6(1)Section 34 (defence) shall be amended as follows.U.K.
(2)For subsection (1) substitute—
“(1)A person (“the carrier”) shall not be liable to the imposition of a penalty under section 32(2) if he has a defence under this section.”
(3)In subsection (3)(c) omit the first “that”.
(4)After subsection (3) insert—
“(3A)It is also a defence for the carrier to show that—
(a)he knew or suspected that a clandestine entrant was or might be concealed in a rail freight wagon, having boarded after the wagon began its journey to the United Kingdom;
(b)he could not stop the train or shuttle-train of which the wagon formed part without endangering safety;
(c)an effective system for preventing the carriage of clandestine entrants was in operation in relation to the train or shuttle-train; and
(d)on the occasion in question the person or persons responsible for operating the system did so properly.”
(5)Omit subsection (5).
(6)For subsection (6) substitute—
“(6)Where a person has a defence under subsection (2) in respect of a clandestine entrant, every other responsible person in respect of the clandestine entrant is also entitled to the benefit of the defence.”
Commencement Information
I1Sch. 8 para. 6 partly in force; Sch. 8 para. 6 not in force at Royal Assent see s. 162(2); Sch. 8 para. 6 in force at 8.12.2002 for certain purposes by S.I. 2002/2811, art. 2, Sch.
I2Sch. 8 para. 6 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2
I3Sch. 8 para. 6 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)