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The Nationality and Borders Act 2022 (Commencement No. 4 and Transitional Provision) Regulations 2023

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force provisions of the Nationality and Borders Act 2022 (c. 36) (“the 2022 Act”). They are the fourth set of commencement regulations to be made under the 2022 Act.

Regulation 2 provides for the coming into force of certain provisions in Schedule 5 to the 2022 Act (penalty for failure to secure goods vehicle etc) which amends Part 2 of the Immigration and Asylum Act 1999 (c. 33) (carriers’ liability). In particular, provisions are commenced which allow for the imposition of penalties on a person responsible for a goods vehicle which is not adequately secured against unauthorised access, and which amend the regime which allows for the imposition of penalties on persons who carry clandestine entrants into the United Kingdom in a vehicle. Provision is also made for matters related to such penalties.

Regulation 3 brings into force sections 60 to 65, 68 and (so far as not already in force) section 69 of the 2022 Act. These provisions relate to slavery and human trafficking.

Regulation 4 makes a transitional provision so that the amendments of the 1999 Act brought into force by these Regulations do not apply to penalties in respect of conduct which took place before 13th February 2023.

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