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The Nationality, Immigration and Asylum Act 2002 (Commencement No. 15) Order 2023

As Enacted Cited authorities 17 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2023/32
Year2023

2023 No. 32 (C. 1)

Immigration And Asylum

The Nationality, Immigration and Asylum Act 2002 (Commencement No. 15) Order 2023

Made 12th January 2023

The Secretary of State makes this Order in exercise of the powers conferred by section 162(1) and (6) of the Nationality, Immigration and Asylum Act 20021.

S-1 Citation, interpretation and extent

Citation, interpretation and extent

1.—(1) This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 15) Order 2023.

(2) In this Order, “the 1999 Act” means the Immigration and Asylum Act 19992.

(3) This Order extends to England and Wales, Scotland and Northern Ireland.

S-2 Provisions coming into force on 13th February 2023

Provisions coming into force on 13th February 2023

2.—(1) To the extent they are not already in force, the following provisions of the Nationality, Immigration and Asylum Act 2002 come into force on 13th February 2023 for the purposes mentioned in paragraph (2)—

(a)

(a) section 125 (carriers’ liability); and

(b)

(b) Schedule 8 (penalty for failure to secure goods vehicle etc).

(2) Those purposes are—

(a)

(a) the imposition of a penalty under section 31A of the 1999 Act (penalty for failure to secure goods vehicle etc)3;

(b)

(b) the imposition of a penalty under section 32 of the 1999 Act (penalty for carrying clandestine entrants)4on a person responsible for a clandestine entrant within the meaning of subsection (1)(c) of that section; and

(c)

(c) related matters as set out in sections 31A to 37 and section 43 of the 1999 Act5in relation to the imposition of penalties in so far as they relate to purposes set out in sub-paragraphs (a) and (b).

Robert Jenrick

Minister of State

Home Office

12th January 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the 15th commencement order made under the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”).

This Order brings into force section 125 of, and Schedule 8 to, the 2002 Act on 13th February 2023, in respect of penalties imposed under section 31A of the Immigration and Asylum Act 1999 (“the 1999 Act”) for the failure to secure a goods vehicle and in respect of penalties imposed in relation to individuals falling within the meaning of section 32(1)(c) of the 1999 Act, who have arrived in the United Kingdom on a ship or aircraft, having embarked concealed in a vehicle at a time when the ship or aircraft was outside the United Kingdom, and claim, or indicate that they intend to seek, asylum in the United Kingdom or evade, or attempt to evade, immigration control. Provision is also made for matters related to such penalties.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I. No.

Section 1(1) and (2) (in part)

1st November 2005

2005/2782

Section 1(1) and (2) (so far as not already in force)

1st May 2006

2005/2782

Section 1(3) and (4)

6th July 2004

2004/1707

Section 2

28th July 2004

2004/1707

Section 3 and Schedule 1

1st January 2004

2003/3156

Section 4

1st April 2003

2003/754

Section 9 (in part)

5th June 2006

2006/1498

Section 9 (so far as not already in force)

1st July 2006

2006/1498

Section 10 (in part)

21st December 2006

2006/3144

Sections 12 and 13

30th April 2003

2003/754

Section 14

1st January 2004

2003/3156

Section 18 (in part)

8th January 2003

2003/1

Section 18 (in part)

10th February 2003

2003/1

Section 54 and Schedule 3 (in part)

8th December 2002

2002/2811

Section 54 and Schedule 3 (so far as not already in force)

8th January 2003

2002/2811

Section 55

8th January 2003

2002/2811

Section 57

8th December 2002

2002/2811

Section 60

10th February 2003

2003/1

Sections 62 to 66

10th February 2003

2003/1

Section 68 (in part)

10th February 2003

2003/1

Section 68 (so far as not already in force)

1st April 2003

2003/754

Section 71

10th February 2003

2003/1

Section 72 (in part)

10th February 2003

2003/1

Section 72 (so far as not already in force)

1st April 2003

2003/754

Sections 73 to 76

10th February 2003

2003/1

Sections 77 to 79

1st April 2003

2003/754

Section 80 (in part)

8th December 2002

2002/2811

Section 80 (so far as not already in force)

1st April 2003

2003/754

Sections 81 to 93

1st April 2003

2003/754

Section 94 (in part)

10th February 2003

2003/249

Section 94 (so far as not already in force)

1st April 2003

2003/754

Sections 95 to 111

1st April 2003

2003/754

Sections 112 and 113

10th February 2003

2003/249

Section 114(1) and (2)

1st April 2003

2003/754

Section 114(3) and Schedule 7 (in part)

10th February 2003

2003/1

Sections 116 to 118

1st April 2003

2003/754

Section 119

8th January 2003

2002/2811

Section 120

1st April 2003

2003/754

Sections 121 and 122

10th February 2003

2003/1

Section 123

1st April 2004

2003/754, amended by 2003/1339, 2003/2993

Section 124

18th July 2012

2012/1887

Section 125 and Schedule 8 (in part)

14th November 2002

2002/2811

Section 125 and Schedule 8 (in part)

8th December 2002

2002/2811

Section 125 and Schedule 8 (to the extent not already in force, in part)

11th May 2012

2012/1263

Section 126

1st April 2003

2003/754

Section 127

10th December 2004

2004/2998

Section 128

10th February 2003

2003/1

Section 129

30th July 2003

2003/1747

Section 130

1st April 2003

2003/754

Section 131 to 133

10th February 2003

2003/1

Section 134 to 139

30th July 2003

2003/1747

Sections 140 and 141

8th January 2003

2002/2811

Section 142

1st April 2003

2003/754

Sections 143 to 146

10th February 2003

2003/1

Section 147 (in part)

1st April 2003

2003/754

Section 147 (so far as not already in force)

1st May 2004

2004/1201

Sections 148 to 151

10th February 2003

2003/1

Sections 152 to 155

8th January 2003

2002/2811

Section 156

10th February 2003

2003/1

Section 157

8th January 2003

2002/2811

Sections 158 and 159

10th February 2003

2003/1

Section 161 and Schedule 9 (in part)

10th February 2003

2003/1

Section 161 and Schedule 9 (in part)

8th December 2002

2002/2811

Section 161 and Schedule 9 (in part)

1st April 2003

2003/754

Schedules 4, 5 and 6

1st April 2003

2003/754

Schedule 7 (so far as not already in force)

1st April 2003

2003/754
(1) 2002 c. 41.
(2) 1999 c. 33; relevant amendments were made by Schedule 8 to the Nationality, Immigration and Asylum Act 2002 and by Schedule 5 to the Nationality and Borders Act 2022 (c. 36) (“the 2022 Act”).
(3) Section 31A was inserted by paragraph 3 of Schedule 5 to the 2022 Act.
(4) Relevant amendments to section 32 were made by paragraph 4 of Schedule 5 to the 2022 Act.
(5) Relevant amendments to sections 31A to 37 and section 43 were made by Schedule 5 to the 2022 Act.

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