The Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) Regulations 2001

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) Regulations 2001, and (subject to paragraph 2) shall come into force on 1st March 2001.

(2) For the purposes of enabling the exercise of the power to bring into operation a code of practice under section 33, and the powers to prescribe(1) given by—

• section 32(2) (amount of penalty payable);

• section 32(3) and 36(2) (period within which the penalty must be paid);

• section 35(7) and (8) (period for giving notice of objection);

• paragraph 2 of Schedule 1 (steps to be taken before applying for leave to sell a transporter); and

• paragraph 5 of Schedule 1 (application of the proceeds of sale),

these Regulations shall come into force on 7th February 2001.

(3) In these Regulations—

“the 1999 Act” means the Immigration and Asylum Act 1999;

“locomotive” and “rolling stock” have the meanings given in section 83 of the Railways Act 1993(2);

“train” means any train other than—

(a)

a train engaged on a service for the carriage of passengers; or

(b)

a train which is a shuttle train as defined by section 1(9) of the Channel Tunnel Act 1987(3).

(4) A reference to a section or a Schedule is to a section or Schedule of the 1999 Act.

(5) A reference to a regulation is to a regulation of these Regulations, and within a regulation a reference to a paragraph is to a paragraph of that regulation.

(1)

See definition of “prescribed” in section 167(1).

(2)

1993 c. 43.

(3)

1987 c. 53.