Search Legislation

Nationality, Immigration and Asylum Act 2002

Status:

This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

2(1)Section 32 (penalty for carrying clandestine entrant) shall be amended as follows.

(2)After subsection (1)(a) insert—

(aa)he arrives in the United Kingdom concealed in a rail freight wagon,.

(3)For subsection (2) substitute—

(2)The Secretary of State may require a person who is responsible for a clandestine entrant to pay—

(a)a penalty in respect of the clandestine entrant;

(b)a penalty in respect of any person who was concealed with the clandestine entrant in the same transporter.

(2A)In imposing a penalty under subsection (2) the Secretary of State—

(a)must specify an amount which does not exceed the maximum prescribed for the purpose of this paragraph,

(b)may, in respect of a clandestine entrant or a concealed person, impose separate penalties on more than one of the persons responsible for the clandestine entrant, and

(c)may not impose penalties in respect of a clandestine entrant or a concealed person which amount in aggregate to more than the maximum prescribed for the purpose of this paragraph.

(4)For subsection (4) substitute—

(4)Where a penalty is imposed under subsection (2) on the driver of a vehicle who is an employee of the vehicle’s owner or hirer—

(a)the employee and the employer shall be jointly and severally liable for the penalty imposed on the driver (irrespective of whether a penalty is also imposed on the employer), and

(b)a provision of this Part about notification, objection or appeal shall have effect as if the penalty imposed on the driver were also imposed on the employer (irrespective of whether a penalty is also imposed on the employer in his capacity as the owner or hirer of the vehicle).

(4A)In the case of a detached trailer, subsection (4) shall have effect as if a reference to the driver were a reference to the operator.

(5)In subsection (5)—

(a)in paragraph (a) for the second “or” substitute “and”, and

(b)in paragraphs (b) and (c) for “or” substitute “and”.

(6)After subsection (5) insert—

(5A)In the case of a clandestine entrant to whom subsection (1)(aa) applies, the responsible person is—

(a)where the entrant arrived concealed in a freight train, the train operator who, at the train’s last scheduled stop before arrival in the United Kingdom, was responsible for certifying it as fit to travel to the United Kingdom, or

(b)where the entrant arrived concealed in a freight shuttle wagon, the operator of the shuttle-train of which the wagon formed part.

(7)In subsection (6)(a) and (b) for “or” substitute “and”.

(8)After subsection (6) insert—

(6A)Where a person falls within the definition of responsible person in more than one capacity, a separate penalty may be imposed on him under subsection (2) in respect of each capacity.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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 enacted 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