2.—(1) The principal Regulations shall be amended as follows.
(2) After regulation 2, insert—
2A.—(1) In this regulation, “the rail freight Regulations” means the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) Regulations 2001(1).
(2) To the extent (and with the modification) set out in the Schedule to these Regulations, these Regulations apply in relation to a penalty imposed under section 32 of the Act as applied by regulations 3 and 4 of the rail freight Regulations(2).
(3) Where these Regulations apply in accordance with paragraph (2), any reference in these Regulations to a provision of the Act is to that provision as applied (with or without modification) by the rail freight Regulations.”.
(3) At the end of the principal Regulations, insert—
regulation 2A
1. Subject to the modification set out in paragraph 2 below, the following provisions of these Regulations apply—
regulation 2;
regulation 3;
regulation 4;
regulation 6;
regulation 8 (except paragraphs (1)(b)(ii) and (2)(b));
regulation 9 (except paragraph (1)(c)(ii));
regulation 10 (except paragraph (d));
regulation 11.
2. In regulation 2, replace “section 32(1)” by “section 39(1)”.”.
S.I. 2001/280.
By virtue of regulations 3 and 4, a railway operator may be liable to a penalty in relation to a person 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.