The Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) (Amendment) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) Regulations 2001 (“the principal Regulations”). The principal Regulations apply (in some cases with modifications) certain provisions of part II of the Immigration and Asylum Act 1999 (“the 1999 Act”), for the purpose of enabling penalties to be imposed in respect of certain persons (“clandestine entrants”) who arrive in the United Kingdom concealed in a rail freight wagon. These Regulations extend the definition of “rail freight wagon” given in the principal Regulations to include certain wagons forming part of the shuttle service operating through the Channel Tunnel, and make certain other amendments.

Regulation 1 provides for the Regulations to come into force on 27th September 2001 for the purposes of enabling the exercise of powers to bring into force the code of practice issued under section 33 of the 1999 Act. Otherwise the Regulations come into force on 1st October 2001.

Regulation 2 makes a number of amendments to the principal Regulations—

Paragraph 2 simplifies the definition of “train”, and inserts new definitions of “freight shuttle wagon” and “shuttle train”.

Paragraph 3 corrects a minor grammatical error.

Paragraph 4 substitutes an expanded definition of “rail freight wagon”, which now includes freight shuttle wagons.

Paragraph 5 defines the persons responsible for a clandestine entrant who arrives in the United Kingdom concealed in a freight shuttle wagon.

Paragraph 6 makes consequential amendments and also has the effect of modifying section 34 (3) (a) of the 1999 Act so that the carrier may be able to establish a defence to a penalty where, knowing, or having reasonable grounds to suspect, that a clandestine entrant was or might be, concealed in the rail freight wagon in circumstances where the clandestine entrant had boarded the train or shuttle train after it had commenced its journey to the United Kingdom, the carrier was unable to stop the train or shuttle train without endangering safety.

Paragraph 7 makes consequential amendments.

Regulation 3 contains a transitional provision.

A regulatory impact Assessment has been prepared, and copies may be obtained from Diane Taylor, Home Office, International Policy Directorate, Apollo House, 36 Wellesley Road, Croydon CR9 3RR. A copy has also been placed in the library of each House of Parliament.