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The Immigration and Police (Passenger, Crew and Service Information) Order 2008

Status:

This is the original version (as it was originally made).

Statutory Instruments

2008 No. 5

immigration

police

The Immigration and Police (Passenger, Crew and Service Information) Order 2008

Made

3rd January 2008

Laid before Parliament

10th January 2008

Coming into force

1st March 2008

The Secretary of State makes the following Order in exercise of the powers conferred by paragraphs 27 and 27B of Schedule 2 to the Immigration Act 1971(1) and section 32 of the Immigration, Asylum and Nationality Act 2006(2).

The Secretary of State is satisfied that the nature of the information specified in this Order for the purposes of section 32 of the Immigration, Asylum and Nationality Act 2006 is such that there are likely to be circumstances in which it can be required under that provision without breaching Convention rights (within the meaning of the Human Rights Act 1998(3)).

(1)

1971 c. 77. Paragraph 27 of Schedule 2 to the 1971 Act has been amended by section 31 of the Immigration, Asylum and Nationality Act 2006 (c. 13). Paragraph 27B of Schedule 2 to the 1971 Act was inserted by section 18 of the Immigration and Asylum Act 1999 (c. 33) and subsequently amended by section 16 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19) and section 31 of the Immigration, Asylum and Nationality Act 2006 (c. 13). Paragraphs 27 and 27B of Schedule 2 to the 1971 Act apply with modifications in respect of trains arriving and departing the United Kingdom via the Channel Tunnel: articles 4 and 7 of S.I. 1993/1813 and S.I. 1994/1405 (relevant amendments have been made by S.I. 1996/2283; S.I. 2001/1544; S.I. 2006/2627; S.I. 2007/2908; and S.I. 2007/3579); paragraph 1(11)(r) of Schedule 4 to S.I. 1993/1813 as amended by S.I. 1994/1405 and S.I. 2007/3579; and paragraph 1(11)(s) of Schedule 4 to S.I. 1993/1813 as inserted by S.I. 2000/913 and subsequently amended by S.I. 2007/3579.

(2)

2006 c. 13. Section 32 of the 2006 Act has been amended by section 14 of, and Schedule 15 to, the Police and Justice Act 2006 (c. 48) but that amendment is not yet in force. Section 32 applies with modifications to trains arriving and departing the United Kingdom via the Channel Tunnel: articles 4 and 7 of S.I. 1993/1813 and S.I. 1994/1405; and paragraph 3A of Schedule 4 to S.I. 1993/1813 as inserted by S.I. 2007/3579.

(3)

1998 c. 42. The requirement set out in the second recital reflects the terms of section 32(7) of the 2006 Act.

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