SCHEDULES
SCHEDULE 8Carriers’ Liability
I16
1
Section 34 (defence) shall be amended as follows.
2
For subsection (1) substitute—
1
A person (“the carrier”) shall not be liable to the imposition of a penalty under section 32(2) if he has a defence under this section.
3
In subsection (3)(c) omit the first “that”.
4
After subsection (3) insert—
3A
It is also a defence for the carrier to show that—
a
he knew or suspected that a clandestine entrant was or might be concealed in a rail freight wagon, having boarded after the wagon began its journey to the United Kingdom;
b
he could not stop the train or shuttle-train of which the wagon formed part without endangering safety;
c
an effective system for preventing the carriage of clandestine entrants was in operation in relation to the train or shuttle-train; and
d
on the occasion in question the person or persons responsible for operating the system did so properly.
5
Omit subsection (5).
6
For subsection (6) substitute—
6
Where a person has a defence under subsection (2) in respect of a clandestine entrant, every other responsible person in respect of the clandestine entrant is also entitled to the benefit of the defence.