Section 39: Rail freight
140.Section 39 makes provision to enable the civil penalty to be extended so as to apply to those responsible for bringing clandestine entrants into the United Kingdom on freight trains.
141.Subsection (1) provides that the Secretary of State can make regulations to so extend the civil penalty. The regulations may apply (with or without modification) any provision in Part II of the Act for the purpose of enabling penalties to be imposed in respect of a clandestine entrant who (a) arrives in the United Kingdom concealed in a rail freight wagon and (b) claims or indicates that he intends to seek asylum or evades, or attempts to evade, the immigration control.
142.Subsection (2) sets out what issues in particular may be covered by the regulations. These include enabling an additional penalty to be imposed in respect of persons concealed with the clandestine entrant; to make provision as to which person or persons are liable to the civil penalty in respect of a clandestine entrant; to make provision for the detention of any particular rail freight wagon; and to take a power to sell a detained freight wagon.
143.Subsection (3) requires that the Secretary of State must consult the rail freight industry before making regulations under this section.
