- Statutory Instrument 2006 No. 2908
The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006
© Crown Copyright 2006
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006, ISBN 0110752597. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 4th November 2006 | ||
| Coming into force | 18th November 2006 |
The Secretary of State makes this Order in exercise of the powers conferred by section 141 of the Nationality, Immigration and Asylum Act 2002[1].
The Secretary of State has consulted with such persons as appear to him to be appropriate in accordance with section 141(5)(b) of the Nationality, Immigration and Asylum Act 2002.
A draft of this instrument has been approved by a resolution of each House of Parliament.
Citation and commencement
1. This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 and comes into force on the expiry of the period of 14 days beginning with the day on which this Order is made.
Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
2. In the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003[2] insert—
-
(a) after article 11(1)(e)—
-
"
(f) sections 141 and 143 of the Immigration and Asylum Act 1999[3]; and
(g) sections 40 and 41 of the Immigration, Asylum and Nationality Act 2006[4].";
(b) after article 12(4)—
-
"
(4A) An act or omission which constitutes an offence under section 41 of the Immigration, Asylum and Nationality Act 2006 shall also be an offence if it takes place in a Control Zone in France."; and
-
(c) after paragraph 1 of Schedule 2—
-
"
Immigration and Asylum Act 1999
1A. In the Immigration and Asylum Act 1999 [5] in section 141 (fingerprinting)—
-
(a) in subsection (7)(a) for "on his arrival in the United Kingdom" substitute "in a Control Zone"
(b) in subsection (9)(b) for "his removal or deportation from the United Kingdom" substitute "his leaving a Control Zone".".
Joan Ryan
Parliamentary Under Secretary of State
Home Office
4th November 2006
(This note is not part of the Order)
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.
Notes:
[1] 2002 c.41.back
[2] S.I. 2003/2818. Article 11(1)(e) amended by S.I. 2006/1003.back
[3] 1999 c.33; relevant amendments to section 141 were made by section 66 of the Nationality, Immigration and Asylum Act 2002 (c.41), section 15 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19) and section 28 of the Immigration, Asylum and Nationality Act 2006 (c.13); relevant amendments to section 143 were made by section 36 of the Anti-terrorism, Crime and Security Act 2001 (c.24).back
ISBN 0 11 075259 7