124(6), 162(1) (with s. 159); S.I. 2012/1887, art. 2