Citation, commencement and interpretation

1. This Order may be cited as the Immigration (Biometric Registration) (Objection to Civil Penalty) Order 2008 and shall come into force on 25th November 2008.

2. In this Order–

"the Act" means the UK Borders Act 2007;

"working days" means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(2) in the part of the United Kingdom where a person objecting to a penalty under section 10 of the Act resides.

Required form and contents of a notice of objection

3. Where a penalty notice is given under section 9(1) of the Act, a notice of objection to the penalty notice under section 10(1) of the Act must be given on the form set out in the Schedule to this Order.

4. The form must be completed in English or Welsh.

5. The notice of objection must include–

(a) the penalty notice reference number;

(b) the full name of the person issued with the penalty notice;

(c) that person´s date of birth;

(d) that person´s current residential address including postcode;

(e) that person´s signature;

(f) the date on which the person signed the notice of objection; and

(g) a list of any supporting evidence provided with the notice of objection.

6. Where an appeal has been brought under section 11(1) of the Act, the notice of objection must state–

(a) the name and address of the county court or sheriff to which the grounds for appeal were submitted;

(b) the date that the appeal was submitted; and

(c) any court reference number.

Period of time for giving a notice of objection

7. A notice of objection under section 10(1) of the Act must be given to the Secretary of State before the expiry of thirty working days beginning with the date specified on the penalty notice.

Period of time for Secretary of State to notify response to notice of objection

8. The Secretary of State shall notify the response to a notice of objection under section 10(4) of the Act before the expiry of thirty-three working days beginning with the date that the Secretary of State received the notice of objection.

Article 3

SCHEDULE

View a larger version of this image

View a larger version of this image

View a larger version of this image

Explanatory Note

(This note is not part of the Order)

This Order sets out the prescribed matters in respect of an objection to a civil penalty issued under the biometric registration provisions of the UK Borders Act 2007. A penalty notice may be issued if a person fails to comply with a requirement of regulations made under the biometric registration provisions of that Act, for example, if the holder of a biometric immigration document fails to notify the Secretary of State that the document has been lost or stolen. This Order prescribes the requirements as to the form and content of the objection notice, the time period within which the notice must be given, and the time period within which the Secretary of State must respond to the notice.