Nationality, Immigration and Asylum Act 2002, Paragraph 6 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
6(1)Section 34 (defence) shall be amended as follows.U.K.
(2)For subsection (1) substitute—
“(1)A person (“the carrier”) shall not be liable to the imposition of a penalty under section 32(2) if he has a defence under this section.”
(3)In subsection (3)(c) omit the first “that”.
(4)After subsection (3) insert—
“(3A)It is also a defence for the carrier to show that—
(a)he knew or suspected that a clandestine entrant was or might be concealed in a rail freight wagon, having boarded after the wagon began its journey to the United Kingdom;
(b)he could not stop the train or shuttle-train of which the wagon formed part without endangering safety;
(c)an effective system for preventing the carriage of clandestine entrants was in operation in relation to the train or shuttle-train; and
(d)on the occasion in question the person or persons responsible for operating the system did so properly.”
(5)Omit subsection (5).
(6)For subsection (6) substitute—
“(6)Where a person has a defence under subsection (2) in respect of a clandestine entrant, every other responsible person in respect of the clandestine entrant is also entitled to the benefit of the defence.”
Commencement Information
I1Sch. 8 para. 6 partly in force; Sch. 8 para. 6 not in force at Royal Assent see s. 162(2); Sch. 8 para. 6 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I2Sch. 8 para. 6 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I3Sch. 8 para. 6 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)
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