Amendments of the Immigration, Asylum and Nationality Act 2006
8(1)Section 34 (offence of failure to provide passenger information etc) is amended as follows.
(2)In subsection (1), for “imposed under section 32(2) or (3) or 33(2)” substitute “imposed—
(a)under section 32(2) or (3) or 33(2), or
(b)by regulations made under section 32A”.
(3)After subsection (1) insert—
“(1A)Proceedings may not be instituted against a person under subsection (1) for a failure to comply with a requirement imposed under section 32(2) or by regulations made under section 32A where—
(a)the person has paid a penalty in respect of the same failure, or a failure to provide the same information, by virtue of regulations made under—
(i)section 32B,
(ii)paragraph 27BB of Schedule 2 to the Immigration Act 1971, or
(iii)section 24 of the Counter-Terrorism and Security Act 2015 (penalty for breach of authority-to-carry scheme); or
(b)proceedings have been instituted against the person under section 27 of the Immigration Act 1971 in respect of a failure to provide the same information.”
(4)In subsection (2), at the end insert “, and
(c)where a person fails without reasonable excuse to comply with a requirement imposed by regulations made under section 32A to provide information to the police in England and Wales—
(i)if the required information does not relate to a reserved matter (within the meaning of the Scotland Act 1998), the person shall not be treated as having committed the offence in Scotland (but has committed the offence in England and Wales);
(ii)if the required information does not relate to an excepted or reserved matter (within the meaning of the Northern Ireland Act 1998), the person shall not be treated as having committed the offence in Northern Ireland (but has committed the offence in England and Wales).”