BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Statutory Instruments |
||
|
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Carriers’ Liability (Clandestine Entrants) (Level of Penalty: Code of Practice) Order 2023 No. 30 URL: http://www.bailii.org/uk/legis/num_reg/2023/uksi_202330_en_1.html |
||
[New search] [Help]
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Immigration And Asylum
Made
12th January 2023
Laid before Parliament
16th January 2023
Coming into force
13th February 2023
The Secretary of State makes the following Order in exercise of the power conferred by sections 32A(4) and 166(1) and (3) of the Immigration Act 1999( 1).
In pursuance of section 32A(3) of that Act, the Secretary of State has laid a draft of the code of practice entitled “Immigration and Asylum Act 1999: Level of Penalty: Code of Practice” before Parliament( 2).
1.—(1) This Order may be cited as the Carriers’ Liability (Clandestine Entrants) (Level of Penalty: Code of Practice) Order 2023 and comes into force on 13th February 2023.
(2) This Order extends to England and Wales, Scotland and Northern Ireland.
2. The code of practice entitled “Immigration and Asylum Act 1999: Level of Penalty: Code of Practice” laid in draft before Parliament on 16th January 2023 comes into operation on 13th February 2023.
Robert Jenrick
Minister of State
Home Office
12th January 2023
(This note is not part of the Order)
This Order brings into operation a code of practice entitled “Immigration and Asylum Act 1999: Level of Penalty: Code of Practice”, issued under section 32A of the Immigration and Asylum Act 1999 (c. 33)(the “ 1999 Act”).
The code of practice specifies matters to be considered in determining the amount of a penalty under sections 31A and 32 of the 1999 Act.
Under section 32A(B1) and (2), the Secretary of State must have regard to the code of practice when imposing a penalty under section 31A and section 32 and when considering a notice of objection against a penalty under section 35(4) of the 1999 Act.
The draft code will be published by the Stationery Office and copies may be obtained from the Stationery Office bookshops or online shop, with the final code to be available in the same way. The draft code is available athttps://www.gov.uk/government/publications/clandestine-entrant-civil-penalty-schemewith the final code to be available in the same way. A hard copy can also be obtained free of charge by writing to BF CECPT, Border Force South East, Martello House, Shearway Business Park, Folkestone, Kent, United Kingdom, CT19 4RH.
An impact assessment has been produced in relation to this instrument. It is available from the Home Office, 2 Marsham Street, London, SW1P 4DF, and is annexed to the Explanatory Memorandum and published alongside the instrument atwww.legislation.gov.uk.
1999 c. 33; section 32A was inserted by paragraph 3 of Schedule 8 to the Nationality, Immigration and Asylum Act 2002 (c. 41)and amended by paragraph 5 of Schedule 5 to the Nationality and Borders Act 2022 (c. 36).
Draft of the code entitled “Immigration and Asylum Act 1999: Level of Penalty: Code of Practice” laid before Parliament on 16th January 2023.
