The Carriers' Liability (Clandestine Entrants) (Revised Code of Practice for Vehicles) Order 2004

Statutory Instruments

2004 No. 250

IMMIGRATION AND ASYLUM

The Carriers' Liability (Clandestine Entrants) (Revised Code of Practice for Vehicles) Order 2004

Made

3rd February 2004

Laid before Parliament

6th February 2004

Coming into force

1st March 2004

Whereas—

(1) the Immigration and Asylum Act 1999: Civil Penalty: Prevention of Clandestine Entrants: Code of Practice for Vehicles, issued pursuant to section 33 of the Immigration and Asylum Act 1999(1) (“the 1999 Act”) and which concerns the practice to be followed by any person operating a system for preventing the carriage of clandestine entrants concealed in vehicles, came into operation on 3rd April 2000(2);

(2) as a consequence of the Carriers' Liability (Amendment) Regulations 2004(3), the Secretary of State has revised the said Code of Practice in pursuance of section 33(5) of the 1999 Act;

(3) the Secretary of State has consulted such persons as he considers appropriate about the revised code of practice, in satisfaction of the requirements of sections 33(2) and 33(6) of the 1999 Act; and

(4) in pursuance of section 33(2) and (6) of the 1999 Act the Secretary of State has laid a draft of the revised code of practice before Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 33(4) and (6) of the 1999 Act, hereby orders as follows:

1.  This Order may be cited as the Carriers' Liability (Clandestine Entrants) (Revised Code of Practice for Vehicles) Order 2004 and shall come into force on 1st March 2004.

2.  The code of practice entitled “Immigration and Asylum Act 1999: Prevention of Clandestine Entrants: Revised Code of Practice for Vehicles”, laid in draft before Parliament on 27th January 2004 and which concerns the practice to be followed by any person operating a system for preventing the carriage of clandestine entrants concealed in vehicles, shall come into operation on 1st March 2004.

Beverley Hughes

Minister of State

Home Office

3rd February 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into operation on 1st March 2004 the Immigration and Asylum Act 1999: Prevention of Clandestine Entrants: Revised Code of Practice for Vehicles. This code is a revision of the Immigration and Asylum Act 1999: Prevention of Clandestine Entrants: Code of Practice for Vehicles, issued pursuant to section 33 of the Immigration and Asylum Act 1999 (“the 1999 Act”), concerning the practice to be followed by any person operating a system for preventing the carriage of clandestine entrants concealed in vehicles. The Immigration and Asylum Act 1999: Prevention of Clandestine Entrants: Revised Code of Practice for Vehicles inserts references to the additional control zones outside the United Kingdom prescribed by the Carriers' Liability (Amendment) Regulations 2004 for the purposes of section 32(10) of the 1999 Act.

(1)

1999 c. 33. Heading substituted and words omitted from subsection (2)(b) by Schedule 8 of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(2)

S.I. 2000/684.

(3)

S.I. 2004/244.