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The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
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The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003, Section 11 is up to date with all changes known to be in force on or before 07 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.
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- art. 10A inserted by S.I. 2024/1085 art. 2(2)
Enactments having effect in a Control Zone in FranceU.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) [F2The 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) [F3The UK GDPR and the Data Protection Act 2018 (“the 2018 Act”)] shall have effect in relation to data which [F4is] 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 [F5Article 3 of the UK GDPR and section 207 of the 2018 Act], the data were processed by a [F6controller] established in the United Kingdom in the context of [F7the 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
F1Art. 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)
F2Words 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)
F3Words 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)
F4Word 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)
F5Words 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)
F6Word 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)
F7Words 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)
F8Art. 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
I1Art. 11 comes into force in accordance with art. 1
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