Immigration and Asylum Act 1999 (c. 33)

Part II U.K. Carriers’ Liability

Modifications etc. (not altering text)

C1 Pt. II (ss. 32-43) modified (7.2.2001 for certain purposes and otherwise 1.3.2001) by S.I. 2001/280, arts. 1, 2 (with art. 5)

Interpretation U.K.

43 Interpretation of Part II. U.K.

In this Part—

• “aircraft” includes hovercraft;

• “captain” means the master of a ship or commander of an aircraft;

• “concealed” includes being concealed in any freight, stores or other thing carried in or on the vehicle, ship or aircraft concerned;

• “court” means—

  (a)

  in England and Wales, the county court or the High Court;

  (b)

  in Scotland, the sheriff or the Court of Session;

  (c)

  in Northern Ireland, the county court or the High Court;

• “detached trailer” means a trailer, semi-trailer, caravan or any other thing which is designed or adapted for towing by a vehicle but which has been detached for transport—

  (a)

  in or on the vehicle concerned; or

  (b)

  in the ship or aircraft concerned (whether separately or in or on a vehicle);

• “equipment”, in relation to an aircraft, includes—

  (a)

  any certificate of registration, maintenance or airworthiness of the aircraft;

  (b)

  any log book relating to the use of the aircraft; and

  (c)

  any similar document;

• “hirer”, in relation to a vehicle, means any person who has hired the vehicle from another person;

• “operating weight”, in relation to an aircraft, means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances, in accordance with the certificate of airworthiness in force in respect of the aircraft;

• “owner” includes—

  (a)

  in relation to a ship or aircraft, the agent or operator of the ship or aircraft; and

  (b)

  in relation to a road passenger vehicle, the operator of the vehicle; and

  in relation to a transporter which is the subject of a hire-purchase agreement, includes the person in possession of it under that agreement;

• “penalty notice” has the meaning given in section 35(2);

• “rail freight wagon” has such meaning as may be prescribed;

• “senior officer” means an immigration officer not below the rank of chief immigration officer;

• “ship” includes every description of vessel used in navigation;

• “small aircraft” means an aircraft which has an operating weight of less than 5,700 kilogrammes;

• “small ship” means a ship which has a gross tonnage of less than 500 tonnes;

• “train” means a train which—

  (a)

  is engaged on an international service as defined by section 13(6) of the M1 Channel Tunnel Act 1987; but

  (b)

  is not a shuttle train as defined by section 1(9) of that Act;

• “train operator”, in relation to a person arriving in the United Kingdom on a train, means the operator of trains who embarked that person on that train for the journey to the United Kingdom;

• “transporter” means a vehicle, ship or aircraft together with—

  (a)

  its equipment; and

  (b)

  any stores for use in connection with its operation;

• “vehicle” includes a trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle.

Modifications etc. (not altering text)

C2 S. 43 applied (with modifications) (7.2.2001 for certain purposes and otherwise 1.3.2001) by S.I. 2001/280, arts. 1-4 (with art. 5)

Marginal Citations

M1 1987 c. 53.