The Immigration (Biometric Registration) (Objection to Civil Penalty) (Amendment) Order 2015

Statutory Instruments

2015 No. 564

Immigration

The Immigration (Biometric Registration) (Objection to Civil Penalty) (Amendment) Order 2015

Made

4th March 2015

Laid before Parliament

9th March 2015

Coming into force

31st March 2015

The Secretary of State makes the following Order in exercise of the powers conferred by sections 10 and 14(1) and (2)(a) of the UK Borders Act 2007(1).

Citation, commencement and interpretation

1.  This Order may be cited as the Immigration (Biometric Registration) (Objection to Civil Penalty) (Amendment) Order 2015 and comes into force on 31st March 2015.

2.  In this Order—

“the Act” means the UK Borders Act 2007;

“the 2008 Order” means the Immigration (Biometric Registration) (Objection to Civil Penalty) Order 2008(2).

Amendment of the 2008 Order

3.  The 2008 Order is amended as follows.

4.  In article 7 (period of time for giving a notice of objection)—

(a) for “given to” substitute “received by”;

(b) for “thirty” substitute “32”.

5.  For article 8 (period of time for Secretary of State to notify response to notice of objection) substitute—

Period of time for Secretary of State to respond to notice of objection

8.   The Secretary of State shall issue a response to a notice of objection under section 10(4) of the Act before the expiry of 32 working days beginning with the date specified on the notice of objection.”.

6.  For the Schedule to the 2008 Order, substitute the Schedule set out in the Schedule to this Order.

Saving provision

7.  Where a person receives a penalty notice dated before this Order comes into force, the 2008 Order continues to apply in relation to that notice as if the 2008 Order had not been amended by this Order.

James Brokenshire

Minister of State

Home Office

4th March 2015

Article 6

SCHEDULE

Article 3

“SCHEDULE

”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Immigration (Biometric Registration) (Objection to Civil Penalty) Order 2008 which sets out the prescribed matters in respect of an objection to a civil penalty issued under the biometric registration provisions of the UK Borders Act 2007. A penalty notice may be issued if a person fails to comply with a requirement of regulations made under the biometric registration provisions of that Act, for example, if the holder of a biometric immigration document fails to notify the Secretary of State that the document has been lost or stolen. This Order amends the period of time for giving a notice of objection and within which the Secretary of State must respond to a notice, these changes are in line with the re-issued Code of Practice under the biometric registration provisions of the UK Borders Act 2007. This Order also updates the objection form. A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2007 c. 30.

(2)

S.I. 2008/2830.