Part 4: Aviation, Shipping and Rail Commentary on Sections Section 24: Penalty for breach of authority-to-carry scheme
112.Subsection (1) allows the Secretary of State to make regulations imposing penalties on carriers for breach of the requirements of an ATC scheme. An ATC scheme may be breached in various ways, such as by a carrier failing to provide the required information, or failing to provide it by the required time, or by carrying a person following a refusal of authority to carry.
113.Subsection (2) requires that regulations must identify the scheme to which they refer.
114.Subsection (3) states that regulations may make provision about how a penalty is to be calculated; the procedure for imposing the penalty; how the penalty will be enforced, and allow for an appeals process. It also states that the regulations may make different provision for different purposes. Regulations made under this section will adopt a similar approach to the 2012 Regulations that provide for penalties to be imposed for breach of the 2012 Scheme.
115.Subsection (4) requires that provision about the procedure for imposing a penalty in the regulations must include provision allowing a carrier the opportunity to object to a proposed penalty.
116.Subsection (5) requires that the regulations must provide that a carrier cannot be penalised for breach of the requirements of an ATC scheme if the breach is a failure to provide information under sections 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971 and the carrier is already being prosecuted under section 27 of that Act or has been penalised under paragraph 27BB of Schedule 2 to that Act for the same breach. Similarly, where the breach is a failure to provide information under section 32 or 32A of IANA 2006 and the carrier has already been penalised for the same breach under section 32A or is being prosecuted under section 34 of that Act, they cannot be penalised for the breach under these regulations.
117.Subsection (6) requires that any penalties paid must go to the Consolidated Fund.
118.Subsection (7) requires that regulations made under this section are subject to the affirmative procedure.