The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

UK Statutory Instrument 2006 No. 2908 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 4 November 2006
In force from: 18 November 2006
Extent: Not stated
Subject: Immigration and identity documents
Made under: Immigration and Asylum Act 2002, No. 2908 immigration The Nationality, Immigration and Asylum Act 2002

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Article 2(a) of this Order amends article 11 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (“the 2003 Order”) to give effect to two provisions of English law in the control zones in France. Firstly, the power to take fingerprints under section 141 of the Immigration and Asylum Act 1999 (“the 1999 Act”) is extended to the control zones, together with section 143 of the 1999 Act which governs the destruction of such fingerprints. Secondly, sections 40 and 41 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”) are extended to the control zones. These sections allows the Secretary of State to authorise persons other than immigration officers to search a ship, aircraft or vehicle or other thing for the purpose of satisfying himself whether there are individuals whom an immigration officer might wish to examine for the purposes of considering whether the person should enter the UK. The Order also makes two consequential amendments to the 2003 Order. Article 2(b) amends article 12 to the 2003 Order to provide that an act or omission which would constitute an offence under section 41 of the 2006 Act shall also be an offence if it takes place in a control zone in France, Article 2(c) amends Schedule 2 to the 2003 Order to provide that section 141 of the 1999 Act shall apply in the control zone in France as modified.

Offences created by this instrument

In the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 insert— a after article 11(1)(e)—… article 2 · Status not determined · Strict liability
b after article 12(4)— 4A An act or omission which constitutes an offence under section 41 of the Immigration, Asylum… article 2(b) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 Lords · Lords Chamber · 24 October 2006
Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 Lords · Grand Committee · 30 October 2006 · Lord Bassam of Brighton
rose to move, That the Grand Committee do report to the House that it has considered the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 [36th Report from the Joint Committee]. The noble Lord said: The primary purpose of this order is to enable two parts of UK immigration legislation to be applied in the juxtaposed control zones at the ports of Calais, Dunkerque and Boulogne. The first purpose of the order is to apply Sections 40 and 41 of the Immigration, Asylum and Nationality Act 2006, which provide a power for the Secretary of State to authorise…
Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 Lords · Grand Committee · 30 October 2006
delegated legislation Commons · Commons Chamber · 31 October 2006 · Mr. Deputy Speaker (Sir Alan Haselhurst)
With permission, I shall put together motions 6, 7 and 8. Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6) (Standing Committees on Delegated Legislation), Value Added Tax That the Value Added Tax (Betting, Gaming and Lotteries) Order 2006 (S.I., 2006, No. 2685), dated 9th October 2006, a copy of which was laid before this House on 10th October, be approved National Lottery That the draft Big Lottery Fund (Prescribed Expenditure) Order 2006, which was laid before this House on 11th October, be approved. Immigration That the draft Nationality, Immigration and…
Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 Lords · Lords Chamber · 2 November 2006

How Parliament handled it

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