My Lords, this SI has been prepared by the Home Office. It clarifies a provision in the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 relating to the detention at ports power.
Section 141 of the Nationality, Immigration and Asylum Act 2002 permits an order to be made to provide for a law of England and Wales to have effect, with or without modification, at a juxtaposed control at an EEA port. Pursuant to this, the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 was made. At present, the juxtaposed controls locations governed by the 2003 order are those at the ports of Calais and Dunkirk in France and, for the French authorities, at the port of Dover in the UK. These juxtaposed controls are provided for under the Le Touquet treaty of 2003.
The order in 2003 did not follow this model and, instead, stipulated a list of specific immigration enactments to be extended to the control zones in French seaports. To align the operation of controls across all juxtaposed locations in line with the operation of controls across the UK, the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 amended the 2003 order to extend all current immigration enactments, without specificity, to the seaports—