http://www.legislation.gov.uk/id/uksi/2003/2818

http://www.legislation.gov.uk/uksi/2003/2818/article/5

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

Immigration and nationality

Immigration control

Police

IMMIGRATION

2023-07-02

Statute Law Database

2003-11-04

This Order gives effect to the Treaty between the United Kingdom and France providing for the exercise of immigration control by the authorities of each State in the sea ports of the other State. The ports in question to which the two States have agreed the Treaty should for the time being apply are designated in Schedule 1 to the Order. Within each port the two States have delimited an area comprising a Control Zone within which the immigration authorities of each State will be empowered to exercise immigration control in the territory of the other State. Criminal offences and powers of arrest relating to breaches of immigration control will be extended to the Control Zone and immigration officers may call upon the assistance of the police in exercising these powers. In addition, some offences which are committed by or against immigration officers or the police will apply in the Control Zone. The area comprising the Control Zone has been confirmed through the exchange of diplomatic notes between the two States and a copy can be obtained by writing to the address set out at the end of this Note.

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

art. 3(3)

(4)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(3)

art. 1(2)

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

art. 12(3)

(4)

(4a)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(5)(b)

art. 1(2)

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

art. 12(7)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(5)(d)

art. 1(2)

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

Sch. 2

para. 1(3)(ca)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(a)

art. 1(2)

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

Sch. 2

para. 2(1)(da)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(b)(i)(aa)

art. 1(2)

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

Sch. 2

para. 2(1)(ea)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(b)(i)(bb)

art. 1(2)

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

Sch. 2

para. 2(1)(h)(ii)-(vi)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(b)(i)(ee)

art. 1(2)

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

Sch. 2

para. 2(2)(d)-(h)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(b)(iii)

art. 1(2)

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

Sch. 2

para. 4(ba)

(bb)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(d)(i)

art. 1(2)

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

Sch. 2

para. 4(ca)

(cb)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(d)(ii)

art. 1(2)

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

Sch. 2

para. 4(e)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(d)(iii)

art. 1(2)

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

Sch. 2

para. 5(aa)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(e)(iv)

art. 1(2)

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

Sch. 2

para. 4A

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021

art. 3

art. 1(2)

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

art. 11(1)(f)

(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

art. 2(a)

art. 1

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

art. 12(4A)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

art. 2(b)

art. 1

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

Sch. 2

para. 1A

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

art. 2(c)

art. 1

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

art. 8(2A)

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

Sch. 3

para. 46(3)

Sch. 3

para. 112

reg. 1(2)

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

art. 11(4A)

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

Sch. 3

para. 47(3)

Sch. 3

para. 112

reg. 1(2)

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

art. 11(1)(f)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

art. 2(2)

art. 1(3)

art. 1(2)

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

art. 11(1)(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

art. 2(3)

art. 1(3)

art. 1(2)

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

art. 11(1)(h)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

art. 2(4)

art. 1(3)

art. 1(2)

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

art. 5(3)

The Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005

art. 20

reg. 1(1)

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

PART 2PROVISIONS RELATING TO THE EXERCISE OF POWERS BY FRENCH OFFICERS IN A CONTROL ZONE IN THE UNITED KINGDOM

Detention of arrested persons by a constable5

1

Where—

a

an officer belonging to the French Republic has in a Control Zone in the United Kingdom arrested or detained a person in accordance with article 4 (1), and

b

such an officer so requests,

a constable may make arrangements for the person to be taken into temporary custody.

2

A person taken into temporary custody under paragraph (1)—

a

shall be treated for all purposes as being in lawful custody, and

b

may be taken to a police station or such other place as may be appropriate in the circumstances, and shall in that case be treated as being a person in whose case sections 36(7) and (8), 54, 55, 56 and 58 of the 1984 Act5 and, in the case of a child or young person, section 34(2) to (7), (8) and (9) of the Children and Young Persons Act 19336 apply, and

c

must be returned to an officer belonging to the French Republic before the end of the period referred to in article 4(2), to a place where detention can be resumed under that article.

3

Where a person falls to be treated as mentioned in paragraph (2)(b), section 56 of the 1984 Act shall be taken to apply as if he were detained for a serious arrestable offence.