The Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) Regulations 2001

Application of Part II of the 1999 Act

4.—(1) Subject to the modifications set out in paragraphs (2) to (9), the following provisions apply for that purpose—

• section 32(2) to (5), (7) and (10);

• section 33;

• section 34;

• section 35(1), (2), (6), (7), (8) and (10);

• section 36;

• section 37;

• section 43, to the extent that it defines—

  • “concealed”;

  • “court”;

  • “penalty notice”;

  • “senior officer”; and

  • “train”.

(2) In section 32(2)(b), for “transporter” substitute “rail freight wagon”.

(3) For section 32(5) substitute—

“(5) Each of the following persons is responsible for a clandestine entrant who arrives in the United Kingdom concealed in a train—

(a) the railway operator who, at its last scheduled stop before arrival in the United Kingdom, had the duty of certifying the train as fit to travel to the United Kingdom;

(b) any other railway operator who has entered into an arrangement with that operator under which they share profits or liabilities arising from that train’s journey from the last scheduled stop into the United Kingdom.”.

(4) In section 32(7)(a) and (b), for “transporter” substitute “rail freight wagon”.

(5) In section 33(3), for “passing of this Act” substitute “making of regulations under section 39”.

(6) In section 34(3)(a), for “transporter” substitute “rail freight wagon”, and in section 34(3)(b) for “transporter” substitute “train including that rail freight wagon”.

(7) In section 35(6), omit the words “or who is treated as having had a penalty notice served on him”.

(8) In section 36(1) for “(a) vehicle, (b) small ship, or (c) small aircraft” substitute “transporter”, and after section 36(1) insert—

“(1A) For those purposes, “transporter” means the rail freight wagon in which the clandestine entrant arrived in the United Kingdom.”.

(9) Section 43 is modified as follows—

(a) in the definition of “concealed”, for “vehicle, ship or aircraft” substitute “rail freight wagon”;

(b) for the definition of “train”, substitute that given in regulation 1(3).