The Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015

JurisdictionUK Non-devolved

2015No. 856

IMMIGRATION

The Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015

23rdMarch2015

25thMarch2015

16thApril2015

The Secretary of State makes the following Order in exercise of the powers conferred by section 11 of the Channel Tunnel Act 1987( 1).

Citation and commencement

1. This Order may be cited as the Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015 and comes into force on 16th April 2015.

Amendments to the Channel Tunnel (International Arrangements) Order 1993

2. The Channel Tunnel (International Arrangements) Order 1993( 2) is amended as follows.

3.-(1) Before paragraph 2 of Schedule 3, in the heading, after "arrest" insert "and detention".

(2) After paragraph 2(3) of Schedule 3, insert-

"(3A) An immigration officer may exercise the power of detention conferred by section 2(1) of the UK Borders Act 2007( 3) in a control zone in France in respect of- (a) an individual who the immigration officer thinks might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984( 4) for an act or omission which would constitute an offence under a frontier control enactment if it had taken place in England, or(b) an individual subject to a warrant for arrest who is sought by the United Kingdom authorities.(3B) An immigration officer may exercise the power of detention conferred by section 2(1) of the UK Borders Act 2007 in a supplementary control zone in France in respect of-(a) an individual who an immigration officer thinks might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 for an act or omission which would constitute an offence under an immigration control enactment if it had taken place in England, or(b) an individual subject to a warrant for arrest who is sought by the United Kingdom authorities."

4. After paragraph 5 of Schedule 4, insert-

"UK Borders Act 2007

6.

-(1) In the UK Borders Act 2007 in section 2 (detention)-(a) in subsection (1)-(i) omit "in England, Wales or Northern Ireland";(ii) omit "or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 ( SI 1989/1341 (NI 12))";(iii) after paragraph (a), insert-(aa) might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act...

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