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3. In the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003(1), in Schedule 2 (modification of applied enactments), after paragraph 4 insert—
4A. In section 2 of the UK Borders Act 2007(2) (detention)—
(a)in subsection (1)—
(i)omit “in England, Wales or Northern Ireland”;
(ii)in paragraph (a) omit “or Article 26(1)” to the end;
(iii)after paragraph (aa), insert—
“(ab)may 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 “or an officer belonging to the French Republic”;
(d)in subsection (2)(d) after “constable”, in each place where it appears, insert “or an officer belonging to the French Republic”;
(e)omit subsection (5).”
S.I. 2003/2818; relevant amending instruments are S.I. 2006/2908, 2013/3032 and 2020/1309.
2007 c. 30; amended by section 52(1) of the Borders, Citizenship and Immigration Act 2009 (c. 11), section 10(8) of the Counter-Terrorism and Security Act 2015 (c. 6), S.I. 2018/46 and paragraphs 27 and 28 of the Schedule to the Extradition (Provisional Arrest) Act 2020 (c. 18).
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