Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003 Draft |
| Year | 2003 |
Draft Order laid before Parliament under section 141(5)(c) of the Nationality, Immigration and Asylum Act 2002, for approval by resolution of each House of Parliament.
2003No.
IMMIGRATION
Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
2003
Whereas the Secretary of State has consulted with such persons as appear to him to be appropriate;
And whereas a draft of this Order has been approved by a resolution of each House of Parliament;
Now, therefore, in exercise of the powers conferred on him by section 141 of the Nationality, Immigration and Asylum Act 2002( 1), the Secretary of State hereby makes the following Order:
PART 1
INTRODUCTION
Citation and commencement
1. - (1) This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003.
(2) Save for article 10 of this Order which shall come into force on the day after the day on which the Order is made, this Order shall come into force on the date on which 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( 2) enters into force.
Interpretation
2. In this Order, and in any enactment applied with modifications by Schedule 2 to this Order -
"Control Zone" means the part of the territory of the State of Departure within a port designated in Schedule 1 to this Order within which the officers of the State of Arrival are authorised to carry out immigration control under the Treaty;
"immigration control" means arrangements made in connection with the movement of persons into or out of the United Kingdom or another State and includes the investigation of offences relating to immigration;
"immigration officer" means an officer appointed by the Secretary of State under paragraph 1 of Schedule 2 to the 1971 Act;
"officer belonging to the French Republic" means an officer given responsibility by the Government of the French Republic for the exercise of immigration control in accordance with the Treaty;
"State of Departure" means the State upon whose territory the immigration control of the other State is carried out, and "State of Arrival" means the other State;
"the 1971 Act" means the Immigration Act 1971( 3);
"the 1984 Act" means the Police and Criminal Evidence Act 1984( 4); and
"Treaty" means the Treaty mentioned in article 1 (2).
PART 2
PROVISIONS RELATING TO THE EXERCISE OF POWERS BY FRENCH OFFICERS IN A CONTROL ZONE IN THE UNITED KINGDOM
Exercise of functions by French officers
3. - (1) An officer belonging to the French Republic shall be permitted to carry out his functions in a Control Zone in the United Kingdom in application of his powers relating to immigration control.
(2) The offence in section 26 (1)(g) of the 1971 Act of obstructing, without reasonable excuse, an immigration officer or other person lawfully acting in the execution of the 1971 Act shall apply to an officer belonging to the French Republic carrying out his functions in accordance with paragraph (1) as it applies to such an immigration officer or other person.
Powers of arrest and detention by French officers
4. - (1) An officer belonging to the French Republic may arrest and hold for questioning in a Control Zone in the United Kingdom a person who is being examined for the purposes of immigration control.
(2) The arrested person may be detained for a period of not more than 24 hours and, if there are exceptional circumstances and an immigration officer or a constable is notified of the extension, for a further such period.
Detention of arrested persons by a constable
5. - (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 Act( 5) 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 1933( 6) 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.
Immunity from prosecution
6. An officer belonging to the French Republic shall not be prosecuted for any offence committed in the exercise of his functions in a Control Zone in the United Kingdom.
Arrest of French officer
7. - (1) Where an officer belonging to the French Republic is arrested for an act performed in a Control Zone in the United Kingdom, the officer shall be taken to a police station designated under section 35 of the 1984 Act( 7).
(2) The custody officer at the police station to which the officer is taken shall, after consultation with the competent French authorities, determine whether the act was performed by the officer whilst in the exercise of his functions, and may for the purpose of determining that question detain the officer at the police station for not longer than the permitted period.
(3) The permitted period is the period of 48 hours beginning at the time at which the officer arrives at the police station.
(4) Subject to paragraph (6), the officer shall be treated -
(a) as not being detained at the police station for the purposes of section 37 of the 1984 Act( 8), and(b) as not being in police detention for the purposes of sections 40 to 43 of the 1984 Act( 9).(5) Where the custody officer determines that the act was performed by the officer whilst in the exercise of his functions, he shall immediately inform the competent French authorities and shall make arrangements within the permitted period for the transfer of the officer to France.
(6) In any other case -
(a) the custody officer shall immediately inform the officer of his determination,(b) the officer shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and(c) that Part shall have effect in relation to him as if the relevant time mentioned in section 41(2) were the time at which he is informed of the determination.Disapplication of law of England and Wales
8. - (1) The law of England and Wales shall not have effect in relation to any claim for compensation which may be alleged against, or by, an officer belonging to the French Republic for loss or injury in the exercise of his functions in a Control Zone in the United Kingdom and any such claim shall be subject to the law of the French Republic as if the circumstances giving rise to the claim had occurred in France.
(2) The Data Protection Act 1998( 10) shall not have effect in relation to data which are processed within a Control Zone in the United Kingdom in connection with the carrying out of immigration control by an officer belonging to the French Republic.
(3) No charge shall be payable under section 40(2) of the Immigration and Asylum Act 1999( 11) (charge in respect of passenger without proper documents) by the owner of a ship in respect of any individual who is shown by the owner to have embarked on the ship for the voyage to the United Kingdom after having passed through a Control Zone in France.
Carrying of firearms by French officers
9. Section 54(3) of the Firearms Act 1968( 12) (application to Crown servants) shall have effect in relation to an officer belonging to the French Republic exercising his functions within a Control Zone in the United Kingdom as if the reference to a member of a police force included a reference to such an officer.
Provision of facilities for French officers
10. The Secretary of State may by written notice require any person concerned with the management of a port in the United Kingdom which is designated in Schedule 1 to this Order to provide free of charge such accommodation, installations and equipment as may be necessary to enable officers belonging to the French Republic to perform their functions in a Control Zone in the United Kingdom.
PART 3
PROVISIONS RELATING TO THE EXERCISE OF POWERS BY UNITED KINGDOM IMMIGRATION OFFICERS AND CONSTABLES IN A CONTROL ZONE IN FRANCE
Enactments having effect in a Control Zone in France
11. - (1) For the purpose of enabling immigration officers to exercise immigration control in a Control Zone in France, the following shall have effect in relation to a person in a Control Zone in France, or anything done in that Zone, with the modifications set out in Schedule 2 to this Order -
(a) the 1971 Act( 13);(b) Schedules 7, 8 and 14 to the Terrorism Act 2000( 14);(c) the Code of Practice for examining officers under The Terrorism Act 2000( 15);(d) the Immigration (Leave to Enter and Remain) Order 2000( 16); and(e) the Immigration (European Economic Area) Regulations 2000( 17).(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.
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