delete The Carriers' Liability (Clandestine Entrants) (Code of Practice for Freight Shuttle Wagons) Order 2001
This Order brings into force on 1st October 2001 a code of practice entitled 'Civil Penalty: Code of Practice for Channel Tunnel Freight Shuttle Wagons'. The code establishes the practice to be followed by operators of Channel Tunnel freight shuttle wagon systems to prevent clandestine entrants (illegal immigrants) concealed in freight wagons. It operationalizes carrier liability provisions for immigration control.
This regulation delegates the state's border control function to private freight carriers, forcing them to bear the costs of immigration enforcement. A code of practice imposing operational requirements on carriers to prevent clandestine entrants constitutes an unfunded mandate on business — carriers must hire additional staff, install screening equipment, and accept liability for failures they cannot fully control. This burdens Channel Tunnel freight operators specifically, raising their costs and reducing competitiveness compared to alternative shipping routes. The state should perform its own border security functions through Border Force rather than offloading costs and responsibilities onto private enterprises. While clandestine entry is a real problem, this mechanism achieves little beyond shifting costs onto carriers who cannot realistically achieve perfect screening.