Statutory Instruments
Immigration
Made
23rd March 2015
Laid before Parliament
25th March 2015
Coming into force
16th April 2015
The Secretary of State makes the following Order in exercise of the powers conferred by section 11 of the Channel Tunnel Act 1987(1).
1. This Order may be cited as the Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015 and comes into force on 16th April 2015.
2. The Channel Tunnel (International Arrangements) Order 1993(2) is amended as follows.
3.—(1) Before paragraph 2 of Schedule 3, in the heading, after “arrest” insert “and detention”.
(2) After paragraph 2(3) of Schedule 3, insert—
“(3A) An immigration officer may exercise the power of detention conferred by section 2(1) of the UK Borders Act 2007(3) in a control zone in France in respect of—
(a)an individual who the immigration officer thinks might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984(4) for an act or omission which would constitute an offence under a frontier control enactment if it had taken place in England, or
(b)an individual subject to a warrant for arrest who is sought by the United Kingdom authorities.
(3B) An immigration officer may exercise the power of detention conferred by section 2(1) of the UK Borders Act 2007 in a supplementary control zone in France in respect of—
(a)an individual who an immigration officer thinks might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 for an act or omission which would constitute an offence under an immigration control enactment if it had taken place in England, or
(b)an individual subject to a warrant for arrest who is sought by the United Kingdom authorities.”
4. After paragraph 5 of Schedule 4, insert—
6.—(1) In the UK Borders Act 2007 in section 2 (detention)—
(a)in subsection (1)—
(i)omit “in England, Wales or Northern Ireland”;
(ii)omit “or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12))”;
(iii)after paragraph (a), insert—
(aa)might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 if the act or omission had taken place in England, or”;
(b)omit subsection (1A);
(c)in subsection (2)(a) after “constable” insert “, an officer belonging to the French Republic or an officer belonging to the Kingdom of Belgium”;
(d)in subsection (2)(d) after “constable”, in each place where it appears, insert “, the officer belonging to the French Republic or the officer belonging to the Kingdom of Belgium”;
(e)omit subsection (5).
(2) In the UK Borders Act 2007 in section 4 (interpretation of “port”)—
(a)for subsection (1) substitute, “In section 2 “port” means a terminal control point or an international station.”;
(b)in subsection (2) for “ship or aircraft”, in each place where it appears, substitute “train”.”
5. The Channel Tunnel (Miscellaneous Provisions) Order 1994(5) is amended as follows.
6. For article 7(2) substitute—
“(2) The enactments are—
(a)the Immigration Act 1971(6);
(b)the Public Health (Control of Disease) Act 1984(7);
(c)the Immigration and Asylum Act 1999(8);
(d)the Terrorism Act 2000(9);
(e)the Immigration, Asylum and Nationality Act 2006(10); and
(f)the UK Borders Act 2007.
(3) Nothing in paragraph (1)(b) implies the presence of a control zone in the station of London-Waterloo on British Territory.”
7. In paragraph 3(b) of Schedule 3 omit “and”.
8. After paragraph 3(b) of Schedule 3, insert—
“(ba)in sub-paragraph (3A)(a), after the words “a control zone in France”, insert “or Belgium”; and”.”
James Brokenshire
Minister of State
Home Office
23rd March 2015
(This note is not part of the Order)
This Order amends the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813) (“the 1993 Order”) and the Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405) (“the 1994 Order”) to enable the detention at ports powers at sections 1 to 4 of the UK Borders Act 2007 to be exercised at control zones and supplementary controls zones in France and Belgium and at international rail stations and the fixed channel tunnel link terminal in the United Kingdom.
S.I. 1993/1813; relevant amending instruments are S.I. 2001/1544 and S.I. 2007/2907.
S.I. 1994/1405; relevant amending instruments are S.I. 2007/2908 and S.I. 2007/3579.