Consultation outcome

Clandestine Entrant Civil Penalty Scheme

• From: Home Office
• Published: 18 July 2022
• Last updated: 13 February 2023 — See all updates

This was published under the 2019 to 2022 Johnson Conservative government

This consultation has concluded

Read the full outcome

Government response

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Equality impact assessment: reform of the Clandestine Civil Penalty Scheme (accessible version)

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Equality impact assessment: reform of the Clandestine Civil Penalty Scheme

PDF, 576 KB, 19 pages

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Detail of outcome

In July 2022, the government launched a consultation seeking views on proposals to reform the Clandestine Entrant Civil Penalty Scheme. The scheme has not been reformed since 2002.

We received responses from industry stakeholders, companies and representative organisations, from within the UK and from countries across the EU.  We are grateful to everyone who took part.

The government has now published its response, setting out a range of reforms, which have been designed to strike a balance between disincentivising negligence and failures to comply with vehicle security standards, while ensuring that the regime is not overly burdensome on industry.

Further information is available at: Clandestine Entrant Civil Penalty Scheme - GOV.UK.

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Original consultation

Summary

We are consulting on new regulations related to vehicle security and a new Level of Penalty: Code of Practice.

This consultation ran from
10am on 18 July 2021 to 11:45pm on 12 September 2022

Consultation description

This consultation will last for 8 weeks.

Under the Nationality and Borders Act 2022, the Secretary of State has a statutory duty to consult with such persons as she considers appropriate before regulations are made.

This consultation is aimed at:

• anyone who drives a vehicle which is going to enter the UK, including private drivers and commercial drivers
• anyone who is the owner or hirer of a vehicle which is going to enter the UK
• anyone who is the owner, hirer or operator of a detached trailer which is going to enter the UK
• anyone who is interested in the Clandestine Entrant Civil Penalty Scheme
• anyone in the UK and at international drivers and businesses

We are consulting on new regulations related to vehicle security and a new Level of Penalty: Code of Practice. This includes a new civil penalty for failure to secure a goods vehicle, narrowing the statutory defences available to those who have carried a clandestine entrant and proposals to increase the maximum penalty and maximum aggregate penalty for carrying a clandestine entrant from the current £2,000 and £4,000.

Alongside this consultation document, the Home Office will be running a series of engagement events to explore these issues in more detail. If you would like to join an engagement event, please email:

clandestineentrantcivilpenaltyconsultation@homeoffice.gov.uk

The closing date to express an interest in joining an engagement date is 9 September 2022.

Following consultation, the regulations and a new Level of Penalty: Code of Practice will be laid before Parliament.

Documents

Consultation document: Clandestine Entrant Civil Penalties (accessible)

HTML

Consultation document: Clandestine Entrant Civil Penalties

PDF, 296 KB, 25 pages

This file may not be suitable for users of assistive technology.

Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email alternativeformats@homeoffice.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Published 18 July 2022
Last updated 13 February 2023 + show all updates

1. 13 February 2023

   Added 'Equality impact assessment: reform of the Clandestine Civil Penalty Scheme'.

2. 17 January 2023

   Government response published.

3. 26 August 2022

   The closing date to express an interest in joining an engagement date is now 9 September 2022.

4. 18 July 2022

   First published.