The Carriers' Liability (Amendment) Regulations 2004

Statutory Instruments

2004 No. 244

IMMIGRATION AND ASYLUM

The Carriers' Liability (Amendment) Regulations 2004

Made

3rd February 2004

Laid before Parliament

6th February 2004

Coming into force

1st March 2004

The Secretary of State, in exercise of his powers under section 32(10) and 166(3) of the Immigration and Asylum Act 1999(1), having regard to the definition of “prescribed” in section 167(1), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Carriers' Liability (Amendment) Regulations 2004, and shall come into force on 1st March 2004.

Amendment of the Carriers' Liability Regulations 2002

2.  Regulation 5 of the Carriers' Liability Regulations 2002(2) (clandestine entrants: prescribed control zone) is amended as follows—

(a) for paragraph (1) substitute—

“—

(1) The following control zones outside the United Kingdom are prescribed for the purposes of section 32(10) of the Act—

(a) that part of the territory of France situated at Coquelles which is a control zone for the purposes of the International Articles or the Tripartite Articles; and

(b) that part of the territory of France within a port designated in Schedule 1 to the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003(3) in which immigration officers exercise immigration control pursuant to the Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning the Implementation of Frontier Controls at the Sea Ports of Both Countries on the Channel and North Sea(4).”.

(b) in paragraph (2), for the words “In paragraph (1)” substitute “In paragraph (1) (a)”.

Beverley Hughes

Minister of State

Home Office

3rd February 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 5 of the Carriers' Liability Regulations 2002 (“the 2002 Regulations”). Regulation 5 of the 2002 Regulations prescribed a control zone outside the United Kingdom for the purposes of section 32(10) of the Immigration and Asylum Act 1999 (penalty for carrying clandestine entrants) (“the 1999 Act”). These Regulations prescribe additional control zones outside the United Kingdom for the purposes of section 32(10) of the 1999 Act.

A copy of a plan of the area comprising the control zones which have been prescribed for the purposes of section 32(10) of the 1999 Act can be obtained by writing to: “UK Immigration Service—South East District, No. 1 Control Building, Eastern Docks, Dover, Kent CT16 1JD”.

(1)

1999 c. 33.

(2)

S.I. 2002/2817.

(3)

S.I. 2003/2818.

(4)

Cm 5832.