Search Legislation

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021

 Help about what version

What Version

  • Draft legislation
 Help about opening options

Opening Options

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021 No. 784

This Statutory Instrument is to be made in consequence of defects in S.I. 2021/311 and is being issued free of charge to all known recipients of that Statutory Instrument.

Draft Order laid before Parliament under section 141(5)(c) of the Nationality, Immigration and Asylum Act 2002, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2021 No. 0000

Immigration

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021

Made

***

Coming into force

***

The Secretary of State, in exercise of the powers conferred by section 141(1) of the Nationality, Immigration and Asylum Act 2002(1), makes the following Order.

The Secretary of State has consulted with such people as appear to her to be appropriate in accordance with section 141(5)(b) of the Nationality, Immigration and Asylum Act 2002.

In accordance with section 141(5)(c) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021.

(2) This Order comes into force on the seventh day after the day on which it is made.

(3) This Order extends to the United Kingdom.

Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

2.  In the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021(2), in article 2(7) (amendment of Schedule 2 to the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003), omit the words from “(f) after paragraph 5 insert—” to the end of the Order.

Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

3.  In the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003(3), in Schedule 2 (modification of applied enactments), after paragraph 4 insert—

The UK Borders Act 2007

4A.  In section 2 of the UK Borders Act 2007(4) (detention)—

(a)in subsection (1)—

(i)omit “in England, Wales or Northern Ireland”;

(ii)in paragraph (a) omit “or Article 26(1)” to the end;

(iii)after paragraph (aa), insert—

(ab)may be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 if the act or omission had taken place in England, or;

(b)omit subsection (1A);

(c)in subsection (2)(a) after “constable” insert “or an officer belonging to the French Republic”;

(d)in subsection (2)(d) after “constable”, in each place where it appears, insert “or an officer belonging to the French Republic”;

(e)omit subsection (5).

Name

Parliamentary Under Secretary of State

Home Office

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311) to correct errors relating to the modification of the UK Borders Act 2007 (c. 30) in article 2(7)(f).

Article 2 omits the words from article 2(7)(f) of S.I. 2021/311 to the end of the Order, omitting text which was mistakenly formatted as though it were a separate article 3 of that Order rather than an inserted new paragraph 6 in Schedule 2 to the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818) (“the 2003 Order”).

Article 3 amends the 2003 Order to add a new paragraph to the end of Schedule 2 (modification of applied enactments), to modify section 2(1) of the UK Borders Act 2007 to ensure it functions correctly at the juxtaposed controls. Additionally, the insertion now reflects the effect of S.I. 2020/1309, which revoked paragraph 5 of Schedule 2 to the 2003 Order, and the enactment of the Extradition (Provisional Arrest) Act 2002 (c.18), which inserted paragraph (aa) into section 2(1) of the UK Borders Act 2007.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2002 c. 41; section 141 was amended by regulation 12(4) of the Immigration, Nationality and Asylum (EU Exit) Regulations (S.I. 2019/745).

(3)

S.I. 2003/2818; relevant amending instruments are S.I. 2006/2908, 2013/3032 and 2020/1309.

(4)

2007 c. 30; amended by section 52(1) of the Borders, Citizenship and Immigration Act 2009 (c. 11), section 10(8) of the Counter-Terrorism and Security Act 2015 (c. 6), S.I. 2018/46 and paragraphs 27 and 28 of the Schedule to the Extradition (Provisional Arrest) Act 2020 (c. 18).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources