These Regulations set out the civil penalty regime that applies for failure to comply with requirements in paragraph 27 or 27B of Schedule 2 to the Immigration Act 1971 (“IA 1971”) or section 32 of the Immigration and Nationality Act 2006 to supply or receive information.
Regulation 3 applies to a person who is required by an order under paragraph 27(2) of Schedule 2 to IA 1971 to supply information about passengers or crew on board a ship or aircraft, a person who is required under paragraph 27B(2) of Schedule 2 to IA 1971 to provide passenger or service information, and to a person who is required under paragraph 27B(8A) of Schedule 2 to IA 1971 to be able to receive communications in a form and manner directed by the Secretary of State. Where a person breaches one of the requirements specified in regulation 3, the Secretary of State may require a carrier to pay a penalty. Such a penalty may not exceed £10,000.
Regulation 4 applies to a person who is required under section 32(2) of the Immigration and Nationality Act 2006 to provide passenger or service information relating to a ship or aircraft, or to be able to receive communications relating to the information in a specified form or manner. Where a person breaches one of the requirements specified in regulation 4, the Secretary of State may require a carrier to pay a penalty. Such a penalty may not exceed £10,000.
Regulation 5 contains provision about the contents of a penalty notice. Regulations 6 to 9 deal with matters relating to objection, appeals, enforcement and service of documents.