The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

PART 1 INTRODUCTION

Citation and commencement

1.—(1) This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003.

(2) Save for article 10 of this Order which shall come into force on the day after the day on which the Order is made, this Order shall come into force on the date on which the Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning the Implementation of Frontier Controls at the Sea Ports of Both Countries on the Channel and North Sea(1) enters into force.

Interpretation

2.  In this Order, and in any enactment applied with modifications by Schedule 2 to this Order—

“Control Zone” means the part of the territory of the State of Departure within a port designated in Schedule 1 to this Order within which the officers of the State of Arrival are authorised to carry out immigration control under the Treaty;

“immigration control” means arrangements made in connection with the movement of persons into or out of the United Kingdom or another State and includes the investigation of offences relating to immigration;

“immigration officer” means an officer appointed by the Secretary of State under paragraph 1 of Schedule 2 to the 1971 Act;

“officer belonging to the French Republic” means an officer given responsibility by the Government of the French Republic for the exercise of immigration control in accordance with the Treaty;

“State of Departure” means the State upon whose territory the immigration control of the other State is carried out, and “State of Arrival” means the other State;

“the 1971 Act” means the Immigration Act 1971(2);

“the 1984 Act” means the Police and Criminal Evidence Act 1984(3); and

“Treaty” means the Treaty mentioned in article 1 (2).

(1)

Cm 5832. The entry into force of the Treaty will be notified in the London, Edinburgh and Belfast Gazettes.

(2)

1971 c. 77.

(3)

1984 c. 60.