Border Security, Asylum and Immigration Act 2025

• (6) Information that has been supplied under section 30(1) or subsection (3) of this section to a person mentioned in section 30(3)(b) to (e) is to be treated for the purposes of subsections (7) to (10) of this section as also having been supplied to that person under section 30(1) in their capacity as an official of the Secretary of State.

• (7) A person within subsection (3)(a) or (f) of section 30 may, to the extent that this is not otherwise permitted by subsection (3) of this section, supply information received under subsection (1) of section 30 to a person within subsection (3)(a) to (f) of that section for use for any of the following purposes—

• (a) any purpose for which the information was supplied under subsection (1) of that section;

• (b) immigration purposes;

• (c) the purposes of exercising a customs function;

• (d) the law enforcement purposes;

• (e) human welfare purposes;

• (f) safeguarding national security;

• (g) purposes connected with—

• (i) a criminal investigation, or

• (ii) civil or criminal proceedings,

(including investigations and proceedings outside the United Kingdom).

• (8) The Secretary of State by whom immigration and nationality functions are exercisable may supply information received under section 30(1) to any person (whether or not within the United Kingdom) for use for any of the following purposes—

• (a) a purpose within section 40(1) of the UK Borders Act 2007;

• (b) purposes connected with—

• (i) a criminal investigation relating to an immigration or nationality matter, or

• (ii) civil or criminal proceedings relating to such a matter,

(including investigations and proceedings outside the United Kingdom).

• (9) The Secretary of State by whom general customs functions are exercisable may supply information received under section 30(1) to any person (whether or not within the United Kingdom) for use for purposes connected with—

• (a) a criminal investigation, or

• (b) civil or criminal proceedings relating to a customs function,

(including investigations and proceedings outside the United Kingdom).

• (10) A person who receives information under or by virtue of—

• (a) section 30(1),

• (b) subsection (1)(b), (7), (8) or (9) of this section, or

• (c) section 32(3) or (4)(b),

may supply the information to any person in pursuance of an order of a court.

• (11) This section does not prevent the disclosure of information to HMRC.

• (12) This section is subject to section 32.

• (13) In this section—

• “immigration and nationality functions” has the meaning given by section 40(4) of the UK Borders Act 2007;

• “immigration or nationality matter” means a matter in respect of which the Secretary of State has immigration and nationality functions.

Further provision about use and disclosure of information under section 31

32

• (1) Section 31(2), (7), (8) or (9) does not apply if the use or supply of the information would breach any restrictions imposed by HMRC, or a person acting on HMRC’s behalf, when the information was supplied under section 30(1).

• (2) A person who receives information under or by virtue of subsection (1)(b), (7), (8) or (9) of section 31 or by virtue of subsection (3) or (4)(b) of this section may use it only for the purposes for which it was supplied.

• (3) A person who receives information under or by virtue of subsection (1)(b), (7), (8) or (9) of section 31 or by virtue of this subsection may not further disclose it without the consent of the Commissioners for His Majesty’s Revenue and Customs (which may be general or specific).

• (4) A person who receives information under subsection (3) of section 31 or by virtue of this subsection may not further disclose it—

• (a) in the case only of information received under subsection (3) of section 31, except as permitted by subsection (3), (7), (8), (9) or (10) of that section;

• (b) without the consent of the Commissioners for His Majesty’s Revenue and Customs (which may be general or specific).

• (5) A person who supplies information in reliance on subsection (1)(b), (7), (8) or (9) of section 31 or subsection (3) or (4)(b) of this section must notify the recipient of the limitations and prohibitions that apply to the information by virtue of this section.

• (6) Subsection (7) applies if—

• (a) a person discloses information in contravention of subsection (1)(b) of section 31 or subsection (3) or (4)(b) of this section, and

• (b) the information relates to a person whose identity is specified in, or can be deduced from, the disclosure.

• (7) Section 19 of the Commissioners for Revenue and Customs Act 2005 (offence of wrongful disclosure) applies in relation to the disclosure as it applies in relation to a disclosure in contravention of section 20(9) of that Act.

• (8) This section does not prevent the disclosure of information to HMRC.

Supply of trailer registration information

33

• (1) The Secretary of State for Transport may supply trailer registration information in accordance with subsections (3) to (8).

• (2) “Trailer registration information” means any information held by the Secretary of State for Transport under Part 2 of the Haulage Permits and Trailer Registration Act 2018.

• (3) The information may be supplied to the Secretary of State for the Home Department for use in connection with any of the following purposes—

• (a) immigration purposes;

• (b) the law enforcement purposes;

• (c) human welfare purposes;

• (d) purposes connected with the exercise of functions under the Proceeds of Crime Act 2002;

• (e) safeguarding national security;

• (f) responding to an emergency.

• (4) The information may be supplied to the Secretary of State by whom general customs functions are exercisable for use in connection with a customs function exercisable by the Secretary of State.

• (5) The information may be supplied to the National Crime Agency for use in connection with any NCA functions.

• (6) The information may be supplied to HMRC for use in connection with any HMRC functions.

• (7) The information may be supplied to a UK authorised person or a UK authorising officer for use in connection with any of the following purposes—

• (a) specified purposes related to policing;

• (b) the law enforcement purposes;

• (c) safeguarding national security.

• (8) The information may be supplied to a non-UK authorised person or a non-UK authorising officer for use in connection with any of the following purposes—

• (a) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;

• (b) purposes connected with the exercise of any statutory functions of the recipient relating to customs, excise, immigration or the proceeds of crime.

• (9) Information received by the Secretary of State under subsection (3) may be supplied by the Secretary of State to any of the following persons for use in connection with any of the purposes listed in subsection (3)—

• (a) an immigration officer;

• (b) a designated customs official;

• (c) the Border Security Commander.

• (10) Information received by the Secretary of State under subsection (4) may be supplied by the Secretary of State to either or both of the following persons for use in connection with a customs function exercisable by the person—

• (a) the Director of Border Revenue;

• (b) a designated customs official.

• (11) If at any time the Secretary of State by whom general customs functions are exercisable is not the Secretary of State for the Home Department, subsection (3) is to be read at that time as if the reference to the Secretary of State for the Home Department included a reference to the Secretary of State by whom general customs functions are exercisable.

Onwards sharing of information shared under section 33

34

• (1) A person who receives information under section 33(3), (4), (9) or (10) may supply the information—

• (a) to a person exercising public functions (whether or not within the United Kingdom) for use in connection with any of the following purposes—

• (i) immigration purposes;

• (ii) the purposes of exercising a customs function;

• (iii) specified purposes related to policing;

• (iv) the law enforcement purposes;

• (v) human welfare purposes;

• (vi) safeguarding national security;

• (vii) responding to an emergency;

• (viii) purposes connected with civil or criminal legal proceedings or a criminal investigation (including proceedings or an investigation outside the United Kingdom), or

• (b) to another person in pursuance of—

• (i) an order of a court, or

• (ii) an agreement to which the United Kingdom or His Majesty’s Government is a party.

• (2) A UK authorised person or a UK authorising officer who receives information under section 33(7) may supply the information as mentioned in subsection (1)(a) or (b)(i).

Sections 30 to 34: general provision about disclosure

35

• (1) Nothing in sections 30 to 34 limits the circumstances in which information may be supplied apart from those sections.

• (2) Sections 30 to 34 do not authorise a disclosure of information if the disclosure would contravene the investigatory powers legislation.

• (3) In this section “the investigatory powers legislation” means Parts 1 to 7 and Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

Sections 30 to 34: interpretation

36

• (1) This section applies for the purposes of sections 30 to 34.

• (2) References to the following persons have the following meanings—

• “the Border Security Commander” means the person designated under section 1 of this Act;

• “designated customs official” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act);

• “the Director of Border Revenue” means the person designated under section 6 of the Borders, Citizenship and Immigration Act 2009;

• “HMRC” means His Majesty’s Revenue and Customs;

• “immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

• (3) A “UK authorised person” means—

• (a) for the purposes of section 30, a person in the first column of the following table who is authorised to receive information under section 30(1) by the person specified in the corresponding entry in the second column of the table;

• (b) for the purposes of sections 33 and 34, a person in the first column of the following table who is authorised to receive information under section 33(7) by the person specified in the corresponding entry in the second column of the table.

Person	Authorising officer
a constable or other person who is under the direction and control of a person who has the direction and control of a body of constables	the person under whose direction and control the constable or other person is
a member of a service police force or other person who is under the direction and control of a Provost Marshal	the relevant Provost Marshal

• (4) In the table in subsection (3)—

• “constable” includes special constable;

• “relevant Provost Marshal” means— in relation to a member of a service police force— the Provost Marshal of that service police force, or in the case of a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006, the Provost Marshal for serious crime; in relation to any other person who is under the direction and control of a Provost Marshal, the Provost Marshal under whose direction and control the person is;

• “service police force” has the same meaning as in the Armed Forces Act 2006 (see section 375(1) of that Act).

• (5) A “UK authorising officer” means—

• (a) a person having the direction and control of a body of constables, and

• (b) a Provost Marshal.

• (6) A “non-UK authorised person” means a person specified in the first column of the following table who is authorised to receive information under section 33(8) by the person specified in the corresponding entry in the second column of the table.

Person	Authorising officer
A member of the States of Jersey Police Force	The Chief Officer of the States of Jersey Police Force
A Deputy Agent of the Impôts or an officer of the Impôts	The Agent of the Impôts of the Bailiwick of Jersey
An employee or member of the Jersey Financial Intelligence Unit	The Director of the Jersey Financial Intelligence Unit
A member of the salaried Police Force of the Island of Guernsey	The Chief Officer of the salaried Police Force of the Island of Guernsey
An employee of the States of Guernsey	The Chief Officer of the salaried Police Force of the Island of Guernsey
An officer of Customs and Excise of the Bailiwick of Guernsey	The Chief Officer of Customs and Excise of the Bailiwick of Guernsey
An immigration officer of the Bailiwick of Guernsey	The Chief Officer of Customs and Excise of the Bailiwick of Guernsey
A person authorised to exercise a function of the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey	The Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey
A member of staff of the Financial Intelligence Unit of the Bailiwick of Guernsey	The head of the Financial Intelligence Unit of the Bailiwick of Guernsey
A member of the Isle of Man Constabulary	The Chief Constable of the Isle of Man Constabulary
An employee of the Isle of Man Public Services Commission	The Chief Constable of the Isle of Man Constabulary
An officer of Customs and Excise of the Isle of Man	The Treasury Minister of the Isle of Man
An immigration officer of the Isle of Man	The Treasury Minister of the Isle of Man
A member of staff of the Isle of Man Financial Intelligence Unit	The Director of the Isle of Man Financial Intelligence Unit
A member of the Royal Gibraltar Police	The Commissioner of the Royal Gibraltar Police
A member of the Gibraltar Defence Police	The Chief Officer of the Gibraltar Defence Police
An officer of His Majesty’s Customs Gibraltar	The Collector of Customs of His Majesty’s Government of Gibraltar

• (7) A “non-UK authorising officer” means a person specified in the second column of the table in subsection (6).

• (8) References to the following purposes or functions have the following meanings—

• “customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act);

• “general customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 1(8) of that Act);

• “HMRC functions” means functions of the Commissioners for His Majesty’s Revenue and Customs or of officers of Revenue and Customs, within the meaning of the Commissioners for Revenue and Customs Act 2005 (see section 51(2) to (2B) of that Act);

• “human welfare purposes” means any of the following— preventing loss of human life; preventing serious physical harm to a person; safeguarding vulnerable people;

• “immigration purposes” has the meaning given by section 20(3) of the Immigration and Asylum Act 1999;

• “the law enforcement purposes” has the same meaning as in Part 3 of the Data Protection Act 2018 (section 31 of that Act);

• “NCA functions” has the same meaning as in Part 1 of the Crime and Courts Act 2013 (see section 16(1) of that Act);

• “specified purposes related to policing” means purposes related to policing that are specified in regulations made under this subsection by the Secretary of State.

• (9) Before making regulations under subsection (8), the Secretary of State must consult—

• (a) the Scottish Ministers,

• (b) the Department of Justice in Northern Ireland, and

• (c) such persons appearing to the Secretary of State to represent the views of a body of constables in the United Kingdom as the Secretary of State considers appropriate.

Provision of biometric information by evacuees etc

Provision of biometric information by evacuees etc

37

• (1) An authorised person may take biometric information from a person to whom this section applies.

• (2) This section applies to a person if—

• (a) the authorised person reasonably believes that, if the person were to seek to enter the United Kingdom, the person would require leave to do so (whether or not such leave has been given), and

• (b) His Majesty’s Government is considering whether to facilitate, or is facilitating or has facilitated, the person’s departure from a state or territory.

• (3) An authorised person may not take biometric information from a child under the age of 16 except in the presence of a person aged 18 or over who is—

• (a) the child’s parent or guardian, or

• (b) a person who for the time being takes responsibility for the child.

• (4) The person mentioned in subsection (3)(b) may not be—

• (a) an authorised person, or

• (b) an officer of the Secretary of State who is not an authorised person.

• (5) Subsection (3) does not prevent an authorised person from taking biometric information from a child if the authorised person reasonably believes that the child is aged 16 or over.

• (6) In this section and section 38—

• “authorised person” means a person authorised by the Secretary of State for the purposes of this section;

• “biometric information” has the meaning given by section 15(1A) of the UK Borders Act 2007.

• (7) References in this section and section 38 to the taking of biometric information from a person include the recording of biometric information about the person.

• (8) Biometric information may be taken under this section outside the United Kingdom.

Use and retention of information taken under section 37

38

• (1) An authorised person who takes biometric information under section 37 must supply that information to the Secretary of State as soon as reasonably practicable.

• (2) Biometric information taken under section 37 may be used by the Secretary of State in connection with—

• (a) the exercise of a function relating to immigration or nationality, or

• (b) the exercise of a function relating to law enforcement or the protection of national security.

• (3) The Secretary of State may retain biometric information taken under section 37 only if the Secretary of State considers that it is necessary to retain the information for any use mentioned in subsection (2).

• (4) The Secretary of State must take all reasonable steps to ensure that the information is destroyed on or before the earliest of the following to occur—

• (a) the Secretary of State no longer considering that it is necessary to retain the information for any use mentioned in subsection (2), and

• (b) the end of the period of 5 years beginning with the day on which the information was taken.

• (5) But the requirement to destroy biometric information does not apply if and in so far as the information is retained under a power apart from subsection (3).

• (6) Biometric information retained by the Secretary of State by virtue of subsection (3) may also be used by the Secretary of State for the purpose of identifying a person whose departure His Majesty’s Government is considering whether to facilitate, or is facilitating or has facilitated, as mentioned in section 37(2)(b).

• (7) Where the Secretary of State’s use of biometric information under subsection (6) involves transferring that information to a third country or to an international organisation, the transfer is to be taken as being necessary for important reasons of public interest for the purposes of Article 49(1)(d) of the UK GDPR.

• (8) In subsection (7)—

• “international organisation” and “third country” have the same meaning as in the UK GDPR (see Article 4 of the Regulation);

• “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).

Provision of biometric information at ports in Scotland

Provision of biometric information at ports in Scotland

39

• (1) In Schedule 8 to the Terrorism Act 2000, in paragraph 20(1) (power to take fingerprints etc: Scotland) for “a person detained under Schedule 7 or section 41 at a police station in Scotland” substitute

— (a) a person detained under section 41 at a police station in Scotland, or (b) a person detained under Schedule 7 in Scotland,

.

• (2) In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security), in paragraph 42(1) (power to take fingerprints etc: Scotland) omit “at a police station”.

Part 2 — Asylum and immigration

Repeal of immigration legislation

Repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024

40

The Safety of Rwanda (Asylum and Immigration) Act 2024 is repealed.

Repeal of certain provisions of the Illegal Migration Act 2023

41

• (1) The following provisions of the Illegal Migration Act 2023 are repealed—

• (a) sections 1 to 6 and Schedule 1;

• (b) sections 7 to 11;

• (c) sections 13 to 15 and Schedule 2;

• (d) sections 16 to 28;

• (e) sections 30 to 51;

• (f) sections 53 to 58;

• (g) section 61;

• (h) section 66.

• (2) Section 8AA of the Immigration Act 1971 (persons ineligible for leave to enter and remain, entry clearance and ETA) (inserted by section 30(3) of the Illegal Migration Act 2023) is to be treated as never having been in force.

Sections 40 and 41: consequential amendments

42

• (1) In the Immigration Act 1971—

• (a) in section 8(1) (exceptions for seamen and aircrews) omit paragraph (d) and the “or” before it;

• (b) omit section 8AA (persons ineligible for leave to enter and remain, entry clearance and ETA);

• (c) in paragraph 17A of Schedule 2 (periods for which persons may be detained)—

• (i) in sub-paragraph (2) omit “(2C),”;

• (ii) in sub-paragraph (3) omit paragraph (d).

• (2) In the British Nationality Act 1981—

• (a) in section 3 (acquisition of British citizenship by registration: minors) omit subsection (7);

• (b) in section 4 (acquisition of British citizenship by registration: British overseas territories citizens etc) omit subsection (7);

• (c) in section 4A (acquisition of British citizenship by registration: further provision for British overseas territories citizens) omit subsection (3);

• (d) in section 4AA (acquisition of British citizenship by registration: Irish citizens) (as inserted by section 1(2) of the British Nationality (Irish Citizens) Act 2024) omit subsection (4);

• (e) in section 5 (acquisition of British citizenship by registration: British overseas territories citizens having connection with Gibraltar) omit “Subject to sections 31, 32 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”;

• (f) in section 6 (acquisition of British citizenship by naturalisation) omit subsection (3);

• (g) in section 10 (registration as British citizen following renunciation of citizenship of UK etc) omit subsection (5);

• (h) in section 13 (resumption of British citizenship) omit subsection (4);

• (i) in section 17 (acquisition of British overseas territories citizenship by registration: minors) omit subsection (7);

• (j) in section 18 (acquisition of British overseas territories citizenship by naturalisation) omit subsection (4);

• (k) in section 22 (right to registration as British overseas territories citizen replacing right to resume citizenship of UK etc) omit subsection (5);

• (l) in section 24 (renunciation and resumption of British overseas territories citizenship) omit “Subject to sections 31, 33 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”;

• (m) in section 27 (registration of minors as British overseas citizens), in subsection (1), omit “Subject to sections 31, 34 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”;

• (n) in section 32 (registration of minors as British subjects) omit “Subject to sections 31, 35 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”.

• (3) In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)—

• (a) in subsection (2O), for “to (2A)” substitute “and (2)”;

• (b) in subsection (2P) omit paragraph (b).

• (4) In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”), omit paragraph (o).

Immigration advisers and immigration service providers

Immigration advisers and immigration service providers

43

Schedule 1 contains amendments of Part 5 of the Immigration and Asylum Act 1999 (immigration advisers and immigration service providers) and certain related amendments of other provision.

Deportation etc

Detention and exercise of functions pending deportation

44

• (1) Paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation) is amended in accordance with subsections (2) to (5).

• (2) For sub-paragraph (2) substitute—

(2) A person (“P”) who is not detained in pursuance of the sentence or order of a court may be detained under the authority of the Secretary of State— (a) while the Secretary of State considers whether to make a deportation order against P, and (b) where the Secretary of State decides to make a deportation order against P, pending the making of the deportation order. (2A) Sub-paragraph (2) applies only if— (a) the Secretary of State has notified P in writing that the Secretary of State is considering whether to make a deportation order against P, or (b) where no notice has been given under paragraph (a), the Secretary of State has notified P in writing that the Secretary of State has decided to make a deportation order against P.

• (3) In sub-paragraph (3A), for “the deportation order” substitute “the decision whether to make a deportation order, or the deportation order,”.

• (4) In sub-paragraph (3B), after “prevents” insert “the decision or”.

• (5) In sub-paragraph (3D), after “considers that” insert “the decision or”.

• (6) Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is amended in accordance with subsections (7) to (9).

• (7) In subsection (7)—

• (a) in paragraph (c), for the words from “has decided” to the end of the paragraph substitute

— (i) is considering whether to make a deportation order, (ii) is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies, (iii) has decided to make a deportation order, or (iv) has decided that section 32(5) of that Act applies;

, and

• (b) in paragraph (f)(ii), after “(c)(i)” insert “or (iii)”.

• (8) In subsection (8), in paragraph (c), for the words from “, when” to the end of the paragraph substitute

— (i) when C is notified of the matter mentioned in subsection (7)(c)(i) or (ii), or (ii) if no such notification is given to C, when C is notified of the decision mentioned in subsection (7)(c)(iii) or (iv);

.

• (9) In subsection (9)(c)—

• (a) before sub-paragraph (i) insert—

(zi) the time when C is notified of the Secretary of State’s decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C,

, and

• (b) in sub-paragraph (i), after “(7)(c)” insert “(iii) or (iv)”.

• (10) Regulation 2 of the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772) (photographs) is amended in accordance with subsections (11) to (13).

• (11) In paragraph (7)—

• (a) for sub-paragraph (c) substitute—

(c) any person (“C”) in respect of whom the Secretary of State— (i) is considering whether to make a deportation order, (ii) is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies, (iii) has decided to make a deportation order, or (iv) has decided that section 32(5) of that Act applies;

, and

• (b) in sub-paragraph (g)(ii), after “(c)(i)” insert “or (iii)”.

• (12) In paragraph (11), in sub-paragraph (c), for the words from “, when” to the end of the sub-paragraph substitute

— (i) when C is notified of the matter mentioned in paragraph (7)(c)(i) or (ii), or (ii) if no such notification is given to C, when C is notified of the decision mentioned in paragraph (7)(c)(iii) or (iv);

.

• (13) In paragraph (12)(a)(iii)—

• (a) before sub-paragraph (aa) insert—

(zaa) the time when C is notified of the Secretary of State’s decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C;

, and

• (b) in sub-paragraph (aa), for “(7)(c)(i)” substitute “(7)(c)(iii) or (iv)”.

• (14) Section 51 of the Immigration Act 2016 (search for nationality documents by detainee custody officers etc) is amended in accordance with subsections (15) and (16).

• (15) In subsection (2)—

• (a) for paragraph (b) substitute—

(b) in respect of whom the Secretary of State— (i) is considering whether to make a deportation order under section 5(1) of that Act, (ii) has decided to make such a deportation order, or (iii) has made such a deportation order, or

,

• (b) omit paragraph (c) and the “or” at the end of that paragraph, and

• (c) for paragraph (d) substitute—

(d) in respect of whom the Secretary of State— (i) is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies, (ii) has decided that section 32(5) of that Act applies, or (iii) has made such a deportation order in accordance with section 32(5) of that Act.

• (16) After subsection (4) insert—

(4A) The Secretary of State may give a direction as mentioned in subsection (2)(b)(i) or (ii) in relation to a person detained in a prison or young offender institution only if— (a) the Secretary of State has notified the person in writing that the Secretary of State is considering whether to make a deportation order under section 5(1) of the Immigration Act 1971 against the person, or (b) where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided to make such a deportation order against the person. (4B) The Secretary of State may give a direction as mentioned in subsection (2)(d)(i) or (ii) in relation to a person detained in a prison or young offender institution only if— (a) the Secretary of State has notified the person in writing that the Secretary of State is considering whether section 32(5) of the UK Borders Act 2007 applies in respect of the person, or (b) where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided that section 32(5) of that Act applies in respect of the person.

• (17) The amendments made by subsections (1) to (13) are to be treated as always having had effect.

EU Settlement Scheme

EU Settlement Scheme: rights of entry and residence etc

45

• (1) For the purposes of this section “relevant citizens’ rights” means the rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

• (a) are recognised and available in domestic law by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018, and

• (b) are derived from—

• (i) Title 2 of Part 2 of the withdrawal agreement or Title 1 or 4 of Part 2 of that agreement so far as relating to Title 2 of that Part,

• (ii) Title 2 of Part 2 of the EEA EFTA separation agreement or Title 1 or 4 of Part 2 of that agreement so far as relating to Title 2 of that Part, or

• (iii) Article 4(2), 7 or 8 or Chapter 1 of Title 2 of Part 2 of the Swiss citizens’ rights agreement or Title 1 of Part 2 of that agreement so far as relating to Chapter 1 of Title 2 of that Part.

• (2) Subsection (5) applies to a person (“P”) where—

• (a) P has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

• (b) the leave was granted to P on the basis of requirements which included that P is a relevant national or is (or was) a family member of a person who is (or was) a relevant national,

• (c) each of the requirements on the basis of which P’s leave was granted was in fact met,

• (d) either—

• (i) in a case where P’s leave was not granted on the basis that P is (or was) a joining family member of a relevant sponsor, P was resident in the United Kingdom or the Islands immediately before the end of the implementation period, or

• (ii) in a case where P’s leave was granted on the basis that P is (or was) a joining family member of a relevant sponsor, the relevant sponsor was resident in the United Kingdom or the Islands immediately before the end of the implementation period, and

• (e) the residency mentioned in paragraph (d) was not relevant residency.

• (3) For the purposes of subsection (2)—

• (a) a person is to be treated as a family member of another person if they are treated as the family member of that person by residence scheme immigration rules;

• (b) “joining family member” and “relevant sponsor” have the same meaning as in residence scheme immigration rules;

• (c) a person is to be treated as resident in the United Kingdom or the Islands immediately before the end of the implementation period even if they were temporarily absent from the United Kingdom or the Islands at that time if their absence was permitted for the purposes of establishing or maintaining eligibility for leave under residence scheme immigration rules;

• (d) “relevant national” means a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland.

• (4) In this section “relevant residency” means—

• (a) residency in accordance with Union law (within the meaning of the withdrawal agreement),

• (b) residency in accordance with the EEA Agreement (within the meaning of the EEA EFTA separation agreement), or

• (c) residency in accordance with the FMOPA (within the meaning of the Swiss citizens’ rights agreement).

• (5) Relevant citizens' rights—

• (a) are capable of accruing and applying to a person to whom this subsection applies notwithstanding that the residency mentioned in subsection (2)(d) was not relevant residency, and

• (b) are to be enforced, allowed and followed accordingly.

• (6) Every enactment (including an enactment contained in this Act) is to be read and has effect subject to subsection (5).

• (7) In this section—

• “EEA EFTA separation agreement” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

• “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act);

• “the implementation period” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 1A(6) of that Act);

• “the Islands” means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;

• “residence scheme immigration rules” has the same meaning as in Part 3 of the European Union (Withdrawal Agreement) Act 2020 (see section 17 of that Act);

• “Swiss citizens’ rights agreement” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

• “withdrawal agreement” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that Act).

Conditions on leave and bail

Conditions on limited leave to enter or remain and immigration bail

46

• (1) The Immigration Act 1971 is amended in accordance with subsections (2) and (3).

• (2) In section 3 (general provisions for regulation and control)—

• (a) in subsection (1)(c)—

• (i) omit the “and” at the end of sub-paragraph (iv), and

• (ii) at the end of sub-paragraph (v) insert—

(vi) an electronic monitoring condition (see Schedule 1A); (vii) a condition requiring the person to be at a particular place between particular times, either on particular days or on any day; (viii) a condition requiring the person to remain within a particular area; (ix) a condition prohibiting the person from being in a particular area; (x) such other conditions as the Secretary of State thinks fit.

, and

• (b) after subsection (1) insert—

(1A) A condition under any of sub-paragraphs (vi) to (x) of subsection (1)(c) may be attached to limited leave to enter or remain in the United Kingdom given to a person only if the Secretary of State considers that— (a) the person poses a threat to national security, (b) the person poses a threat to the safety of the public, a section of the public, a particular individual or particular individuals, (c) the person has committed an offence that is specified, or falls within a description specified, in Schedule 1 to the Serious Crime Act 2007 (serious offences), (d) the person has committed— (i) an offence that is specified in Part 2 of Schedule 18 to the Sentencing Code (specified sexual offences), (ii) a sexual offence for the purposes of section 210A of the Criminal Procedure (Scotland) Act 1995 (extended sentences), or (iii) an offence that is specified in Part 2 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (specified sexual offences), or (e) the person— (i) has committed, or is suspected of having committed, an offence outside the United Kingdom, and (ii) the act constituting the offence would, if it had been done in any part of the United Kingdom, have constituted an offence within paragraph (c) or (d) (other than an offence within paragraph (xxviii) of the definition of “sexual offence” in section 210A(10) of the Criminal Procedure (Scotland) Act 2010). (1B) For the purposes of subsection (1A)(e) an act punishable under the law in force in a country or territory outside the United Kingdom constitutes an offence under that law however it is described in that law.

• (3) Before Schedule 2 insert—

Schedule 1A (1) For the purposes of section 3(1)(c)(vi), an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following— (a) P’s location at specified times, during specified periods of time or while the arrangements are in place; (b) P’s presence in a location at specified times, during specified periods of time or while the arrangements are in place; (c) P’s absence from a location at specified times, during specified periods of time or while the arrangements are in place. (2) The arrangements may in particular— (a) require P to wear a device; (b) require P to make specified use of a device; (c) require P to communicate in a specified manner and at specified times or during specified periods; (d) involve the exercise of functions by persons other than the Secretary of State. (3) If the arrangements require P to wear, or make specified use of, a device they must— (a) prohibit P from causing or permitting damage to, or interference with, the device, and (b) prohibit P from taking or permitting action that would or might prevent the effective operation of the device. (4) An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old. (5) In this Schedule “specified” means specified in the arrangements.

• (4) In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 2(1) (conditions of bail), after paragraph (e) insert—

(ea) a condition requiring the person to be at a particular place between particular times, either on particular days or on any day; (eb) a condition requiring the person to remain within a particular area; (ec) a condition prohibiting the person from being in a particular area;

.

Powers to take biometric information

Powers to take biometric information

47

• (1) Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is amended in accordance with subsections (2) to (5).

• (2) In subsection (5)—

• (a) omit the “or” at the end of paragraph (d), and

• (b) after paragraph (e) insert—

(f) a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a short-term holding facility contract; or (g) a person of a description specified in regulations made by the Secretary of State.

• (3) After subsection (6) insert—

(6A) In this section— (a) “short-term holding facility” has the same meaning as in Part 8, (b) “short-term holding facility contract” means a contract entered into by the Secretary of State under section 149 as extended to short-term holding facilities by regulations under section 157(1), and (c) “contractor”, in relation to a short-term holding facility which is being run in accordance with a short-term holding facility contract, means the person who has contracted to run it.

• (4) In subsection (12)—

• (a) in paragraph (b), for “or (e)” substitute “, (e) or (f)”, and

• (b) after paragraph (d) insert—

(e) if the authorised person is specified in regulations made by the Secretary of State under subsection (5)(g), by a person, or a person of a description, specified in such regulations.

• (5) Omit subsection (17).

• (6) In section 144(1) of the Immigration and Asylum Act 1999 (power to make provision equivalent to sections 141 and 142 in relation to other biometric information), after “142” insert “, or to provision made under section 141,”.

Employment

Extension of prohibition on employment to other working arrangements

48

• (1) The Immigration, Asylum and Nationality Act 2006 is amended as follows.

• (2) In the italic heading before section 15, after “Employment” insert “and other working arrangements”.

• (3) Before section 15, after the italic heading insert—

(14A) (1) In sections 15 to 24, a reference to a person employing another person includes a reference to— (a) a person (“person A”) engaging an individual (“individual A”) under a worker’s contract, (b) a person (“person B”) engaging an individual sub-contractor (“individual B”), and (c) an online matching service (“person C”) providing the details of an individual who is a service provider (“individual C”) to potential clients or customers. (2) Accordingly— (a) references in sections 15 to 24 to employment include engagement of the kind mentioned in paragraph (a) or (b) of subsection (1) or the provision of details as mentioned in paragraph (c) of that subsection; (b) references in those sections to an employer include person A, person B or person C; (c) references in those sections to an employee include individual A, individual B or individual C. (3) In this section— - “worker’s contract” means a contract, other than a contract of service or apprenticeship, under which— individual A undertakes to do or perform personally work or services for person A or another person (whether or not that other person is specified in the contract), and person A is neither a client nor customer of any profession or business undertaking carried on by individual A; - “individual sub-contractor” means an individual (“individual B”) who has entered into a contract with person B to provide work or services in circumstances where person B has entered into a contract with a third party to provide, or arrange for the provision of, the work or services but individual B has not; - “online matching service” means a person who, in the course of a business— keeps a register of service providers for the purpose of matching them with potential clients or customers, provides an online service by which potential clients or customers can submit enquiries for the purpose of being matched with suitable service providers, and charges a fee or commission in return for making such matches; - “service provider” means a person providing, or seeking to provide, work or services for remuneration. (4) Subsection (1)(a), and subsection (2) so far as it has effect in consequence of subsection (1)(a), do not apply if and to the extent that— (a) under the worker’s contract, individual A undertakes to do or perform personally work or services for a person other than person A (whether or not that other person is specified in the contract), and (b) the status of a person for whom individual A does or performs work or services under the contract is that of a client or customer of a profession or business undertaking carried on by individual A. (5) In this section a reference to a contract includes a contract that is express or implied and (if it is express) whether oral or in writing. (6) This section is subject to subsection (2) of section 15A (which provides for subsection (1)(a) of that section not to apply in relation to an online matching service).

• (4) After section 15 insert—

(15A) (1) Subsection (4) applies where a person (“A”)— (a) employs an individual to provide work or services, or (b) is contracted to provide, or arrange for the provision of, work or services and enters into a contract under which another person is to provide, or arrange for the provision of, the work or services (or part of the work or services). (2) The reference in subsection (1)(a) to A employing an individual does not include A doing so as mentioned in section 14A(1)(c) (online matching services). (3) Subsection (4) also applies where— (a) a person (“A”) is an online matching service who provides the details of another person who is a service provider to potential clients or customers, and (b) as a result of being matched by person A, the service provider enters into a contract with a client or customer for the provision of work or services. (4) For the purposes of section 15, and where this would not otherwise be the case, A is to be treated as employing any individual (“B”) who personally provides the work or services (or any part of the work or services), including where— (a) A is not in a contractual relationship with B, or (b) A does not know that B is providing the work or services (or part of the work or services). (5) Subsection (4) applies where A is contracted to provide, or arrange for the provision of, the work or services regardless of whether that contract is the first or any other contract in a chain of contracts to provide, or arrange for the provision of, the work or services (or part of the work or services). (6) This section does not affect the liability of any other employer under section 15. (7) In sections 15, 16, 17, 23 and 24 a reference to a person employing another person includes a reference to a person who is treated as doing so by virtue of subsection (4); and references in those sections to employment, employers and employees are to be construed accordingly. (8) In this section “online matching service” and “service provider” have the same meaning as in section 14A.

• (5) In section 25—

• (a) in paragraph (b), at the beginning insert “subject to sections 14A and 15A,”,

• (b) in paragraph (b), omit from “whether” to the end of the paragraph, and

• (c) after that paragraph insert—

(ba) a reference to a contract includes a contract that is express or implied and (if it is express) whether oral or in writing,

.

Appeals

Timeframe for determination of appeal brought by appellant receiving accommodation support

49

After section 86 of the Nationality, Immigration and Asylum Act 2002 insert—

(86A) (1) This section applies on an appeal under section 82(1)(a) brought by a person to whom, at the time the appeal is instituted, accommodation is being provided under section 95 or 98 of the Immigration and Asylum Act 1999. (2) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted. (3) But subsection (2) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.

Timeframe for determination of certain appeals brought by non-detained appellants liable to deportation

50

• (1) After section 86A of the Nationality, Immigration and Asylum Act 2002 (as inserted by section 49) insert—

(86B) (1) This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection (2). (2) A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person— (a) is not detained (whether under any provision of the Immigration Acts or otherwise), (b) has been convicted of an offence (whether in or outside the United Kingdom), and (c) is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good). (3) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted. (4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.

• (2) In Schedule 2 to the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (application of the 2002 Act to appeals to the Tribunal)—

• (a) in paragraph 1, after paragraph (b) insert—

(ba) section 86B;

;

• (b) in paragraph 3, after sub-paragraph (5) insert—

(5A) Section 86B has effect as if for subsection (4) there were substituted— (4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.

• (3) In Schedule 2 to the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals to the First-tier Tribunal), as it continues to have effect following its revocation, after paragraph 1 insert—

(1A) Section 86B of the 2002 Act (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) applies in relation to an appeal under these Regulations to the First-tier Tribunal as it applies in relation to an appeal under section 82(1) of the 2002 Act but as if for subsection (4) there were substituted— (4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.

Refugee Convention

Refugee Convention: particularly serious crime

51

• (1) Section 72 of the Nationality, Immigration and Asylum Act 2002 (construction and application of Article 33(2) of Refugee Convention) is amended as follows.

• (2) After subsection (5) insert—

(5ZA) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if— (a) the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and (b) the person is not, by virtue of the conviction, a person falling within subsection (2). (5ZB) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if— (a) the person is convicted outside the United Kingdom of an offence, (b) the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and (c) the person is not, by virtue of the conviction, a person falling within subsection (3).

• (3) After subsection (5A) insert—

(5B) A person presumed to have been convicted of a particularly serious crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to constitute a danger to the community of the United Kingdom.

• (4) In subsection (6), for “subsection (5A)” substitute “subsection (5ZA) or (5ZB) that a person has been convicted by a final judgment of a particularly serious crime or under subsection (5A) or (5B)”.

• (5) In subsection (7), for “(5A)” substitute “(5ZA), (5ZB), (5A) or (5B)”.

• (6) In subsection (8), after “(5A)” insert “or (5B)”.

• (7) In subsection (9)(b), for “(5A)” substitute “(5ZA), (5ZB), (5A) or (5B)”.

• (8) In subsection (10)(b), for “(5A)” substitute “(5ZA), (5ZB), (5A) or (5B)”.

Part 3 — Prevention of serious crime

Offences relating to things for use in serious crime

Articles for use in serious crime

52

• (1) A person commits an offence if the person possesses a relevant article in circumstances which give rise to a reasonable suspicion that the relevant article will be used in connection with any serious offence.

• (2) A person commits an offence if the person imports, makes, adapts, supplies or offers to supply a relevant article in circumstances which give rise to a reasonable suspicion that the relevant article will be used in connection with any serious offence.

• (3) It is a defence for a person charged with an offence under this section to show that the person did not intend or suspect that the relevant article would be used in connection with any serious offence.

• (4) In proceedings for an offence under this section, if it is proved that a relevant article—

• (a) was on any premises at the same time as the accused, or

• (b) was on premises of which the accused was the occupier or which the accused habitually used otherwise than as a member of the public,

the court may assume that the accused possessed the relevant article, unless the accused shows that they did not know of its presence on the premises or that they had no control over it.

• (5) Subsection (6) applies where—

• (a) in accordance with subsection (3), it is a defence for a person charged with an offence to show a particular matter, or

• (b) in accordance with subsection (4), a court may make an assumption in relation to a person charged with an offence unless the person shows a particular matter.

• (6) A person is regarded as having shown the matter if—

• (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

• (b) the contrary is not proved beyond reasonable doubt.

• (7) In this section—

• “relevant article” has the meaning given by section 53;

• “serious offence” means— in England and Wales, an offence specified or described in Part 1 of Schedule 1 to the Serious Crime Act 2007; in Scotland, an offence specified or described in Part 1A of that Schedule; in Northern Ireland, an offence specified or described in Part 2 of that Schedule.

• (8) A person who commits an offence under this section is liable—

• (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

• (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

• (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

• (d) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

Section 52: meaning of “relevant article”

53

• (1) In section 52 “relevant article” means any of the following—

• (a) a 3D printer firearms template;

• (b) an encapsulator;

• (c) a tablet press;

• (d) a vehicle concealment.

• (2) In this section—

• “3D printer firearms template” means any document that may be used in conjunction with a 3D printer to produce any part of a firearm (as defined by section 57 of the Firearms Act 1968 or, in Northern Ireland, Article 2(2) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)));

• “document” includes information recorded in any form;

• “encapsulator” includes any device that may be used to produce capsules;

• “tablet press” includes any device that may be used to produce tablets;

• “vehicle” has the meaning given by section 1(1) of the Customs and Excise Management Act 1979;

• “vehicle concealment” means a compartment that— forms or is intended to form part of a vehicle or is attached or intended to be attached to a vehicle, and conceals, or facilitates the concealment of, things or people or is intended to conceal or facilitate the concealment of things or people.

• (3) The Secretary of State may by regulations amend this section (other than this subsection or subsection (4) or (5)).