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

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(1), 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(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).”

(1)

S.I. 2003/2818; relevant amending instruments are S.I. 2006/2908, 2013/3032 and 2020/1309.

(2)

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).