The Nationality, Immigration and Asylum Act 2002 (Commencement No. 15) Order 2023

Made: 12th January 2023

The Secretary of State makes this Order in exercise of the powers conferred by section 162(1) and (6) of the Nationality, Immigration and Asylum Act 2002[^f00001].

Citation, interpretation and extent

1

• (1) This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 15) Order 2023.

• (2) In this Order, “the 1999 Act” means the Immigration and Asylum Act 1999[^f00002].

• (3) This Order extends to England and Wales, Scotland and Northern Ireland.

Provisions coming into force on 13th February 2023

2

• (1) To the extent they are not already in force, the following provisions of the Nationality, Immigration and Asylum Act 2002 come into force on 13th February 2023 for the purposes mentioned in paragraph (2)—

• (a) section 125 (carriers’ liability); and

• (b) Schedule 8 (penalty for failure to secure goods vehicle etc).

• (2) Those purposes are—

• (a) the imposition of a penalty under section 31A of the 1999 Act (penalty for failure to secure goods vehicle etc)[^f00003];

• (b) the imposition of a penalty under section 32 of the 1999 Act (penalty for carrying clandestine entrants)[^f00004] on a person responsible for a clandestine entrant within the meaning of subsection (1)(c) of that section; and

• (c) related matters as set out in sections 31A to 37 and section 43 of the 1999 Act[^f00005] in relation to the imposition of penalties in so far as they relate to purposes set out in sub-paragraphs (a) and (b).

Signed

Robert Jenrick — Minister of State — Home Office — 12th January 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the 15th commencement order made under the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”).

This Order brings into force section 125 of, and Schedule 8 to, the 2002 Act on 13th February 2023, in respect of penalties imposed under section 31A of the Immigration and Asylum Act 1999 (“the 1999 Act”) for the failure to secure a goods vehicle and in respect of penalties imposed in relation to individuals falling within the meaning of section 32(1)(c) of the 1999 Act, who have arrived in the United Kingdom on a ship or aircraft, having embarked concealed in a vehicle at a time when the ship or aircraft was outside the United Kingdom, and claim, or indicate that they intend to seek, asylum in the United Kingdom or evade, or attempt to evade, immigration control. Provision is also made for matters related to such penalties.

Footnotes

[^f00001]: 2002 c. 41.

[^f00002]: 1999 c. 33; relevant amendments were made by Schedule 8 to the Nationality, Immigration and Asylum Act 2002 and by Schedule 5 to the Nationality and Borders Act 2022 (c. 36) (“the 2022 Act”).

[^f00003]: Section 31A was inserted by paragraph 3 of Schedule 5 to the 2022 Act.

[^f00004]: Relevant amendments to section 32 were made by paragraph 4 of Schedule 5 to the 2022 Act.

[^f00005]: Relevant amendments to sections 31A to 37 and section 43 were made by Schedule 5 to the 2022 Act.