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Immigration and Asylum Act 1999

Clandestine entrants

9.The Act contains provisions for a new power to impose a civil penalty on persons responsible for the transport of clandestine entrants to the United Kingdom. The new civil penalty is additional to and separate from carriers’ liability legislation, which the Act is strengthening and replacing. The civil penalty will apply to all vehicles, ships, or aircraft bringing clandestine entrants to the United Kingdom. The Act provides the power to detain vehicles, ships or aircraft as security until all charges for the carriage of illegal entrants have been paid. The Act requires the Secretary of State to issue a code of practice (after consultation and laying a draft before Parliament) setting out the procedures that should be followed by persons such as road hauliers to prevent their vehicles being used for the purpose of clandestine entry.

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