The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Enactments having effect in a Control Zone in France U.K.

11.— [F1 (1) All immigration control enactments shall, for the purpose of enabling immigration officers to carry out immigration controls, have effect within a Control Zone in France, with the modifications set out in Schedule 2 to this Order.]

(2) Paragraphs 2 (powers and duties of detainee custody officers) and 3 (short-term holding facilities) of Schedule 11, and paragraph 2 of Schedule 13 (powers and duties of detainee custody officers), to the Immigration and Asylum Act 1999 shall have effect in relation to a detainee custody officer in a Control Zone in France as they have effect in relation to such an officer in the United Kingdom and, in the definition of “short-term holding facility” in section 147 of that Act, the reference to “a place” includes a place in a Control Zone in France.

(3) [F2 The Equality Act 2010] shall have effect in relation to immigration officers carrying out their functions in a Control Zone in France as they have effect in relation to such officers carrying out their functions in England and Wales and Scotland.

(4) [F3 The UK GDPR and the Data Protection Act 2018 (“the 2018 Act”)] shall have effect in relation to data which [F4 is] processed in a Control Zone in France in connection with the carrying out of immigration control by an immigration officer or a constable, or the exercise of a power of arrest by a constable under article 13 (3) of this Order, as if, for the purposes of [F5 Article 3 of the UK GDPR and section 207 of the 2018 Act], the data were processed by a [F6 controller] established in the United Kingdom in the context of [F7 the activities of] that establishment.

[F8 (4A) In paragraph (4), “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.]

(5) The law of England and Wales shall have effect in relation to any claim for compensation which may be alleged against, or by, a constable or an immigration officer for loss or injury in the exercise of his functions in a Control Zone in France as if the circumstances giving rise to the claim had occurred in England.

Textual Amendments

F1 Art. 11(1) substituted (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(4)(a)

F2 Words in art. 11(3) substituted (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(4)(b)

F3 Words in art. 11(4) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 47(2)(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in art. 11(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 296(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F5 Words in art. 11(4) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 47(2)(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in art. 11(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 296(d) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F7 Words in art. 11(4) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 296(e) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F8 Art. 11(4A) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 47(3) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Art. 11 comes into force in accordance with art. 1