(This note is not part of the Order)
This Order brings into operation on 1st October 2001 a further code of practice issued pursuant to section 33 of the Immigration and Asylum Act 1999, as applied by the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) Regulations 2001 (S.I. 2001/280). This code of practice is to be followed by any person operating a system for preventing the carriage of clandestine entrants by freight shuttle wagons, and is to be taken into account in determining whether a person who has transported clandestine entrants was operating an effective system for preventing their carriage, and accordingly has a defence to the penalty under section 34 of the Act.
A code of practice in respect of the prevention of the carriage of clandestine entrants by road vehicles was brought into operation on 3rd April 2000, by the Carriers' Liability (Clandestine Entrants) (Code of Practice) Order 2000 (S.I. 2000/684). A code of practice in respect of the prevention of the carriage of clandestine entrants by rail freight wagons (other than freight shuttle wagons) was brought into operation on 1st March 2001, by the Carriers' Liability (Clandestine Entrants) (Code of Practice for Rail Freight) Order 2001 (S.I. 2001/312).
Copies of all three codes of practice may be obtained from: Miss S. Hoddell, Civil Penalty Central Administration Unit, Status Four, 3 Nobel Drive, Harlington, Hayes, Middlesex UB3 5EY; or by e-mail from: CivilPenaltyUnit@homeoffice.gsi.gov.uk. The codes are also available on the Home Office website (www.ind.homeoffice.gov.uk).