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

JurisdictionUK Non-devolved
CitationSI 2021/311
Year2021
(1) This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021.(2) This Order comes into force on the twenty-first day after the day on which it is made.(1) The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (2) In article 2 (interpretation) , after the definition of “immigration control”, insert—
    immigration control enactment” means an Act of Parliament, or an instrument made under such an Act, which contains provision relating to immigration controls;
.
(3) In article 3 (exercise of functions by French officers) , after paragraph (2) insert—
  • (3) Any act or omission which—
  • (a) takes place inside the United Kingdom in a Control Zone,
  • (b) is committed or omitted in relation to an officer belonging to the French Republic carrying out his functions in accordance with paragraph (1) , and
  • (c) would constitute an offence under an immigration control enactment if committed or omitted in relation to an immigration officer,
  • shall be treated for the purposes of that enactment as if it were an act or omission in relation to an immigration officer.
takes place inside the United Kingdom in a Control Zone,is committed or omitted in relation to an officer belonging to the French Republic carrying out his functions in accordance with paragraph (1) , andwould constitute an offence under an immigration control enactment if committed or omitted in relation to an immigration officer,Section 22 of the UK Borders Act 2007 for paragraph (1) substitute—
  • (1) All immigration control enactments shall, for the purpose of enabling immigration officers to carry out immigration controls, have effect within a Control Zone in France, with the modifications set out in Schedule 2 to this Order.
;
All immigration control enactments shall, for the purpose of enabling immigration officers to carry out immigration controls, have effect within a Control Zone in France, with the modifications set out in Schedule 2 to this Order.in paragraph (3) , for the words from “Sections 19B” to “the Race Relations Act 1976” substitute “ The Equality Act 2010 .for paragraph (1) substitute—
  • (1) An act or omission which constitutes an offence under an immigration control enactment shall also be an offence if it takes place in a Control Zone in France.
;
An act or omission which constitutes an offence under an immigration control enactment shall also be an offence if it takes place in a Control Zone in France.omit paragraphs (3) , (4) and (4A) ;in paragraph (6) , for the words from “in the inner London area” to the end of that paragraph substitute “ in the area consisting of the inner London boroughs ”;after paragraph (6) , insert—
  • (7) Any jurisdiction conferred by virtue of this article on any court is without prejudice to any jurisdiction exercisable apart from this article by any French court.
.
Any jurisdiction conferred by virtue of this article on any court is without prejudice to any jurisdiction exercisable apart from this article by any French court.(6) In article 13(1) (powers of arrest and search outside United Kingdom) , for sub-paragraphs (a) and (b) substitute “ the Immigration Acts ”.in paragraph 1 (modification of the Immigration Act 1971 after paragraph 2A(1) insert—
  • (1a) This paragraph also applies to a person who seeks to arrive in the United Kingdom and is in a Control Zone.
This paragraph also applies to a person who seeks to arrive in the United Kingdom and is in a Control Zone.after paragraph (d) , insert—
  • (da) in paragraph 5A omit the words “or 3”;
;
in paragraph 5A omit the words “or 3”;after paragraph (e) , insert—
  • (ea) in paragraph 6A omit the words “or 3” in each place where they occur;
;
in paragraph 6A omit the words “or 3” in each place where they occur;in paragraph (g) , for “omit sub-paragraph (2) ” substitute “ omit sub-paragraphs (2) , (6) (c) and the “and” preceding (6) (c) ”;in paragraph (h) (i) , omit “and”;for paragraph (h) (ii) , substitute—
    (ii) omit sub-paragraphs (2A) , (2B) , (2D) and (2E) ;(iii) in sub-paragraph (2C) , omit paragraphs (b) , (c) and (d) ;(iv) in sub-paragraph (3) , omit paragraphs (a) , (c) and (d) ;(v) in paragraph (4) (a) , omit the words “or aircraft”;(vi) in sub-paragraph (4) , omit paragraphs (c) , (d) and (e) ; and
;
omit sub-paragraphs (2A) , (2B) , (2D) and (2E) ;in sub-paragraph (2C) , omit paragraphs (b) , (c) and (d) ;in sub-paragraph (3) , omit paragraphs (a) , (c) and (d) ;in paragraph (4) (a) , omit the words “or aircraft”;in sub-paragraph (4) , omit paragraphs (c) , (d) and (e) ; andin paragraph 2(2) (c) , for “and 6 to 37” substitute “ , 10 to 20J and 21 to 38 ”;after paragraph 2(2) (c) , insert—
  • (d) in paragraph 6, for the words “or section 41 at a place in England, Wales or Northern Ireland” substitute “ in a Control Zone ”;
  • (e) in paragraph 7, for the words “or section 41 in England, Wales or Northern Ireland” substitute “ in a Control Zone ”;
  • (f) in paragraph 7A, omit the words “or 3” both times they occur;
  • (g) in paragraph 8—(i) in sub-paragraph (1) , omit the words “Subject to sub-paragraph (2) ,”;(ii) omit sub-paragraph (2) ;
  • (h) in sub-paragraph (7) of...
in paragraph 6, for the words “or section 41 at a place in England, Wales or Northern Ireland” substitute “ in a Control Zone ”;in paragraph 7, for the words “or section 41 in England, Wales or Northern Ireland” substitute “ in a Control Zone ”;in paragraph 7A, omit the words “or 3” both times they occur;in sub-paragraph (1) , omit the words “Subject to sub-paragraph (2) ,”;omit sub-paragraph (2) ;in sub-paragraph (7) of

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