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

JurisdictionUK Non-devolved
CitationSI 2021/311

2021 No. 311

Immigration

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

Made 10th March 2021

Coming into force 31th March 2021

The Secretary of State, in exercise of the powers conferred by section 141 of the Nationality, Immigration and Asylum Act 20021, makes the following Order.

The Secretary of State has consulted with such people as appear to her to be appropriate in accordance with section 141(5)(b) of the Nationality, Immigration and Asylum Act 2002.

In accordance with section 141(5)(c) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

S-1 Citation and commencement

Citation and commencement

1.—(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.

S-2 Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

2.—(1) The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 20032is amended as follows.

(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—

S-3

“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.

S-4

4 Section 22 of the UK Borders Act 20073(assaulting an immigration officer) is modified for the purposes of paragraph (3) so that the reference in subsection (1) of that section to an immigration officer includes a reference to an officer belonging to the French Republic carrying out his functions in accordance with paragraph (1).”.

(4) In article 11 (enactments having effect in a Control Zone in France)—

(a)

(a) for paragraph (1) substitute—

S-1

“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.”;

(b)

(b) in paragraph (3), for the words from “Sections 19B” to “the Race Relations Act 1976” substitute “The Equality Act 20104.

(5) In article 12 (application of criminal law to a Control Zone in France)—

(a)

(a) for paragraph (1) substitute—

S-1

“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.”;

(b)

(b) omit paragraphs (3), (4) and (4A);

(c)

(c) 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”;

(d)

(d) after paragraph (6), insert—

S-7

“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.”.

(6) In article 13(1) (powers of arrest and search outside United Kingdom), for sub-paragraphs (a) and (b) substitute “the Immigration Acts”.

(7) In Schedule 2 (modification of applied enactments)—

(a)

(a) in paragraph 1 (modification of the Immigration Act 19715), after sub-paragraph (3)(c) insert—

“(ca)

“(ca) 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.”;”

(b)

(b) in paragraph 2 (modification of the Terrorism Act 20006)—

(i) in sub-paragraph (1)—

(aa) after paragraph (d), insert—

“(da)

“(da) in paragraph 5A omit the words “or 3”;”;

(bb) after paragraph (e), insert—

“(ea)

“(ea) in paragraph 6A omit the words “or 3” in each place where they occur;”;

(cc) in paragraph (g), for “omit sub-paragraph (2)” substitute “omit sub-paragraphs (2), (6)(c) and the “and” preceding (6)(c)”;

(dd) in paragraph (h)(i), omit “and”;

(ee) for paragraph (h)(ii), substitute—

“(ii)

“(ii) omit sub-paragraphs (2A), (2B), (2D) and (2E);

(iii)

(iii) in sub-paragraph (2C), omit paragraphs (b), (c) and (d);

(iv)

(iv) in sub-paragraph (3), omit paragraphs (a), (c) and (d);

(v)

(v) in paragraph (4)(a), omit the words “or aircraft”;

(vi)

(vi) in sub-paragraph (4), omit paragraphs (c), (d) and (e); and”;

(ii) in paragraph 2(2)(c), for “and 6 to 37” substitute “, 10 to 20J and 21 to 38”;

(iii) after paragraph 2(2)(c), insert—

“(d)

“(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)

(e) in paragraph 7, for the words “or section 41 in England, Wales or Northern Ireland” substitute “in a Control Zone”;

(f)

(f) in paragraph 7A, omit the words “or 3” both times they occur;

(g)

(g) in paragraph 8—

(i) in sub-paragraph (1), omit the words “Subject to sub-paragraph (2),”;

(ii) omit sub-paragraph (2);

(h)

(h) in sub-paragraph (7) of paragraph 20K, omit paragraph (c) and the “and” preceding it.”

(c)

(c) for paragraph 3 (modification of the Code of Practice for examining officers under the Terrorism Act 2000) substitute—

“In the Code of Practice entitled “Examining Officers and Review Officers under Schedule 7 to the Terrorism Act 2000” published on 13th August 20207

(a)

(a) in paragraph 1, after “at a port or the border area in Northern Ireland” insert “or in a Control Zone”;

(b)

(b) after paragraph 8, insert—

“(8A) For the purposes of this code, “Control Zone” means a Control Zone in France in which immigration officers exercise immigration control in pursuance of 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 Sea8.”;

(c)

(c) in paragraph 9, after “at ports or in the border area” insert “or in a Control Zone”;

(d)

(d) in paragraph 27, after “at a port or in the border area in Northern Ireland” insert “or in a Control Zone”;

(e)

(e) in the heading immediately before paragraph 92, after the words “Northern Ireland” insert “or in a Control Zone”;

(f)

(f) in paragraph 136, at the end insert—

“In respect of goods which have arrived in or are about to leave a Control Zone on a ship or in a vehicle”;

(g)

(g) in paragraph 137, after the words “at a port”, insert “or in a Control Zone”;”;

(d)

(d) in paragraph 4 (modification of the Immigration (Leave to Enter and Remain) Order 20009)—

(i) after sub-paragraph (b), insert—

“(ba)

“(ba) in article 4(2B)—

(i) after the words “on arrival in the United Kingdom”, insert “or entry into a Control Zone”,

(ii) after the words “before arrival”, insert “or entry into a Control Zone”,

(iii) after the words “arrives in the United Kingdom”, insert “or enters a Control Zone”;

(bb)

(bb) in...

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