SCHEDULE 5 Penalty for Failure to Secure Goods Vehicle etc

SCHEDULE 5 Penalty for Failure to Secure Goods Vehicle etc

Section 42

1

Part 2 of the Immigration and Asylum Act 1999 (carriers' liability) is amended as follows.

2

For the italic heading before section 32 substitute “Penalties for failure to secure goods vehicle and for carrying clandestine entrantsâ€.

3

Before section 32 (but after the italic heading before that section) insert—

“31A Penalty for failure to secure goods vehicle etc

(1)     The Secretary of State may impose a penalty on a person responsible for a goods vehicle which has arrived at a place mentioned in subsection (2) if—

(a)     on its arrival at that place, the vehicle is not adequately secured against unauthorised access (see subsection (4)(a)), and

(b)     the person has not taken the actions specified in regulations under subsection (4)(b) as actions to be taken by that person in relation to the securing of the vehicle against unauthorised access before or during its journey to that place.

(2)     Those places are—

(a)     a place where immigration control is operated, and

(b)     in a case where the vehicle previously arrived at a place outside the United Kingdom where immigration control is operated

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