Clandestine Entrant Civil Penalty Scheme

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.