Identity Cards Bill (2004)

(1) A person on whom a penalty has been imposed under section 33 may appeal to the court on one or both of the following grounds—

(a) that he is not liable to it; or

(b) that the amount of the penalty is too high.

(2) An appeal under this section must be brought within such period after the giving of the notice imposing the penalty to which it relates as may be specified by rules of court.

(3) On an appeal under this section, the court may—

(a) allow the appeal and cancel the penalty;

(b) allow the appeal and reduce the penalty; or

(c) dismiss the appeal.

(4) An appeal under this section shall be by way of a rehearing of the Secretary of State’s decision to impose the penalty.

(5) The matters to which the court may have regard when determining an appeal under this section include all matters that the court considers relevant, including—

(a) matters of which the Secretary of State was unaware when he made his decision; and

(b) matters which (apart from this subsection) the court would be prevented from having regard to by virtue of rules of court.

(6) An appeal under this section may be brought in relation to a penalty irrespective of whether a notice of objection under section 34 has been given in respect of that penalty and of whether there has been an increase or reduction under that section.

(7) In this section "the court" means—

(a) in England and Wales or Northern Ireland, a county court; and

(b) in Scotland, the sheriff.

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EXPLANATORY NOTES

Clause 35: Appeals against penalties

183. This clause sets out the process of appealing against penalties. Under subsection (6) a person does not have to object to a penalty under clause 33 before making an appeal to the court under this clause.

184. The grounds of the appeal are set out in subsection (1). Subsection (2) ensures that there will be a time limit to any appeal.

185. The appeal will be a re-hearing of the decision of the Secretary of State to impose a penalty (subsection (4)). Under subsection (5) the court may consider all matters it considers relevant

186. The Court may decide to cancel the penalty, reduce the penalty or uphold the penalty under subsection (3).

187. Subsection (7) specifies which courts may hear an appeal.

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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 35, page 28, line 14, leave out 'or'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 35, page 30, line 15, at end insert 'or

(d) increase the penalty.'.