Sch 8 para 6
(1) Section 34 (defence) shall be amended as follows. (2) For subsection (1) substitute— (1) A person (“ the carrier ”) shall not be liable to the imposition of a penalty under section 32(2) if he has a defence under this section. (3) In subsection (3)(c) omit the first “that”. (4) After subsection (3) insert— (3A) It is also a defence for the carrier to show that— (a) he knew or suspected that a clandestine entrant was or might be concealed in a rail freight wagon, having boarded after the wagon began its journey to the United Kingdom; (b) he could not stop the train or shuttle-train of which the wagon formed part without endangering safety; (c) an effective system for preventing the carriage of clandestine entrants was in operation in relation to the train or shuttle-train; and (d) on the occasion in question the person or persons responsible for operating the system did so properly. (5) Omit subsection (5). (6) For subsection (6) substitute— (6) Where a person has a defence under subsection (2) in respect of a clandestine entrant, every other responsible person in respect of the clandestine entrant is also entitled to the benefit of the defence.