Citation, commencement and extent

1.—(1) This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021.

(2) This Order comes into force on the seventh day after the day on which it is made.

(3) This Order extends to the United Kingdom.

Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

2.  In the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021(2), in article 2(7) (amendment of Schedule 2 to the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003), omit the words from “(f) after paragraph 5 insert—” to the end of the Order.

Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

3.  In the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003(3), in Schedule 2 (modification of applied enactments), after paragraph 4 insert—

“The UK Borders Act 2007

4A.  In section 2 of the UK Borders Act 2007(4) (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).”

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.