SCHEDULE 8 Carriers' Liability
Nationality, Immigration and Asylum Act 2002 (2002 c 41) | Legislation

SCHEDULE 8 Carriers' Liability

Section 125

1

The Immigration and Asylum Act 1999 (c 33) shall be amended as follows.

2

(1)     Section 32 (penalty for carrying clandestine entrant) shall be amended as follows.

(2)     After subsection (1)(a) insert—

“(aa)     he arrives in the United Kingdom concealed in a rail freight wagon,â€.

(3)     For subsection (2) substitute—

“(2)     The Secretary of State may require a person who is responsible for a clandestine entrant to pay—

(a)     a penalty in respect of the clandestine entrant;

(b)     a penalty in respect of any person who was concealed with the clandestine entrant in the same transporter.

(2A)     In imposing a penalty under subsection (2) the Secretary of State—

(a)     must specify an amount which does not exceed the maximum prescribed for the purpose of this paragraph,

(b)     may, in respect of a clandestine entrant or a concealed person, impose separate penalties on more than one of the persons responsible for the clandestine entrant, and

(c)     may not impose penalties in respect of a clandestine entrant or a concealed person which amount in aggregate to more than the maximum prescribed for the purpose of this paragraph.â€

(4)     For subsection (4)

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