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

Enactments having effect in a Control Zone in FranceU.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) [F2The 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) [F3The UK GDPR and the Data Protection Act 2018 (“the 2018 Act”)] shall have effect in relation to data which [F4is] 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 [F5Article 3 of the UK GDPR and section 207 of the 2018 Act], the data were processed by a [F6controller] established in the United Kingdom in the context of [F7the 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

Commencement Information

I1Art. 11 comes into force in accordance with art. 1