Commentary on provisions of the Act Section 10: Other consequential amendments relating to removal
This section makes other consequential amendments to existing immigration legislation relating to removal.
	Subsection (2) adds to the criminal offences provided for in section 24(1) of the 1971 Act. New section 24(1)(fa) makes it an offence fora person to disembark whilst still in the UK from a ship, aircraft, train, or vehicle after being placed on board for the purpose of their removal under this Act. By making such disembarkation an offence, this then allows for the use of reasonable force under section 3 of the Criminal law Act 1967 (which enables a person to use reasonable force to prevent a crime).
	Subsection (3) inserts two new paragraphs into section 28(1) of the 1971 Act, the first (new paragraph (aa)) making it an offence for a captain of a ship or aircraft, train manager, or driver of a vehicle to knowingly permit a person to disembark whilst in the UK where required to prevent it under section 8(12) of this Act, and the second (new paragraph (ba)) making it an offence for the owners or agents of ships, aircraft, trains or vehicles to fail, without reasonable excuse, to comply with directions given to them under this Act to remove a person from the UK.
	Subsection (4) inserts new paragraph 11A into Schedule 2 to the 1971 Act which provides that paragraphs 8 to 10 of that Schedule (which makes provision for the removal of persons refused leave to enter and illegal entrants) do not apply to persons where the duty to make arrangements to remove in section 2 applies or the power to make removal arrangements in section 4(2) applies.
	Subsection (6) inserts new subsection (12) into section 10 of the 1999 Act (which makes provision for the removal of persons unlawfully in the UK) which provides that that section does not apply to persons where the duty to make arrangements to remove in section 2 applies or the power to make removal arrangements in section 4(2) applies.
	Subsection (7) amends section 156 of the 1999 Act, the effect of which is that the provisions of that section (which enables the Secretary of State to make arrangements for the escorting of detained persons by contract or otherwise) apply to the removal of persons subject to the duty to remove in section 2.
	Subsection (8) amends section 80A of the 2002 Act, which provides that asylum claims (that is a claim by a person that to remove them from the UK would breach the UK’s obligations under the Refugee Convention) from EU nationals must generally be declared inadmissible to the UK’s asylum system. New subsection (5A) of section 80A provides that the inadmissibility provisions in that section do not apply to a person to whom section 2 applies. Instead, the inadmissibility provisions in section 5 will apply.
	Subsection (9) amends Schedule 3 to the 2004 Act (which makes provision for the removal of asylum seekers to safe third countries) to disapply paragraphs 3, 8 and 13 of that Schedule (which make provision for the determination of a safe third country to which a person who has made an asylum claim may be removed) to persons where the duty to make arrangements to remove in section 2 applies or the power to make removal arrangements in section 4(2) applies.