The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311) to correct errors relating to the modification of the UK Borders Act 2007 (c. 30) in article 2(7)(f).

Article 2 omits the words from article 2(7)(f) of S.I. 2021/311 to the end of the Order, omitting text which was mistakenly formatted as though it were a separate article 3 of that Order rather than an inserted new paragraph 6 in Schedule 2 to the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818) (“the 2003 Order”).

Article 3 amends the 2003 Order to add a new paragraph to the end of Schedule 2 (modification of applied enactments), to modify section 2(1) of the UK Borders Act 2007 to ensure it functions correctly at the juxtaposed controls. Additionally, the insertion now reflects the effect of S.I. 2020/1309, which revoked paragraph 5 of Schedule 2 to the 2003 Order, and the enactment of the Extradition (Provisional Arrest) Act 2020 (c.18), which inserted paragraph (aa) into section 2(1) of the UK Borders Act 2007.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.