Identity Cards Bill (2004)

(1) This section applies where the Secretary of State is satisfied that a person ("the defaulter") is a person who is liable under this Act to a civil penalty not exceeding a specified amount.

(2) The Secretary of State may, by a notice given to the defaulter in the prescribed manner, impose on him a penalty of such amount, not exceeding the specified amount, as the Secretary of State thinks fit.

(3) A notice imposing such a penalty must—

(a) set out the Secretary of State’s reasons for deciding that the defaulter is liable to a penalty;

(b) state the amount of the penalty that is being imposed;

(c) specify a date before which the penalty must be paid to the Secretary of State;

(d) describe how payment may be made;

(e) explain the steps that the defaulter may take if he objects to the penalty; and

(f) set out and explain the powers of the Secretary of State to enforce the penalty.

(4) The date for the payment of a penalty must be not less than 14 days after the giving of the notice imposing it.

(5) A penalty imposed in accordance with this section—

(a) must be paid to the Secretary of State in a manner described in the notice imposing it; and

(b) if not so paid by the specified date, is to be recoverable by him accordingly.

(6) In proceedings for recovery of a penalty so imposed no question may be raised as to—

(a) whether the defaulter was liable to the penalty; or

(b) the amount of the penalty.

(7) Sums received by the Secretary of State in respect of penalties imposed in accordance with this section must be paid into the Consolidated Fund.

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EXPLANATORY NOTES

Civil penalties

Clause 33: Imposition of civil penalties

174. This clause sets out the way in which civil penalties under the identity cards scheme will operate.

175. Where the Secretary of State is satisfied that the person is liable to a civil penalty as set out in the legislation, the Secretary of State may issue in the prescribed manner a notice to the defaulter, setting out why the penalty is being imposed, the amount of the penalty, the date by which the penalty must be paid, how payment should be made, setting out the steps the defaulter may take if he objects and finally explaining the powers to enforce the penalty (subsection (3)).

176. The date by which the payment must be made cannot be less than 14 days after the notice is issued (subsection (4)).

177. The penalty imposed by this clause, must be paid in the manner described by the notice and if it is not paid, the amount is recoverable by the Secretary of State via the civil courts. When recovering the penalty no question may be raised as to whether the defaulter was liable to the penalty or as to the amount of the penalty.

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Amendments up to and including Friday 14th January 2005 page 5

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Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 33, page 28, line 45, at end insert 'including methods by which payment may be made by instalments'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 33, page 29, line 5, leave out '14' and insert '28'.