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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

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This is the original version (as it was originally enacted).

1Assisting unlawful immigration

This section has no associated Explanatory Notes

(1)At the end of section 25 of the Immigration Act 1971 (c. 77) (offence of assisting unlawful immigration to member State) add—

“(7)In this section—

(a)a reference to a member State includes a reference to a State on a list prescribed for the purposes of this section by order of the Secretary of State (to be known as the “Section 25 List of Schengen Acquis States”), and

(b)a reference to a citizen of the European Union includes a reference to a person who is a national of a State on that list.

(8)An order under subsection (7)(a)—

(a)may be made only if the Secretary of State thinks it necessary for the purpose of complying with the United Kingdom’s obligations under the Community Treaties,

(b)may include transitional, consequential or incidental provision,

(c)shall be made by statutory instrument, and

(d)shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(2)In section 25C(9)(a) of that Act (forfeiture of vehicle, ship or aircraft) for “(within the meaning of section 25)” substitute “(for which purpose “member State” and “immigration law” have the meanings given by section 25(2) and (7))”.

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