Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) (Amendment) Regulations 2001, and (subject to paragraph 2) shall come into force on 1st October 2001.

(2) For the purpose of enabling the exercise of the power to bring into operation a code of practice under section 33(1) and (4) of the Immigration and Asylum Act 1999, these Regulations shall come into force on 27th September 2001.

(3) In these Regulations, “the principal Regulations” means the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) Regulations 2001 ( 3 ).

Amendment of the principal Regulations

2. —(1) The principal Regulations shall be amended as follows.

(2) In regulation 1(3), for the definition of “train” substitute—

• “ “train” means any train other than—

  (a)

  a train engaged on a service for the carriage of passengers; or

  (b)

  a shuttle train ” ;

and insert the following definitions—

• “ “freight shuttle wagon” means a wagon which—

  (a)

  forms part of a shuttle train; and

  (b)

  is designed for the purpose of carrying heavy commercial goods vehicles; ” and

• “ “shuttle train” has the meaning given by section 1(9) of the Channel Tunnel Act 1987 ( 4 ) ; ” .

(3) In regulation 1(4), for “or Schedule of” substitute “of or Schedule to”.

(4) For regulation 2 substitute—

“ 2. For the purposes of Part II of the 1999 Act and for the purposes of these Regulations, “rail freight wagon” means—

(a) any rolling stock, other than a locomotive, which forms part of a train; or

(b) a freight shuttle wagon. ” .

(5) After regulation 4(3) insert—

“ (3A) After section 32(5) insert—

“ (5A) In the case of a clandestine entrant who arrives in the United Kingdom concealed in a freight shuttle wagon, the responsible person is the operator of the shuttle train which includes that freight shuttle wagon. ” . ” .

(6) For regulation 4(6) substitute—

“ (6) In section 34(3)—

(a) in paragraph (a), for “transporter” substitute

• “ rail freight wagon, or, knowing, or having reasonable grounds for suspecting, that a clandestine entrant was, or might be, concealed in the rail freight wagon in circumstances where the clandestine entrant had boarded the train or shuttle train after it had commenced its journey to the United Kingdom, he was not able to stop the train or shuttle train without endangering safety ” ; and

(b) in paragraph (b), for “transporter” substitute “train, or shuttle train, including the rail freight wagon.”. ” .

(7) In regulation 4(9), after sub-paragraph (b) insert—

“ (c) to those definitions, add the definitions of “freight shuttle wagon” and “shuttle train” given in regulation 1(3). ” .

Transitional provision

3. No penalty shall be imposed pursuant to the principal Regulations in respect of a shuttle train which embarked on its journey to the United Kingdom prior to 1st October 2001.