Immigration Act 2003 (Carrier Liability) Regulations, 2003

• Jurisdiction: Ireland
• Citation: IR SI 447/2003

I, Michael McDowell TD, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 11 of the Immigration Act 2003 (No. 26 of 2003), hereby make the following regulations: 1.—(1) These Regulations may be cited as the Immigration Act 2003 (Carrier Liability) Regulations 2003.

(2) These Regulations come into operation on 19 September 2003. 2.—(1) In these Regulations “the Act” means the Immigration Act 2003 (No. 26 of 2003).

(2) In these Regulations—

(a) a reference to a section is a reference to a section in the Act,

(b) a reference to a regulation is a reference to a regulation of these Regulations,

(c) a reference to a Schedule is a reference to a Schedule to these Regulations. 3.—The form of notice specified in Schedule 1 to these Regulations is prescribed for the purposes of section 3(1) of the Act in relation to an offence under section 2(1)(a) of the Act. 4.—The form of notice specified in Schedule 2 to these Regulations is prescribed for the purposes of section 3(1) of the Act in relation to an offence under section 2(1)(b) of the Act. 5.—The form of notice specified in Schedule 3 to these Regulations is prescribed for the purposes of section 3(1) of the Act in relation to an offence under section 2(1)(c) of the Act. 6.—The form of notice specified in Schedule 4 to these Regulations is prescribed for the purposes of section 3(1) of the Act in relation to an offence under section 2(3)(a) of the Act. 7.—The form of notice specified in Schedule 5 to these Regulations is prescribed for the purposes of section 3(1) of the Act in relation to an offence under section 2(3)(b) of the Act.

Schedule 1 Immigration Act 2003 Notice of alleged offence under section 2(1)(a)

1. To: [insert name of carrier]

In respect of the following passenger:

Name: [insert name]

Nationality: [insert nationality where known, apparent nationality to the extent that it can be ascertained, or “not known” as appropriate]

Brought by you to: [insert place of arrival in the State]

On board: [insert flight number, vessel name, vehicle registration mark etc.]

Arriving on: [insert date of arrival] at: [insert time of arrival]

2. You are alleged to have committed an offence under section 2 of the above Act consisting of a contravention of section 2(1)(a) of that Act in that at [insert place of arrival in the State] on [insert date of arrival] you did not ensure that the passenger, a person on board a vehicle arriving in the State from [insert place of embarkation] and seeking (a) to land in the State or (b) to pass through the port of [insert place of arrival in the State] in order to travel to another State [delete (a) or (b) as appropriate] disembarked in compliance with directions given by [insert name of immigration officer], an immigration officer.

3. (1) TAKE NOTICE, You may, during the period of 28 days beginning on the date of this notice, make to the Detective Superintendent (Administration) at Garda National Immigration Bureau, 13 - 14 Burgh Quay, Dublin 2 a payment of €1,500.

(2) No prosecution in respect of the offence alleged will be instituted during the period of 28 days and if payment is made during that period, no prosecution in respect of the alleged offence will be instituted.

(3) Failure to make payment in compliance of the terms of this notice will result in a prosecution.

(4) Persons found guilty of an offence under section 2 shall be liable on summary conviction to a fine of €3,000 for each offence.

Signed: _________________

[name of immigration officer]

Date: [insert date]

Schedule 2 Immigration Act 2003 Notice of alleged offence under section 2(1)(b)

1. To: [insert name of carrier]

In respect of the following passenger:

Name: [insert name]

Nationality: [insert nationality where known, apparent nationality to the extent that it can be ascertained, or “not known” as appropriate]

Brought by you to: [insert place of arrival in the State]

On board: [insert flight number, vessel name, vehicle registration mark etc.]

Arriving on: [insert date of arrival] at: [insert time of arrival]

2. You are alleged to have committed an offence under section 2 of the above Act consisting of a contravention of section 2(1)(b) of that Act in that at [insert place of arrival in the State] on [insert date of arrival] you did not ensure that the passenger, a person on board a vehicle arriving in the State from [insert place of embarkation] and seeking to land in the State was presented to an immigration officer for examination in respect of leave to land.

3. (1) TAKE NOTICE, You may, during the period of 28 days beginning on the date of this notice, make to the Detective Superintendent (Administration) at Garda National Immigration Bureau, 13 - 14 Burgh Quay, Dublin 2 a payment of €1,500.

(2) No prosecution in respect of the offence alleged will be instituted during the period of 28 days and if payment is made during that period, no prosecution in respect of the alleged offence will be instituted.

(3) Failure to make payment in compliance of the...