The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007

27

1

The train manager of a through train or shuttle train arriving in the United Kingdom—

a

shall take such steps as may be necessary to secure that persons, other than members of the crew who may lawfully enter the United kingdom by virtue of section 8(1) of this Act, do not leave the train except in accordance with any arrangements approved by an immigration officer; and

b

where persons are to be examined by an immigration officer on the train, shall take such steps as may be necessary to secure that they are ready for examination.

2

The Secretary of State may by order require, or enable an immigration officer to require, the train manager of a through train or shuttle train or a person operating an international service or his agent to supply—

a

a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the train; and

b

particulars of members of the crew of the train.

3

An order under sub-paragraph (2) may relate—

a

to all through trains or shuttle trains arriving or expected to arrive in the United Kingdom;

b

to all through trains or shuttle trains leaving or expected to leave the United Kingdom.

4

An order under sub-paragraph (2)—

a

may specify the time at which or period during which information is to be provided,

b

may specify the form and manner in which information is to be provided,

c

shall be made by statutory instrument, and

d

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

vi

in sub-paragraph (9A) for “voyage or flight” substitute “international service” and for the words “ship or aircraft” substitute “through train or shuttle train”;

Immigration, Asylum and Nationality Act 20063A

In the Immigration, Asylum and Nationality Act 20069—

a

in section 32 (passenger and crew information: police powers)10—

i

in subsection (1) for “ships and aircraft” substitute “through trains and shuttle trains”;

ii

in subsections (2) and (3) for “owner or agent of a ship or aircraft” substitute “person operating an international service or his agent”;

iii

in subsection (5)(a)(iii) for “a voyage or flight” substitute “an international service”; and

iv

in subsection (6)(b) for “ships or aircraft” substitute “through trains or shuttle trains”;

b

in section 34 (offence) the reference to section 32 includes a reference to that provision as modified by paragraph (a);

c

in section 36 (duty to share information)11—

i

in subsection (4) for “ship or aircraft”, wherever occurring, substitute “through train or shuttle train”; and

ii

in subsection (4) for “flights or voyages” substitute “international services”;

d

in section 37 (information sharing: code of practice) the references to section 36 include references to that provision as modified by paragraph (c);

e

in section 38 (disclosure of information for security purposes) in subsection (4)—

i

for “ship or aircraft”, wherever occurring, substitute “through train or shuttle train”; and

ii

for “flights or voyages” substitute “international services”; and

f

in section 39 (disclosure to law enforcement agencies) the reference to section 32 includes a reference to that provision as modified by paragraph (a).