Valid from 06/12/1999

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)

Clandestine entrants U.K.

32 Penalty for carrying clandestine entrants. U.K.

(1) A person is a clandestine entrant if—

(a) he arrives in the United Kingdom concealed in a vehicle, ship or aircraft,

(b) he passes, or attempts to pass, through immigration control concealed in a vehicle, or

(c) he arrives in the United Kingdom on a ship or aircraft, having embarked—

(i) concealed in a vehicle; and

(ii) at a time when the ship or aircraft was outside the United Kingdom,

and claims, or indicates that he intends to seek, asylum in the United Kingdom or evades, or attempts to evade, immigration control.

(2) The person (or persons) responsible for a clandestine entrant is (or are together) liable to—

(a) a penalty of the prescribed amount in respect of the clandestine entrant; and

(b) an additional penalty of that amount in respect of each person who was concealed with the clandestine entrant in the same transporter.

(3) A penalty imposed under this section must be paid to the Secretary of State before the end of the prescribed period.

(4) Payment of the full amount of a penalty by one or more of the persons responsible for the clandestine entrant discharges the liability of each of the persons responsible for that entrant.

(5) In the case of a clandestine entrant to whom subsection (1)(a) applies, each of the following is a responsible person—

(a) if the transporter is a ship or aircraft, the owner or captain;

(b) if it is a vehicle (but not a detached trailer), the owner, hirer or driver of the vehicle;

(c) if it is a detached trailer, the owner, hirer or operator of the trailer.

(6) In the case of a clandestine entrant to whom subsection (1)(b) or (c) applies, each of the following is a responsible person—

(a) if the transporter is a detached trailer, the owner, hirer or operator of the trailer;

(b) if it is not, the owner, hirer or driver of the vehicle.

(7) Subject to any defence provided by section 34, it is immaterial whether a responsible person knew or suspected—

(a) that the clandestine entrant was concealed in the transporter; or

(b) that there were one or more other persons concealed with the clandestine entrant in the same transporter.

(8) Subsection (9) applies if a transporter (“the carried transporter”) is itself being carried in or on another transporter.

(9) If a person is concealed in the carried transporter, the question whether any other person is concealed with that person in the same transporter is to be determined by reference to the carried transporter and not by reference to the transporter in or on which it is carried.

(10) “Immigration control” means United Kingdom immigration control and includes any United Kingdom immigration control operated in a prescribed control zone outside the United Kingdom.

Modifications etc. (not altering text)

C2 S. 32(2)-(5)(7)(10) 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)

Commencement Information

I1 S. 32 partly in force; s. 32 not in force at Royal Assent, see s. 170(4); s. 32(2)(a)(3)(10) in force for certain purposes at 6.12.1999 by S.I. 1999/3190, art. 2, Sch.; s. 32 in force for certain purposes at: 3.4.2000 by S.I. 2000/464, art. 2, Sch.; 18.9.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)