Criminal Justice (Smuggling of Persons) Act 2021
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Interpretation | ||
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2. In this Act— | ||
“Act of 2004” means the Immigration Act 2004 ; | ||
“designated state” means any of the following, other than the State: | ||
(a) a Member State; | ||
(b) the Republic of Iceland; | ||
(c) the Principality of Liechtenstein; | ||
(d) the Kingdom of Norway; | ||
(e) the Swiss Confederation; | ||
(f) the United Kingdom of Great Britain and Northern Ireland; | ||
(g) a Protocol state; | ||
(h) a state that is declared under section 28 to be a designated state; | ||
“enactment” has the same meaning as it has in the Interpretation Act 2005 ; | ||
“immigration law”, in relation to a designated state, means a law which has effect in the designated state and which controls the entry into, transit across or presence in the designated state of a person who is not a national of that state; | ||
“Irish ship” means an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955 ; | ||
“Member State” means a Member State of the European Union; | ||
“Minister” means the Minister for Justice; | ||
“outer limit of the territorial seas” has the meaning assigned to it in section 83 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ; | ||
“Protocol state” means a state, other than the State, that is a party to the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000; | ||
“ship” includes any vessel used in navigation, other than— | ||
(a) a warship, naval auxiliary or other vessel in the service of the Defence Forces or the navy or military of another state, or | ||
(b) any other vessel owned or operated by a government and used, for the time being, only on government non-commercial service; | ||
“United Kingdom of Great Britain and Northern Ireland” includes the Channel Islands and the Isle of Man; | ||
“vehicle” means a car, van, lorry, ship, aircraft, railway train or any other means of transport, mechanically propelled or not, used, constructed or adapted to carry or convey persons or goods by land, water or air and includes any container, trailer, tank or any other thing, which— | ||
(a) is or may be used for the storage of goods in the course of carriage, and | ||
(b) is designed or constructed to be placed on, in or attached to, any such vehicle; | ||
“vessel” means a waterborne craft of any type, whether self-propelled or not, and includes an air cushion craft; | ||
“warship” means a ship belonging to the armed forces of a state bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the state and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline. |