Section 16 — Immigration, Asylum and Nationality Act 2006: Objection

Objection 16 1 This section applies where an employer to whom a penalty notice is given objects on the ground that—

a he is not liable to the imposition of a penalty, b he is excused payment by virtue of section 15(3), or c the amount of the penalty is too high.

2 The employer may give a notice of objection to the Secretary of State.

3 A notice of objection must—

a be in writing, b give the objector's reasons, c be given in the prescribed manner, and d be given before the end of the prescribed period.

4 Where the Secretary of State receives a notice of objection to a penalty he shall consider it and—

a cancel the penalty, b reduce the penalty, c increase the penalty, or d determine to take no action.

5 Where the Secretary of State considers a notice of objection he shall—

a have regard to the code of practice under section 19 (in so far as the objection relates to the amount of the penalty),

b inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector, c if he increases the penalty, issue a new penalty notice under section 15, and d if he reduces the penalty, notify the objector of the reduced amount.