The Carriers' Liability (Clandestine Entrants) (Code of Practice for Freight Shuttle Wagons) Order 2001

Statutory Instruments

2001 No. 3233

IMMIGRATION AND ASYLUM

The Carriers' Liability (Clandestine Entrants) (Code of Practice for Freight Shuttle Wagons) Order 2001

Made

27th September 2001

Laid before Parliament

28th September 2001

Coming into force

1st October 2001

Whereas—

(1) in pursuance of section 33 of the Immigration and Asylum Act 1999(1) (“the 1999 Act”), as applied by the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) Regulations 2001(2) (“the principal Regulations”), the Secretary of State is required to issue a code of practice to be followed by any person operating a system for preventing the carriage of clandestine entrants by rail freight wagons;

(2) the principal Regulations are amended by the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) (Amendment) Regulations 2001(3) (“the amending Regulations”), which extend the definition of “rail freight wagon” in the principal Regulations to include freight shuttle wagons(4);

(3) the amending Regulations are now in force for the purpose of enabling the exercise of the power to bring into operation a code of practice for freight shuttle wagons;

(4) as required by section 33(2) of the 1999 Act, the Secretary of State has—

(a) consulted such persons as he considers appropriate about the code of practice; and

(b) laid a draft of the code of practice before each House of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 33 of the Immigration and Asylum Act 1999 hereby makes the following Order:

(1)

1999 c. 33.

(2)

S.I. 2001/280, which apply certain provisions of Part II of the 1999 Act (in some cases with modification) for the purposes of enabling penalties to be imposed in respect of certain persons who arrive in the United Kingdom concealed in a rail freight wagon.

(3)

S.I. 2001/3232.

(4)

By regulation 1(3) of the principal Regulations, as amended by regulation 2(2) of the amending Regulations, “freight shuttle wagon” means a wagon which (a) forms part of a shuttle train, and (b) is designed for the purpose of carrying heavy commercial goods vehicles; and “shuttle train” has the meaning given by section 1(9) of the Channel Tunnel Act 1987 (c. 53).