39 Rail freight.U.K.
(1)The Secretary of State may make regulations applying (with or without modification) any provision of this Part for the purpose of enabling penalties to be imposed in respect of a person (“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 in the United Kingdom or evades, or attempts to evade, immigration control.
(2)The regulations may, in particular, make provision—
(a)enabling additional penalties to be imposed in respect of persons concealed with the clandestine entrant;
(b)as to which person is (or which persons are together) liable to penalties in respect of the clandestine entrant;
(c)for conferring on a senior officer a power to detain any relevant rail freight wagon in prescribed circumstances;
(d)for conferring on the Secretary of State a power to sell in prescribed circumstances a rail freight wagon which has been detained.
(3)Before making any regulations under this section, the Secretary of State must consult, in the way he considers appropriate, persons appearing to him to be likely to be affected by the imposition of penalties under the regulations.