The Immigration, Asylum and Nationality Act 2006 (Duty to Share Information and Disclosure of Information for Security Purposes) Order 2008

Draft Order laid before Parliament under sections 36(8) and 38(7) of the Immigration, Asylum and Nationality Act 2006, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2008 No.

immigration

police

revenue and customs

The Immigration, Asylum and Nationality Act 2006 (Duty to Share Information and Disclosure of Information for Security Purposes) Order 2008

Made

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Coming into force

1st March 2008

The Secretary of State and the Treasury make the following Order in exercise of the powers conferred by sections 36(4) and 38(4) of the Immigration, Asylum and Nationality Act 2006(1).

In accordance with sections 36(8) and 38(7) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

The Secretary of State and the Treasury are satisfied that the sharing of information pursuant to article 2 or 3 of this Order is likely to be of use for immigration purposes, police purposes or Revenue and Customs purposes and that the nature of the information shared pursuant to either of those articles is such that there are likely to be circumstances in which it can be shared without breaching Convention rights (within the meaning of the Human Rights Act 1998(2)).

(1)

2006 c. 13. Section 36 of the 2006 Act has been amended by section 14 of, and Schedule 15 to, the Police and Justice Act 2006 (c. 48) but that amendment is not yet in force. Section 38 of the 2006 Act has been amended by section 14 of the Police and Justice Act 2006 but that amendment is not yet in force. Sections 36 and 38 of the 2006 Act apply with modifications in respect of trains arriving and departing the United Kingdom via the Channel Tunnel: articles 4 and 7 of S.I. 1993/1813 and S.I. 1994/1405 (relevant amendments have been made by S.I. 1996/2283; S.I. 2001/1544; S.I. 2006/2627; S.I. 2007/2908; and S.I. 2007/3579) and paragraph 3A of Schedule 4 to S.I. 1993/1813 as inserted by S.I. 2007/3579.

(2)

1998 c. 42. The requirement set out in the third recital reflects the terms of section 36(5) of the 2006 Act.