{
  "url": "https://openlegislation.uk/nationality-immigration-and-asylum-act-2002/schedule-8/paragraph-6",
  "json_url": "https://openlegislation.uk/nationality-immigration-and-asylum-act-2002/schedule-8/paragraph-6.json",
  "legislation": "ukpga/2002/41",
  "legislation_title": "Nationality, Immigration and Asylum Act 2002",
  "legislation_url": "https://openlegislation.uk/nationality-immigration-and-asylum-act-2002",
  "path": "schedule/8/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": null,
  "text": "(1) Section 34 (defence) shall be amended as follows.\n(2) For subsection (1) substitute—\n“(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.”\n(3) In subsection (3)(c) omit the first “that”.\n(4) After subsection (3) insert—\n“(3A) It is also a defence for the carrier to show that—\n(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;\n(b) he could not stop the train or shuttle-train of which the wagon formed part without endangering safety;\n(c) an effective system for preventing the carriage of clandestine entrants was in operation in relation to the train or shuttle-train; and\n(d) on the occasion in question the person or persons responsible for operating the system did so properly.”\n(5) Omit subsection (5).\n(6) For subsection (6) substitute—\n“(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.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 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."
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 8 para. 6 in force at 11.5.2012 for specified purposes by S.I. 2012/1263, art. 2"
    },
    {
      "type": "I",
      "label": "I3",
      "text": "Sch. 8 para. 6 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2002/41/schedule/8/paragraph/6",
    "retrieved_at": "2026-10-29T09:18:47.769208+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}