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Nationality, Immigration and Asylum Act 2002

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Changes over time for: Paragraph 9

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Changes to legislation:

Nationality, Immigration and Asylum Act 2002, Paragraph 9 is up to date with all changes known to be in force on or before 20 November 2024. 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. Help about Changes to Legislation

This section has no associated Explanatory Notes

9(1)Section 36 (detention of vehicle) shall be amended as follows.U.K.

(2)In subsection (1)—

(a)for “given” substitute “ issued ”,

(b)after paragraph (b) omit “or”, and

(c)after paragraph (c) insert or

(d)rail freight wagon,.

(3)After subsection (2) insert—

(2A)A vehicle may be detained under subsection (1) only if—

(a)the driver of the vehicle is an employee of its owner or hirer,

(b)the driver of the vehicle is its owner or hirer, or

(c)a penalty notice is issued to the owner or hirer of the vehicle.

(2B)A senior officer may detain a relevant vehicle, small ship, small aircraft or rail freight wagon pending—

(a)a decision whether to issue a penalty notice,

(b)the issue of a penalty notice, or

(c)a decision whether to detain under subsection (1).

(2C)That power may not be exercised in any case—

(a)for longer than is necessary in the circumstances of the case, or

(b)after the expiry of the period of 24 hours beginning with the conclusion of the first search of the vehicle, ship, aircraft or wagon by an immigration officer after it arrived in the United Kingdom.

Commencement Information

I1Sch. 8 para. 9 partly in force; Sch. 8 para. 9 not in force at Royal Assent see s. 162(2); Sch. 8 para. 9 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.

I2Sch. 8 para. 9 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2

I3Sch. 8 para. 9 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

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