# Nationality, Immigration and Asylum Act 2002, Paragraph 6


(1) Section 34 (defence) shall be amended as follows.
(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.”

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Source: https://www.legislation.gov.uk/ukpga/2002/41/schedule/8/paragraph/6 (the official version)
Page: https://openlegislation.uk/nationality-immigration-and-asylum-act-2002/schedule-8/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.