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

PART 3 U.K. PROVISIONS RELATING TO THE EXERCISE OF POWERS BY UNITED KINGDOM IMMIGRATION OFFICERS AND CONSTABLES IN A CONTROL ZONE IN FRANCE

Enactments having effect in a Control Zone in France U.K.

11.— [F1 (1) All immigration control enactments shall, for the purpose of enabling immigration officers to carry out immigration controls, have effect within a Control Zone in France, with the modifications set out in Schedule 2 to this Order.]

(2) Paragraphs 2 (powers and duties of detainee custody officers) and 3 (short-term holding facilities) of Schedule 11, and paragraph 2 of Schedule 13 (powers and duties of detainee custody officers), to the Immigration and Asylum Act 1999 shall have effect in relation to a detainee custody officer in a Control Zone in France as they have effect in relation to such an officer in the United Kingdom and, in the definition of “short-term holding facility” in section 147 of that Act, the reference to “a place” includes a place in a Control Zone in France.

(3) [F2 The Equality Act 2010] shall have effect in relation to immigration officers carrying out their functions in a Control Zone in France as they have effect in relation to such officers carrying out their functions in England and Wales and Scotland.

(4) [F3 The UK GDPR and the Data Protection Act 2018 (“the 2018 Act”)] shall have effect in relation to data which [F4 is] processed in a Control Zone in France in connection with the carrying out of immigration control by an immigration officer or a constable, or the exercise of a power of arrest by a constable under article 13 (3) of this Order, as if, for the purposes of [F5 Article 3 of the UK GDPR and section 207 of the 2018 Act], the data were processed by a [F6 controller] established in the United Kingdom in the context of [F7 the activities of] that establishment.

[F8 (4A) In paragraph (4), “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.]

(5) The law of England and Wales shall have effect in relation to any claim for compensation which may be alleged against, or by, a constable or an immigration officer for loss or injury in the exercise of his functions in a Control Zone in France as if the circumstances giving rise to the claim had occurred in England.

Textual Amendments

F1 Art. 11(1) substituted (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(4)(a)

F2 Words in art. 11(3) substituted (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(4)(b)

F3 Words in art. 11(4) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 47(2)(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in art. 11(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 296(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F5 Words in art. 11(4) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 47(2)(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in art. 11(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 296(d) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F7 Words in art. 11(4) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 296(e) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F8 Art. 11(4A) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 47(3) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Art. 11 comes into force in accordance with art. 1

Application of criminal law to a Control Zone in France U.K.

12.— [F9 (1) An act or omission which constitutes an offence under an immigration control enactment shall also be an offence if it takes place in a Control Zone in France.]

(2) An act or omission which constitutes an offence under the law of England and Wales if committed by a constable or an immigration officer in the exercise of his functions shall also be an offence if it takes place in a Control Zone in France by such an officer in the exercise of his functions.

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A provision of the criminal law in force in England and Wales for the protection of constables or immigration officers, or their property (including property in their possession or control), shall apply also in a Control Zone in France.

(6) Summary proceedings for an offence committed in a Control Zone in France by virtue of this article and which is an offence triable summarily or triable either way may be taken, and the offence may for all incidental purposes be treated as having been committed, in the county of Kent or [F13 in the area consisting of the inner London boroughs].

[F14 (7) Any jurisdiction conferred by virtue of this article on any court is without prejudice to any jurisdiction exercisable apart from this article by any French court.]

Textual Amendments

F9 Art. 12(1) substituted (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(5)(a)

F10 Art. 12(3) omitted (31.3.2021) by virtue of The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(5)(b)

F11 Art. 12(4) omitted (31.3.2021) by virtue of The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(5)(b)

F12 Art. 12(4A) omitted (31.3.2021) by virtue of The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(5)(b)

F13 Words in art. 12(6) substituted (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(5)(c)

F14 Art. 12(7) inserted (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(5)(d)

Commencement Information

I2 Art. 12 comes into force in accordance with art. 1

Powers of arrest and search outside United Kingdom U.K.

13.—(1) An immigration officer may in a Control Zone in France exercise the powers of arrest conferred by [F15 the Immigration Acts] in respect of an offence under that Act or in respect of an offence under that Act as applied by this Order.

(2) Where an immigration officer makes a request to a police officer of the rank of sergeant or above for assistance in arresting a person in a Control Zone in France in respect of an offence under the 1971 Act or in respect of an offence under that Act as applied by article 12(1) of this Order, a constable of the police force of which that officer is a member may in such a Control Zone exercise any power of arrest conferred by the 1971 Act or by the 1984 Act, and any such request shall be recorded in writing at the time it is made or as soon as practicable afterwards.

(3) A constable may in a Control Zone in France exercise any power of arrest conferred by the 1984 Act in respect of an offence as applied by article 12(2) to (5) of this Order which is committed in a Control Zone in France.

(4) Any power conferred by the 1971 Act or the 1984 Act to search an arrested person or a vehicle or to seize anything following an arrest authorised by this article may be exercised as if the person had been arrested in England.

Textual Amendments

F15 Words in art. 13(1) substituted for art. 13(1)(a)(b) (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(6)

Commencement Information

I3 Art. 13 comes into force in accordance with art. 1

Arrested persons held in France U.K.

14.—(1) Where an arrest of any kind provided for by article 13 has been made in a Control Zone in France, the person arrested may be detained in France for a period of not more than 24 hours and, if there are exceptional circumstances and an officer belonging to the French Republic is notified of the extension, for a further such period.

(2) Where a constable exercises a power of arrest pursuant to article 13(2) or (3), the person arrested shall be treated as if the place where he is held were, for the purposes of sections 36(7) and (8), 54, 55, 56, 58 and 61 to 63(1) of the 1984 Act and, in the case of a child or young person, section 34(2) to (7), (8) and (9) of the Children and Young Persons Act 1933, a police station in England, not being a police station designated under section 35 of the 1984 Act.

Commencement Information

I4 Art. 14 comes into force in accordance with art. 1

Arrested persons arriving in the United Kingdom U.K.

15.—(1) Where—

(a) an arrest has been made by a constable or an immigration officer in a Control Zone in France, and

(b) the person arrested enters the United Kingdom while under arrest,

the person arrested shall be taken to a police station.

(2) The person arrested shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and that Part shall have effect in relation to him as if the relevant time mentioned in section 41(2) were the time at which he arrives in the United Kingdom.

Commencement Information

I5 Art. 15 comes into force in accordance with art. 1

Arrests of constables and immigration officers U.K.

16.—(1) This article applies where a constable or an immigration officer is arrested in respect of an act performed in a Control Zone in France.

(2) If the competent French authorities determine that the act was performed by the officer whilst in the exercise of his functions he shall, on being handed over by those authorities to a constable, be treated as having been arrested by the constable.

(3) The officer shall be taken to a police station designated under section 35 of the 1984 Act.

(4) The officer shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and that Part shall have effect in relation to him as if the relevant time mentioned in section 41(2) were the time at which he arrives in the United Kingdom.

Commencement Information

I6 Art. 16 comes into force in accordance with art. 1

(1)

Section 61 was amended by section 168 (2) of, and paragraph 56 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33), by section 78 of the Criminal Justice and Police Act 2001 (c. 16) and by section 107 (1) of, and paragraph 9 of Schedule 7 to, the Police Reform Act 2002; section 62 was amended by sections 54 and 168 of, and Schedule 10 to, the Criminal Justice and Public Order Act 1994 and by section 54 of the Police Reform Act 2002; section 63 was amended by sections 55 and 168 of, and Schedule 10 to, the Criminal Justice and Public Order Act 1994 and by section 107 of, and paragraph 9 of Schedule 7 to, the Police Reform Act 2002.