Paragraph 6 I1I2I3

Section 34 (defence) shall be amended as follows.

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.”

In subsection (3)(c) omit the first “that”.

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.”

Omit subsection (5).

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.”