http://www.legislation.gov.uk/id/uksi/2003/2818

http://www.legislation.gov.uk/uksi/2003/2818/article/11

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Immigration and nationality

Immigration control

Police

IMMIGRATION

2023-07-02

Statute Law Database

2003-11-04

This Order gives effect to the Treaty between the United Kingdom and France providing for the exercise of immigration control by the authorities of each State in the sea ports of the other State. The ports in question to which the two States have agreed the Treaty should for the time being apply are designated in Schedule 1 to the Order. Within each port the two States have delimited an area comprising a Control Zone within which the immigration authorities of each State will be empowered to exercise immigration control in the territory of the other State. Criminal offences and powers of arrest relating to breaches of immigration control will be extended to the Control Zone and immigration officers may call upon the assistance of the police in exercising these powers. In addition, some offences which are committed by or against immigration officers or the police will apply in the Control Zone. The area comprising the Control Zone has been confirmed through the exchange of diplomatic notes between the two States and a copy can be obtained by writing to the address set out at the end of this Note.

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 3(3)

(4)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(3)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(4)(a)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(3)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(4)(b)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 12(3)

(4)

(4a)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(5)(b)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 12(7)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(5)(d)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 1(3)(ca)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(a)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 2(1)(da)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(b)(i)(aa)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 2(1)(ea)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(b)(i)(bb)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 2(1)(h)(ii)-(vi)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(b)(i)(ee)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 2(2)(d)-(h)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(b)(iii)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 4(ba)

(bb)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(d)(i)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 4(ca)

(cb)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(d)(ii)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 4(e)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(d)(iii)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 5(aa)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

art. 2(7)(e)(iv)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 4A

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021

art. 3

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)(f)

(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

art. 2(a)

art. 1

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 12(4A)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

art. 2(b)

art. 1

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 1A

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

art. 2(c)

art. 1

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)(e)

The Immigration (European Economic Area) Regulations 2006

Sch. 5

para. 4(2)

reg. 1

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 8(2A)

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

Sch. 3

para. 46(3)

Sch. 3

para. 112

reg. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(4)

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

Sch. 3

para. 47(2)(a)

Sch. 3

para. 112

reg. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(4)

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

Sch. 3

para. 47(2)(b)

Sch. 3

para. 112

reg. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(4A)

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

Sch. 3

para. 47(3)

Sch. 3

para. 112

reg. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(4)

Data Protection Act 2018

Sch. 19

para. 296(a)

s. 117

209

210

s. 212(1)

reg. 2(1)(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(4)

Data Protection Act 2018

Sch. 19

para. 296(b)

s. 117

209

210

s. 212(1)

reg. 2(1)(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(4)

Data Protection Act 2018

Sch. 19

para. 296(c)

s. 117

209

210

s. 212(1)

reg. 2(1)(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(4)

Data Protection Act 2018

Sch. 19

para. 296(d)

s. 117

209

210

s. 212(1)

reg. 2(1)(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(4)

Data Protection Act 2018

Sch. 19

para. 296(e)

s. 117

209

210

s. 212(1)

reg. 2(1)(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)(f)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

art. 2(2)

art. 1(3)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

art. 2(3)

art. 1(3)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)(h)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

art. 2(4)

art. 1(3)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)(e)

The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

reg. 29(2)

reg. 29(4)

(5)

reg. 1(2)

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

PART 3PROVISIONS RELATING TO THE EXERCISE OF POWERS BY UNITED KINGDOM IMMIGRATION OFFICERS AND CONSTABLES IN A CONTROL ZONE IN FRANCE

Enactments having effect in a Control Zone in France11

1

For the purpose of enabling immigration officers to exercise immigration control in a Control Zone in France, the following shall have effect in relation to a person in a Control Zone in France, or anything done in that Zone, with the modifications set out in Schedule 2 to this Order—

a

the 1971 Act13;

b

Schedules 7, 8 and 14 to the Terrorism Act 200014;

c

the Code of Practice for examining officers under The Terrorism Act 200015;

d

the Immigration (Leave to Enter and Remain) Order 200016; and

e

the Immigration (European Economic Area) Regulations 200017.

2

Paragraphs 2 (powers and duties of detainee custody officers) and 3 (short-term holding facilities) of Schedule 11, and paragraph 2 of Schedule 13 (powers and duties of detainee custody officers), to the Immigration and Asylum Act 1999 shall have effect in relation to a detainee custody officer in a Control Zone in France as they have effect in relation to such an officer in the United Kingdom and, in the definition of “short-term holding facility” in section 147 of that Act, the reference to “a place” includes a place in a Control Zone in France.

3

Sections 19B (discrimination by public authorities) and 19D (exception from section 19B for certain acts in immigration and nationality cases) of the Race Relations Act 197618 shall have effect in relation to immigration officers carrying out their functions in a Control Zone in France as they have effect in relation to such officers carrying out their functions in England and Wales and Scotland.

4

The Data Protection Act 1998 shall have effect in relation to data which are processed in a Control Zone in France in connection with the carrying out of immigration control by an immigration officer or a constable, or the exercise of a power of arrest by a constable under article 13 (3) of this Order, as if, for the purposes of section 5 of that Act, the data were processed by a data controller established in the United Kingdom in the context of that establishment.

5

The law of England and Wales shall have effect in relation to any claim for compensation which may be alleged against, or by, a constable or an immigration officer for loss or injury in the exercise of his functions in a Control Zone in France as if the circumstances giving rise to the claim had occurred in England.