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These Regulations amend the Carriers’ Liability Regulations 2002 (S.I. 2002/2817) to make provision in relation to penalties for failing to adequately secure a goods vehicle and for persons responsible for the transporting of clandestine entrants into the United Kingdom.
Regulations 4 to 9 insert regulations 2A, 2B, 2C, 2D, 2E and 2F into the Carriers’ Liability Regulations 2002, which make provision in relation to section 31A of the Immigration and Asylum Act 1999 (c. 33) (“the Act”).
The new regulation 2A prescribes what is meant by a goods vehicle being adequately secured against unauthorised access.
The new regulation 2B prescribes the actions to be taken by each person responsible for a goods vehicle in relation to the securing of the vehicle against unauthorised access.
The new regulation 2C prescribes the actions to be taken by each person responsible for a goods vehicle in relation to checking that no person has gained unauthorised access.
The new regulation 2D prescribes the actions to be taken by each person responsible for a goods vehicle in relation to the reporting of any unauthorised access to the goods vehicle.
The new regulation 2E prescribes the actions to be taken by each person responsible for a goods vehicle in relation to the keeping of records to establish that other actions specified in the Regulations have been taken.
The new regulation 2F prescribes the amounts of the penalties for the failure to secure a goods vehicle by the person responsible.
Regulation 10 amends regulation 3 of the Carriers’ Liability Regulations 2002 to prescribe, for the purposes of section 32(2C) of the Act, the maximum penalties payable by a responsible person in respect of a clandestine entrant or person concealed with the person.
Regulations 11 to 16 insert regulations 3A, 3B, 3C, 3D, 3E and 3F into the Carriers’ Liability Regulations 2002, which make provision in relation to section 32(2C) of the Act.
The new regulation 3A prescribes the actions in relation to checking that a person has not gained unauthorised access that must have been taken by a person responsible for a clandestine entrant in a goods vehicle in order to be eligible for a reduction in the amount of a penalty.
The new regulation 3B prescribes the actions in relation to checking that a person has not gained unauthorised access that must have been taken by a person responsible for a clandestine entrant in a commercially operated bus in order to be eligible for a reduction in the amount of a penalty.
The new regulation 3C prescribes the actions in relation to checking that a person has not gained unauthorised access that must have been taken by a person responsible for a clandestine entrant in a vehicle that is not a goods vehicle or commercially operated bus in order to be eligible for a reduction in the amount of a penalty.
The new regulation 3D prescribes the actions relating to reporting unauthorised access that must have been taken by a person responsible for a clandestine entrant in a vehicle other than a goods vehicle in order to be eligible for a reduction in the amount of a penalty.
The new regulation 3E prescribes the actions relating to the keeping of records that must have been taken by a person responsible for a clandestine entrant in a commercially operated bus in order to be eligible for a reduction in the amount of a penalty.
The new regulation 3F prescribes the period within which a penalty notice relating to a penalty under section 31A(1) or 32(2) of the Act must be issued.
Regulation 17 amends the Carriers’ Liability Regulations 2002 in respect of procedural matters relating to penalty notices. It amends regulations 4, 5, 6, 7, 8 and 14 of the Carriers’ Liability Regulations 2002. The amendments to regulation 4 prescribe the period within which a penalty must be paid. The amendments to regulation 5 prescribe control zones for the purpose of section 31A(16) of the Act. The amendments to regulation 6 prescribe the period within which a notice of objection must be given in relation to penalties under section 31A of the Act. The amendments to regulation 7 prescribe the period within which the Secretary of State must in inform an objector of his decision in relation to penalties under section 31A of the Act. The amendments to regulation 8 make provision for the issue of penalty notices in relation to detached trailers in respect of penalties under sections 31A and 32 of the Act. The amendments to regulation 14 set out what amounts to proper service of a document by electronic mail for the purposes of sections 35(1), (7) and (10) and 36A of the Act.
Regulation 18 amends regulations 9 and 11 of the Carriers’ Liability Regulations 2002. The amendments to regulation 9 apply it to penalties under section 31A of the Act. The amendments to regulation 11 extend the period within which the Secretary of State must exercise the power of sale in relation to a transporter from 60 to 80 days.
Regulation 19 adds a Schedule to the Carriers’ Liability Regulations 2002 that lists the standard checks.
An impact assessment has been produced in relation to these Regulations. It is available from the Home Office, 2 Marsham Street, London, SW1P 4DF and is published alongside these Regulations on www.legislation.gov.uk.
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