http://www.legislation.gov.uk/id/uksi/2003/2818

http://www.legislation.gov.uk/uksi/2003/2818/article/7

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Immigration and nationality

Immigration control

Police

IMMIGRATION

2023-07-02

Statute Law Database

2003-11-04

This Order gives effect to the Treaty between the United Kingdom and France providing for the exercise of immigration control by the authorities of each State in the sea ports of the other State. The ports in question to which the two States have agreed the Treaty should for the time being apply are designated in Schedule 1 to the Order. Within each port the two States have delimited an area comprising a Control Zone within which the immigration authorities of each State will be empowered to exercise immigration control in the territory of the other State. Criminal offences and powers of arrest relating to breaches of immigration control will be extended to the Control Zone and immigration officers may call upon the assistance of the police in exercising these powers. In addition, some offences which are committed by or against immigration officers or the police will apply in the Control Zone. The area comprising the Control Zone has been confirmed through the exchange of diplomatic notes between the two States and a copy can be obtained by writing to the address set out at the end of this Note.

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 3(3)

(4)

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

art. 2(3)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 12(3)

(4)

(4a)

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

art. 2(5)(b)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 12(7)

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

art. 2(5)(d)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 1(3)(ca)

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

art. 2(7)(a)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 2(1)(da)

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

art. 2(7)(b)(i)(aa)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 2(1)(ea)

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

art. 2(7)(b)(i)(bb)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 2(1)(h)(ii)-(vi)

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

art. 2(7)(b)(i)(ee)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 2(2)(d)-(h)

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

art. 2(7)(b)(iii)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 4(ba)

(bb)

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

art. 2(7)(d)(i)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 4(ca)

(cb)

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

art. 2(7)(d)(ii)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 4(e)

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

art. 2(7)(d)(iii)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 5(aa)

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

art. 2(7)(e)(iv)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 4A

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

art. 3

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)(f)

(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

art. 2(a)

art. 1

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 12(4A)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

art. 2(b)

art. 1

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Sch. 2

para. 1A

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

art. 2(c)

art. 1

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 8(2A)

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

Sch. 3

para. 46(3)

Sch. 3

para. 112

reg. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(4A)

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

Sch. 3

para. 47(3)

Sch. 3

para. 112

reg. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)(f)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

art. 2(2)

art. 1(3)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)(g)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

art. 2(3)

art. 1(3)

art. 1(2)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

art. 11(1)(h)

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

art. 2(4)

art. 1(3)

art. 1(2)

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

PART 2PROVISIONS RELATING TO THE EXERCISE OF POWERS BY FRENCH OFFICERS IN A CONTROL ZONE IN THE UNITED KINGDOM

Arrest of French officer7

1

Where an officer belonging to the French Republic is arrested for an act performed in a Control Zone in the United Kingdom, the officer shall be taken to a police station designated under section 35 of the 1984 Act7.

2

The custody officer at the police station to which the officer is taken shall, after consultation with the competent French authorities, determine whether the act was performed by the officer whilst in the exercise of his functions, and may for the purpose of determining that question detain the officer at the police station for not longer than the permitted period.

3

The permitted period is the period of 48 hours beginning at the time at which the officer arrives at the police station.

4

Subject to paragraph (6), the officer shall be treated—

a

as not being detained at the police station for the purposes of section 37 of the 1984 Act8, and

b

as not being in police detention for the purposes of sections 40 to 43 of the 1984 Act9.

5

Where the custody officer determines that the act was performed by the officer whilst in the exercise of his functions, he shall immediately inform the competent French authorities and shall make arrangements within the permitted period for the transfer of the officer to France.

6

In any other case—

a

the custody officer shall immediately inform the officer of his determination,

b

the officer shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and

c

that Part shall have effect in relation to him as if the relevant time mentioned in section 41(2) were the time at which he is informed of the determination.