The Carriers' Liability (Clandestine Entrants) (Level of Penalty: Code of Practice) Order 2002

Statutory Instruments

2002 No. 2816

IMMIGRATION AND ASYLUM

The Carriers' Liability (Clandestine Entrants) (Level of Penalty: Code of Practice) Order 2002

Made

15th November 2002

Laid before Parliament

15th November 2002

Coming into force

8th December 2002

Whereas—

(1) in pursuance of section 32A of the Immigration and Asylum Act 1999(1) (“the 1999 Act”), the Secretary of State is required to issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 32 of the 1999 Act (penalty for carrying clandestine entrants);

(2) section 32A has been brought into force for the purpose of enabling the exercise of the power to bring into operation the said code of practice;

(3) the Secretary of State has prepared the draft of such a code; and

(4) in pursuance of section 32A(3) of the 1999 Act the Secretary of State has laid a draft of the code of practice before Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 32A(4) of the 1999 Act, hereby orders as follows:

1.  This Order may be cited as the Carriers' Liability (Clandestine Entrants) (Level of Penalty: Code of Practice) Order 2002 and shall come into force on 8th December 2002.

2.  The code of practice entitled “Immigration and Asylum Act 1999: Level of Penalty: Code of Practice”, laid in draft before Parliament on 14th November 2002 and which specifies matters to be considered in determining the amount of a penalty under section 32 of the 1999 Act, shall come into operation on 8th December 2002.

Filkin

Parliamentary Under-Secretary of State

Home Office

15th November 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into operation on 8th December 2002 the Immigration and Asylum Act 1999: Level of Penalty: Code of Practice, issued pursuant to section 32A of the Immigration and Asylum Act 1999 (“the 1999 Act”), as inserted by paragraph 3 of Schedule 8 to the Nationality, Immigration and Asylum Act 2002, specifying matters to be considered in determining the amount of a penalty under section 32 of the 1999 Act (penalty for carrying clandestine entrants).

(1)

1999 c. 33. Section 32A of the 1999 Act was inserted by paragraph 3 of Schedule 8 to the Nationality, Immigration and Asylum Act 2002 (c. 41).