Border Security, Asylum and Immigration Act 2025

• (4) But regulations under subsection (3) that add an article to subsection (1) may be made only if the Secretary of State considers that there is a significant risk of such an article being used in connection with any serious offence.

“Serious offence” has the same meaning as in section 52.

• (5) Before making regulations under subsection (3), the Secretary of State must consult—

• (a) the Scottish Ministers, and

• (b) the Department of Justice in Northern Ireland.

Confiscation of assets

54

• (1) The Proceeds of Crime Act 2002 is amended as follows.

• (2) In Schedule 2 (criminal lifestyle offences in England and Wales)—

• (a) before paragraph 9A insert—

;

• (b) after paragraph 9A insert—

(9B) An offence under section 52 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).

• (3) In Schedule 4 (criminal lifestyle offences in Scotland), after paragraph 9F insert—

(9G) An offence under section 52 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).

• (4) In Schedule 5 (criminal lifestyle offences in Northern Ireland), after paragraph 9A insert—

(9B) An offence under section 52 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).

Serious crime prevention orders

Electronic monitoring requirements

55

• (1) The Serious Crime Act 2007 is amended as follows.

• (2) After section 5A insert—

(5B) (1) A serious crime prevention order made by a court in England and Wales may require an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order. (2) A requirement imposed under subsection (1) is referred to in this Part as an “electronic monitoring requirement”. (3) A serious crime prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring. (4) The person specified under subsection (3) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State. (5) Where a serious crime prevention order imposes an electronic monitoring requirement on a person, the person must (among other things)— (a) submit, as required from time to time by the responsible person, to— (i) being fitted with, or the installation of, any necessary apparatus, and (ii) the inspection or repair of any apparatus fitted or installed for the purpose of the monitoring; (b) not interfere with, or with the working of, any apparatus fitted or installed for the purpose of the monitoring; (c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring. These obligations have effect as requirements of the order. (6) A serious crime prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months (but this does not limit any power of a court to extend that period). (5C) (1) This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) under section 5B. (2) The requirement may not be imposed in P’s absence. (3) If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent. (4) A court may impose the requirement in relation to a relevant police area or areas only if— (a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the area or areas, and (b) it is satisfied that the necessary provision can be made under the arrangements currently available. (5) For the purposes of subsection (4)— - “relevant police area” means— the police area in England or Wales in which it appears to the court that P resides or will reside, and in a case where it is proposed to include in the order— a requirement that P must remain, for specified periods, at a specified place, or a provision prohibiting P from entering a specified place or area, the police area in England or Wales in which the place or area proposed to be specified is situated; - “specified” means specified in the order. (5D) (1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by serious crime prevention orders. (2) A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

• (3) In section 17 (variation of orders), after subsection (8) insert—

(9) But, in the case of an order made by a court in England and Wales, the High Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.

• (4) In section 20 (powers of Crown Court to vary orders on conviction), after subsection (7) insert—

(8) But, in the case of an order made by a court in England and Wales, the Crown Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.

• (5) In section 21 (powers of Crown Court to vary or replace orders on breach), after subsection (7) insert—

(7A) But, in the case of an order made by a court in England and Wales, the Crown Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.

• (6) In section 89 (orders)—

• (a) in the heading, after “Orders” insert “and regulations”;

• (b) in each of subsections (1) and (2), after “order” insert “or regulations”.

Interim serious crime prevention orders

56

• (1) The Serious Crime Act 2007 is amended as follows.

• (2) After section 5D (inserted by section 55) insert—

(5E) (1) This section applies where— (a) an application to the High Court in England and Wales for a serious crime prevention order has not been determined, or (b) an application to the appropriate court in Scotland or the High Court in Northern Ireland for a serious crime prevention order that is terrorism-related (see section 8A) has not been determined. (2) The court may, if it considers it just to do so, make an interim serious crime prevention order in relation to the person. (3) An interim serious crime prevention order may contain such prohibitions, restrictions or requirements, and such other terms, as the court considers appropriate to protect the public by preventing, restricting or disrupting involvement by the person in serious crime— (a) in England and Wales, in the case of an order made by the High Court in England and Wales; (b) in Scotland, in the case of an order made by the appropriate court in Scotland; (c) in Northern Ireland, in the case of an order made by the High Court in Northern Ireland. (4) Sections 5 to 5D apply in relation to an interim serious crime prevention order as they apply in relation to a serious crime prevention order. (5) An interim serious crime prevention order in relation to a person may be made only where the application for the order is made at the same time as, or after, the main application is made. (6) In this Part— - “interim serious crime prevention order” means an order under this section; - “main application”, in relation to an interim serious crime prevention order, means the application mentioned in subsection (1). (7) For the purposes of this Part references to the person who is the subject of an interim serious crime prevention order are references to the person against whom the public is to be protected. (5F) (1) An application for an interim serious crime prevention order, or for the variation of an interim serious crime prevention order, may be made without notice being given to the person against whom the order is to be made in circumstances where notice of the application is likely to prejudice the outcome sought by the applicant. (2) Where the court makes an interim serious crime prevention order in relation to a person (“P”) in a case where the application for the order was made without notice, the court must give P an opportunity to make representations about the order— (a) as soon as reasonably practicable, and (b) at a hearing of which notice has been given to P in accordance with rules of court. (3) Where a person (whether P or another) makes an application for an interim serious crime prevention order made without notice to be varied or discharged, the court may not dismiss the application unless the person has been given an opportunity to make representations about the order at a hearing of which notice has been given to the person in accordance with rules of court.

• (3) After section 8A insert—

(8AA) An interim serious crime prevention order may be made only on an application by the relevant applicant authority (see section 10) in relation to the main application.

• (4) After section 10 insert—

(10A) (1) A person who is the subject of an interim serious crime prevention order (“P”) is bound by it or a variation of it only if— (a) P is represented (whether in person or otherwise) at the proceedings at which the order or (as the case may be) variation is made, or (b) a notice setting out the terms of the order or (as the case may be) variation has been served on P in accordance with subsections (2) to (4). (2) The notice must be served on P— (a) as soon as reasonably practicable after the order or variation is made, and in any event no later than the end of the period of 7 days beginning with the day on which the order or variation is made; (b) by delivering it to P in person, unless the court provides otherwise under subsection (4). (3) For the purposes of delivering such a notice to P in person, a constable or a person authorised for the purpose by the relevant applicant authority may (if necessary by force)— (a) enter any premises where the constable or authorised person has reasonable grounds for believing P to be, and (b) search those premises for P. (4) Where it has not been possible to deliver the notice to P in person, the notice may be served on P using such other method of service as the court may allow.

• (5) In section 16 (duration of orders), after subsection (4) insert—

(4A) An interim serious crime prevention order ceases to be in force— (a) on the date or dates specified in the order, or (b) if earlier, on the determination of the main application.

• (6) In section 25(1) (offence of failing to comply with order), after “order” insert “or an interim serious crime prevention order”.

• (7) Schedule 2 contains related amendments to the Serious Crime Act 2007.

Applicants for making of orders and interim orders

57

• (1) The Serious Crime Act 2007 is amended as follows.

• (2) For section 8 substitute—

(8) (1) A serious crime prevention order may be made by the High Court in England and Wales— (a) only on an application by— (i) the Director of Public Prosecutions, (ii) the Director of the Serious Fraud Office, (iii) the Director General of the National Crime Agency, (iv) the Commissioners for His Majesty’s Revenue and Customs, (v) the chief officer of police of a police force in England and Wales, (vi) the Chief Constable of the British Transport Police Force, or (vii) the Chief Constable of the Ministry of Defence Police, and (b) in the case of an application by a person listed in paragraph (a)(iii) to (vii), only if the person has consulted the Director of Public Prosecutions. (2) A serious crime prevention order may be made by the Crown Court in England and Wales— (a) only on an application by— (i) the Director of Public Prosecutions, (ii) the Director of the Serious Fraud Office, or (iii) the chief officer of police of a police force in England and Wales, and (b) in the case of an application by the chief officer of police of such a police force, only if— (i) it is an application for an order under section 19 or 19A that is terrorism-related (see section 8A), and (ii) the chief officer has consulted the Director of Public Prosecutions. (3) A serious crime prevention order may be made by a court or sheriff in Scotland— (a) only on an application by— (i) the Lord Advocate, or (ii) the chief constable of the Police Service of Scotland, and (b) in the case of an application by the chief constable, only if— (i) it is an application for an order under section 1 that is terrorism-related (see section 8A), (ii) the chief constable has consulted the Lord Advocate, and (iii) it is an application made to the Court of Session (and not to the sheriff). (4) A serious crime prevention order may be made by a court in Northern Ireland— (a) only on an application by— (i) the Director of Public Prosecutions for Northern Ireland, or (ii) the Chief Constable of the Police Service of Northern Ireland, and (b) in the case of an application by the Chief Constable, only if— (i) it is an application for an order under section 1 that is terrorism-related (see section 8A), and (ii) the Chief Constable has consulted the Director of Public Prosecutions for Northern Ireland.

• (3) In section 10(4)(a) (notice requirements: England and Wales)—

• (a) omit sub-paragraphs (i) and (iii);

• (b) after sub-paragraph (iv) insert—

(v) in any other case, the person who applied for the order;

.

• (4) In section 27 (power to wind up companies: England and Wales)—

• (a) for subsection (1A) substitute—

(1A) A person mentioned in section 8(1)(a)(iii) to (vii) may present a petition to the court for the winding up of a company, partnership or relevant body if— (a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order or an interim serious crime prevention order made on an application by a person of the same description, and (b) the person considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.

;

• (b) in subsection (3), for the words from “the Director of Public Prosecutions” to the end substitute “a person who is authorised to present a petition in accordance with subsection (1) or (1A)”;

• (c) in subsection (12) omit the definition of “police-initiated serious crime prevention order”.

• (5) In Schedule 2 (functions of applicant authorities)—

• (a) after paragraph 15 insert—

(15ZA) The functions of the Director General of the National Crime Agency under this Part are— (a) to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge, (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales, (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise), (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders, and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). (15ZB) The functions of the Commissioners for His Majesty’s Revenue and Customs under this Part are— (a) to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge, (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales, (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise), (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders, and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

;

• (b) in paragraph 15A—

• (i) in paragraphs (a), (c) and (d) omit “that are terrorism-related”;

• (ii) in paragraph (b) omit “that is terrorism-related”;

• (c) after paragraph 15B insert—

(15BA) The functions of the Chief Constable of the British Transport Police Force under this Part are— (a) to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge, (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales, (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales (whether proceedings on appeal, by virtue of section 27 or otherwise), (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales, and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). (15BB) (1) The Chief Constable of the British Transport Police Force may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the British Transport Police Force of at least the rank of superintendent. (2) References in this Part to the Chief Constable of the British Transport Police Force are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any member of the British Transport Police Force of at least the rank of superintendent. (15BC) The functions of the Chief Constable of the Ministry of Defence Police under this Part are— (a) to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge, (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales, (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales (whether proceedings on appeal, by virtue of section 27 or otherwise), (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales, and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). (15BD) (1) The Chief Constable of the Ministry of Defence Police may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the Ministry of Defence Police of at least the rank of superintendent. (2) References in this Part to the Chief Constable of the Ministry of Defence Police are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any member of the Ministry of Defence Police of at least the rank of superintendent.

Notification requirements

58

• (1) The Serious Crime Act 2007 is amended as follows.

• (2) After section 15 insert—

(15A) (1) Schedule 1A contains provision about notifications to be given by a person who is subject to a serious crime prevention order in England and Wales (a “relevant order”). (2) A relevant order— (a) must specify a person listed in section 8(1)(a) as the person to whom a notification under Schedule 1A is to be given; (b) may make provision about how a notification under Schedule 1A is to be given (including provision requiring a person to give a notification in person or otherwise). (3) In this Part references to a “specified person” are to a person specified under subsection (2)(a).

• (3) After Schedule 1 insert—

Schedule 1A (1) (1) Where a person other than an individual is subject to a relevant order that person (“P”) must, within the period of three days beginning with the first day on which any provision of the order comes into force, notify the specified person of the name of an authorised individual. (2) In this paragraph “authorised individual” means an individual who— (a) is authorised by P to communicate with the specified person in relation to P’s compliance with the order, and (b) has consented to act in that capacity. (3) P may, at any time after notifying the specified person of the name of an authorised individual under this paragraph, notify the specified person of the name of a replacement authorised individual. (4) Where an individual whose name is notified by P under this paragraph ceases to be an authorised individual P must, within the period of 28 days beginning with the day on which the individual ceases to be an authorised individual, notify the specified person of the name of a replacement authorised individual. (2) (1) An individual who is subject to a relevant order must, within the period of three days beginning with the first day on which any of the provisions of the order comes into force, notify the specified person of the notifiable information relating to the individual. (2) If there is a change in any of the notifiable information relating to an individual who has given a notification under this paragraph the individual must, within the period of three days beginning with the day on which the change occurs, notify the specified person of the change. (3) A requirement to notify information under sub-paragraph (1) or (2) does not apply to an individual by virtue of a relevant order whilst the individual is required to notify that information to that person by virtue of an earlier relevant order. (4) If the earlier order ceases to be in force on a day on which the later order remains in force, the reference in sub-paragraph (1) to the first day on which any of the provisions of the order comes into force is to be read as a reference to that day. (5) In this paragraph “the notifiable information” relating to an individual means— (a) their name and, if they use one or more other names, each of those names; (b) the address of their sole or main residence in the United Kingdom and the address of any other premises in the United Kingdom at which they regularly reside or stay; (c) each of their telephone numbers and email addresses (if any); (d) any name which they use to access a social media service or the function of which is to identify the user of such a service; (e) any name— (i) which they use to access a video game that is a user-to-user service or that is available as part of a user-to-user service, or (ii) the function of which is to identify them as the user of such a game; (f) identifying information relating to any motor vehicle of which they are the registered keeper, or which they have a right to use (whether routinely or on specific occasions or for specific purposes); (g) specified financial information; (h) specified information about identification documents; (i) the name and address of each of their employers (if any); (j) any information of a description specified in regulations made by the Secretary of State. (6) For the purposes of sub-paragraph (5)— (a) where the individual does not have a sole or main residence in the United Kingdom, paragraph (b) of that sub-paragraph is to be read as if it refers to the address or location of a place in the United Kingdom where they can regularly be found (and, if there is more than one such place, the address or location of each of those places); (b) “social media service” means an online service that meets the following conditions— (i) the main purpose, or one of the main purposes, of the service is to promote interaction between users (including interaction between users and user-generated content), and (ii) making content generated by users available to other users is a significant feature of the service; (c) “specified financial information” means the information specified in paragraph 1(1)(a) and (b) of Schedule 3A to the Counter-Terrorism Act 2008; (d) “specified information about identification documents” means the information specified in paragraph 2(a) and (b) of that Schedule; (e) “user-to-user service” has the meaning given by section 3 of the Online Safety Act 2023. (3) (1) A person commits an offence under the law of England and Wales if the person fails, without reasonable excuse, to comply with a requirement imposed by paragraph 1(1) or (4). (2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine. (3) A person commits an offence under the law of England and Wales if the person— (a) fails, without reasonable excuse, to comply with a requirement imposed by paragraph 2; (b) gives a notification, in purported compliance with such a requirement, of any information which the person knows to be false. (4) A person guilty of an offence under sub-paragraph (3) is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.

• (4) In section 10 (notice requirements in relation to orders), after subsection (1) insert—

(1A) For the purposes of subsection (1)(b) and sections 30(1), 31(4) and 32(3), the requirements imposed on a person by Schedule 1A are to be treated as terms of the order.

• (5) In each of the following sections, after “section 25” insert “or Schedule 1A”—

• section 30(2);

• section 31(5), (7) and (8);

• section 32(4), (6) and (7).

• (6) In section 43 (index of defined expressions), in the appropriate place insert the following—

relevant order	section 15A(1)
specified person	section 15A(3)

.

• (7) In section 89 (orders), for subsection (3) substitute—

(3) A statutory instrument containing an order or regulations under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament— - section 4(4); - section 49(6); - section 63(3); - section 69; - section 90; - paragraph 2(5)(j) of Schedule 1A; - paragraph 102 of Schedule 8.

Orders by Crown Court on acquittal or when allowing an appeal

59

• (1) The Serious Crime Act 2007 is amended as follows.

• (2) After section 19 insert—

(19A) (1) The Crown Court in England and Wales may make an order under this section in relation to a person who is acquitted of an offence by or before the court, or where the court allows a person’s appeal against a conviction for an offence, if— (a) the court is satisfied that the person has been involved in serious crime (whether in England and Wales or elsewhere), and (b) the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales. (2) A court that makes an order by virtue of subsection (1) in the case of a person who is already the subject of a serious crime prevention order, or an interim serious crime prevention order, in England and Wales must discharge the existing order. (3) An order under this section may contain— (a) such prohibitions, restrictions or requirements, and (b) such other terms, as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales. (4) The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards). (5) An order under this section is also called a serious crime prevention order.

• (3) In section 1(5), in the definition of “serious crime prevention order”—

• (a) omit the “or” at the end of paragraph (b);

• (b) after that paragraph insert—

(ba) an order under section 19A (corresponding order of the Crown Court on acquittal or when allowing an appeal); or

.

• (4) In section 2(4), for “section 1(1)(a)” substitute “sections 1(1)(a) and 19A(1)(a)”.

• (5) In section 9(4), after “section 19,” insert “19A,”.

• (6) In section 22(3)—

• (a) after “section 19” insert “or 19A”;

• (b) after “offence” insert “, acquittal or determination of an appeal”.

• (7) In section 36(1), after “section 19,” insert “19A,”.

• (8) In section 39(6), after “section 19(2), (4) and (5),” insert “19A(1),”.

Part 4 — Miscellaneous and general

Miscellaneous

Validation of fees charged in relation to qualifications

60

• (1) A fee charged at any time before the day on which this Act is passed by a person to whom this section applies is taken to have been lawfully charged if condition A, B or C is met.

• (2) Condition A is that the fee was charged in connection with services relating to the comparability, recognition or assessment for immigration or nationality purposes of a UK qualification or a non-UK qualification.

• (3) Condition B is that the fee was charged in connection with services relating to the comparability, recognition or assessment of a non-UK qualification obtained by a person where—

• (a) the person was employed or seeking employment with an early years provider within the meaning of Part 3 of the Childcare Act 2006, and

• (b) the status of the person’s non-UK qualification was relevant to the welfare requirements imposed on early years providers under section 39(1)(b) of that Act.

• (4) Condition C is that the fee was charged in connection with—

• (a) the provision of a service pursuant to an international agreement or arrangement requiring services to be provided relating to—

• (i) the comparability, recognition or assessment of UK qualifications or non-UK qualifications, or

• (ii) the provision of information or advice about such qualifications or the systems for awarding them, or

• (b) any associated services provided by a person providing services mentioned in paragraph (a).

• (5) This section applies to—

• (a) the Secretary of State, and

• (b) a person other than the Secretary of State who charged the fee pursuant to arrangements between that person and the Secretary of State.

• (6) In this section—

• “fee” includes charge;

• “non-UK qualification” means a qualification issued by a body located outside the United Kingdom;

• “UK qualification” means a qualification issued by a body located in the United Kingdom.

• (7) This section binds the Crown.

General

Financial provisions

61

The following are to be paid out of money provided by Parliament—

• (a) any expenditure incurred under or by virtue of this Act by a Minister of the Crown, by a person holding office under His Majesty or by a government department, and

• (b) any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.

Consequential and minor provision

62

• (1) The Secretary of State may by regulations make provision that is consequential on this Act.

• (2) Regulations under subsection (1) may, in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as, this Act.

• (3) In subsection (2) “enactment” includes—

• (a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

• (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

• (c) an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;

• (d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

• (4) In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”), after the “and” at the end of paragraph (n) insert—

(p) the Border Security, Asylum and Immigration Act 2025, other than sections 30 to 36, Part 3 and section 60.

Regulations

63

• (1) A power to make regulations under any provision of this Act includes power to make—

• (a) consequential, supplementary, incidental, transitional or saving provision;

• (b) different provision for different purposes or areas.

• (2) Regulations under this Act are to be made by statutory instrument.

• (3) A statutory instrument containing any of the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

• (a) regulations under section 15(3);

• (b) regulations under section 36(8);

• (c) regulations under section 53(3);

• (d) regulations under section 62(1) which amend, repeal or revoke primary legislation.

• (4) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) This section does not apply to regulations under section 65.

• (6) In this section “primary legislation” means—

• (a) an Act of Parliament,

• (b) an Act of the Scottish Parliament,

• (c) a Measure or Act of Senedd Cymru, or

• (d) Northern Ireland legislation.

Extent

64

• (1) This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2).

• (2) An amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.

• (3) The following provisions also extend to the Channel Islands and the Isle of Man and the British overseas territories—

• (a) section 41(1)(a) so far as it repeals section 4(7) to (10) of the Illegal Migration Act 2023 as it extends to the Channel Islands and the Isle of Man and the British overseas territories by virtue of section 67(5) of that Act;

• (b) section 41(1)(e) so far as it repeals sections 31 to 37 of that Act;

• (c) section 42(2).

• (4) His Majesty may by Order in Council provide for any of the provisions of this Act other than sections 1 to 12, 27, 30 to 36, 39 to 42 and 45 and Part 3 to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

• (5) A power under any provision listed in subsection (6) may be exercised so as to extend (with or without modifications) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (6) relates.

• (6) Those provisions are—

• (a) section 36 of the Immigration Act 1971,

• (b) section 170(7) of the Immigration and Asylum Act 1999,

• (c) section 163(4) of the Nationality, Immigration and Asylum Act 2002,

• (d) section 63(3) of the Immigration, Asylum and Nationality Act 2006,

• (e) section 60(4) of the UK Borders Act 2007, and

• (f) section 95(5) of the Immigration Act 2016.

Commencement

65

• (1) Subject to subsections (3) and (4), this Act comes into force on such day as the Secretary of State may by regulations appoint.

• (2) Different days may be appointed for different purposes or areas.

• (3) The following provisions come into force on the day on which this Act is passed—

• (a) sections 40 to 42;

• (b) section 44(1) to (13) and (17);

• (c) section 45;

• (d) this Part;

• (e) paragraphs 16 to 18 of Schedule 1 (and section 43 and paragraph 1 of that Schedule so far as relating to those paragraphs);

• (f) any other provision of this Act (including provision modifying other legislation) so far as it confers power to make regulations or an order or is otherwise necessary for enabling the exercise of such a power on or after the day on which this Act is passed.

• (4) Sections 37, 38 and 47 (except as brought into force by subsection (3)(f)) come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (5) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

• (6) The power to make regulations under subsection (5) includes power to make different provision for different purposes or areas.

• (7) Regulations under this section are to be made by statutory instrument.

Short title

66

This Act may be cited as the Border Security, Asylum and Immigration Act 2025.

Schedule 1

Introductory

1

The Immigration and Asylum Act 1999 is amended as follows.

Power to amend definition of “relevant matters”

2

In section 82 (interpretation of Part 5), after subsection (3) insert—

(4) The Secretary of State may by regulations amend the definition of “relevant matters” in subsection (1). (5) Regulations under subsection (4) may make consequential amendments to this section.

3

• (1) In section 166(5) (regulations subject to the affirmative procedure), after paragraph (c) insert—

(cza) section 82(4),

.

• (2) If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, sub-paragraph (1) has effect as if after “procedure),” there were inserted “omit the “or” at the end of paragraph (c) and”.

Suspension etc of registration

4

In section 84(3)(b) (effect of suspension of registration on person’s registration), for “4B(5)” substitute “4C(1)”.

5

• (1) Section 87 (appeals to First-tier Tribunal) is amended as follows.

• (2) After subsection (3A) insert—

(3AA) Subsection (3A) does not apply in relation to a decision to cancel a person’s registration under paragraph 4A(e) of Schedule 6 if condition A or B is met. (3AB) Condition A is that the Commissioner notifies the person to whom the decision relates (“the relevant person”) in writing that— (a) the Commissioner considers that the relevant person is acting or has acted in a way which— (i) creates a risk of serious harm to persons seeking immigration advice or immigration services, or (ii) creates a risk of serious harm to the system of immigration control in the United Kingdom, and (b) accordingly, the decision to cancel the relevant person’s registration has effect from the time specified in the notice and while the period mentioned in subsection (3A) is running. (3AC) Condition B is that the person’s registration has been cancelled wholly or partly on the basis that the person has been convicted of— (a) an offence involving dishonesty or deception, or (b) an indictable offence.

• (3) After subsection (3C) insert—

(3D) Tribunal Procedure Rules may not permit a direction of the kind mentioned in subsection (3B) in relation to a decision to cancel a person’s registration under paragraph 4A(e) of Schedule 6 where the person meets condition B in subsection (3AC).

• (4) In subsection (4), for the words from “paragraph 4B” to the end of the subsection substitute “paragraphs 4AA and 4B of Schedule 6 (appeals against suspension by the Commissioner).”

• (5) After subsection (4) insert—

(4A) For the purposes of this section, conduct creates a risk of serious harm to the system of immigration control in the United Kingdom if, in particular, it involves— (a) abuse of a procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure), or (b) advice to any person to do something which would amount to such an abuse.

6

• (1) Schedule 6 (registration) is amended as follows.

• (2) Before paragraph 4B (but after the italic heading before that paragraph) insert—

(4AA) (1) The Commissioner may, by notice in writing to a registered person, suspend the person’s registration from the time specified in the notice if— (a) the Commissioner has reason to suspect that the registered person is acting or has acted in a way which— (i) creates a risk of serious harm to persons seeking immigration advice or immigration services, or (ii) creates a risk of serious harm to the system of immigration control in the United Kingdom, and (b) accordingly, the Commissioner considers it is necessary to suspend the person’s registration. (2) The Commissioner— (a) may, by notice in writing to a person whose registration has been suspended under sub-paragraph (1), cancel the suspension of the person’s registration, and (b) must do so if the Commissioner is no longer satisfied that paragraph (a) or (b) of that sub-paragraph applies in relation to that person. (3) If a person’s registration has been suspended under sub-paragraph (1), the Commissioner must consider whether the suspension should be cancelled— (a) before the end of the period of 7 working days beginning with the working day after the day on which the Commissioner issued the notice of the suspension, and (b) before the end of each subsequent period of 7 working days. (4) A person whose registration is suspended under sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension. (5) For the purposes of this paragraph, conduct creates a risk of serious harm to the system of immigration control in the United Kingdom if, in particular, it involves— (a) abuse of a procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure), or (b) advice to any person to do something which would amount to such an abuse. (6) In this paragraph “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

• (3) In paragraph 4B—

• (a) for sub-paragraph (1) substitute—

(1) The Commissioner may, by notice in writing to a registered person, suspend the person’s registration from the time specified in the notice if the person is charged with— (a) an offence involving dishonesty or deception, (b) an indictable offence, or (c) an offence under section 25 or 26(1)(d) or (g) of the 1971 Act. (1A) The Commissioner may, by notice in writing to a person whose registration has been suspended under sub-paragraph (1), cancel the suspension of the person’s registration. (1B) A person whose registration is suspended under sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension.

,

• (b) in sub-paragraph (2), in the opening words, for “The suspension” substitute “Otherwise, the suspension under sub-paragraph (1)”, and

• (c) omit sub-paragraphs (5) to (7).

• (4) After paragraph 4B insert—

(4C) (1) A person whose registration is suspended under paragraph 4AA or 4B is not to be treated as a registered person for the purposes of section 84 (but is to be treated as a registered person for the purposes of the other provisions of this Part). (2) Where a person’s registration is suspended under paragraph 4AA or 4B the Commissioner must as soon as reasonably practicable record the suspension in the register. (3) Where a suspension under paragraph 4AA or 4B ceases to have effect (and the person’s registration is not cancelled) the Commissioner must as soon as reasonably practicable remove the record of suspension from the register.

Provision of immigration advice or immigration services under supervision

7

In section 84 (provision of immigration services), after subsection (3B) insert—

(3C) A person’s entitlement to provide immigration advice or immigration services by virtue of subsection (2)(e) is subject to section 84A and regulations under section 84B.

8

After section 84 insert—

(84A) (1) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) (persons acting under supervision) if— (a) P is disqualified under paragraph 4 of Schedule 6 (conviction of certain immigration offences) for registration under paragraph 2 of that Schedule or continued registration under paragraph 3 of that Schedule, (b) P’s registration is suspended under paragraph 4AA of Schedule 6 (suspension on grounds of risk of serious harm), or (c) P’s registration is suspended under paragraph 4B of Schedule 6 (suspension of persons charged with particular offences). (2) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) during the relevant period if— (a) P’s registration has been cancelled under paragraph 4A(e) of Schedule 6 (cancellation for lack of competence etc), and (b) the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition A in subsection (3AB) of that section (risk of serious harm) was met in relation to P. (3) In subsection (2) “the relevant period” means the period of 12 months beginning with the time specified in the notice under section 87(3AB) as the time at which the decision to cancel P’s registration had effect. (4) Subsection (2) does not apply if— (a) the Commissioner decides to register P or to continue P’s registration, or (b) the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal). (5) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if— (a) P’s registration has been cancelled under paragraph 4A(e) of Schedule 6, and (b) the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition B in subsection (3AC) of that section (conviction of particular offences) was met in relation to P. (6) Subsection (5) does not apply if— (a) P’s conviction of the offence mentioned in section 87(3AC) is quashed or set aside, (b) the Commissioner decides to register P or to continue P’s registration, or (c) the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal). (7) A person (“P”) other than a person to whom subsection (1), (2) or (5) applies is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if— (a) subsection (8) applied to P when P entered into the arrangement for supervision, and (b) P did not inform the person by whom P was to be supervised of that fact before entering into that arrangement. (8) This subsection applies to P if— (a) P is or has previously been subject to a direction by the First-tier Tribunal under section 89(2A)(a) (directions in connection with registration), (b) P is or has previously been subject to a direction by the First-tier Tribunal under section 89(8)(a) (restrictions on provision of immigration advice or immigration services), (c) P has previously been subject to a direction by the First-tier Tribunal under section 89(8)(b) (suspension from provision of immigration advice or immigration services), (d) P is or has previously been subject to an order made by a disciplinary body under section 90(1)(a) (restrictions on provision of immigration advice or immigration services), (e) P has previously been subject to an order made by a disciplinary body under section 90(1)(b) (suspension from provision of immigration advice or immigration services), (f) P has at any time been given a penalty notice under section 92C (power to impose monetary penalties), (g) P’s registration has at any time been cancelled under paragraph 6(3)(a) of Schedule 5 (failure to assist with investigation), (h) P’s registration has at any time been cancelled under paragraph 10A(7) or (8) of Schedule 5 (failure to allow access to premises etc), (i) P’s registration has at any time been cancelled under paragraph 4A(d) or (e) of Schedule 6 (cancellation following direction by First-tier Tribunal or for lack of competence etc), (j) P’s registration has previously been suspended under paragraph 4AA of Schedule 6, or (k) P’s registration has previously been suspended under paragraph 4B of Schedule 6. (9) Subsection (7) does not apply if, before the time mentioned in subsection (7)(a), the direction, order, penalty, cancellation or suspension referred to in subsection (8)— (a) had been reversed, cancelled or quashed, (b) had been overturned on appeal (and had not subsequently been reinstated as a result of a further appeal), or (c) in the case of suspension under paragraph 4B of Schedule 6, had ceased to have effect by virtue of sub-paragraph (2) of that paragraph. (84B) (1) The Secretary of State may by regulations provide that a person is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where— (a) the person is subject to a professional sanction of a kind specified in the regulations, or (b) in the circumstances specified in the regulations, the person is disqualified or suspended from practice as a member of a relevant profession. (2) The Secretary of State may by regulations provide that a person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where— (a) when P entered into the arrangement for supervision— (i) P was or had previously been subject to a professional sanction of a kind specified in the regulations, or (ii) in the circumstances specified in the regulations, P was or had previously been disqualified or suspended from practice as a member of a relevant profession, and (b) P did not inform the person by whom P was to be supervised of that fact before entering into the arrangement for supervision. (3) In this section— - “professional sanction” means an order, direction or decision which is imposed, given or made by, or other action which is taken by—a designated professional body,a designated qualifying regulator,a relevant disciplinary body,an Inn of Court, ora judge, court or tribunal in the exercise of a function in relation to the provision of legal services; - “relevant disciplinary body” means a body established wholly or partly for the purpose of exercising disciplinary functions in relation to—members of a designated professional body, orpersons regulated by a designated qualifying regulator; - “relevant profession” means a profession which is regulated by a designated professional body or a designated qualifying regulator.

Monetary penalties

9

After section 92B insert—

(92C) (1) The Commissioner may give a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the relevant person— (a) has failed to comply with— (i) the duty imposed on the person by paragraph 3(4) of Schedule 5 (duty to comply with Code of Standards) or paragraph 6(2) of that Schedule (duty to assist with investigation of complaint), or (ii) any other requirement imposed on the person by or under this Part, or (b) has, without reasonable excuse, obstructed the Commissioner in the exercise of the Commissioner’s functions under paragraph 4A of Schedule 5 (power to carry out inspections). (2) In this section “relevant person”, in relation to the giving of a penalty notice, means a person who was a registered person at the time of the act or omission in relation to which the notice is given. (3) A penalty notice is a notice requiring the person to whom it is given to pay to the Commissioner— (a) an amount specified in regulations made by the Secretary of State (a “fixed penalty notice”), or (b) an amount specified by the Commissioner in the notice (a “variable penalty notice”). (4) The Commissioner may give a person who is not a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has failed to comply with the duty imposed on the person by paragraph 6(2) of Schedule 5. (5) The Commissioner may give an unqualified person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has committed an offence under section 91 or 92B. (6) In subsection (5) “unqualified person”, in relation to the giving of a penalty notice, means a person who was not a qualified person at the time of the act or omission in relation to which the notice is given. (7) An amount specified in regulations under subsection (3)(a), and the amount specified in a variable penalty notice, must not exceed— (a) in the case of a penalty imposed on a person under subsection (5) in relation to the commission of an offence under section 92B, the maximum amount of the fine that could be imposed on the person on summary conviction for the offence; (b) in any other case, £15,000. (8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b). (9) In this section and sections 92D to 92H— - “penalty notice” means a notice under this section; - “fixed penalty notice” and “variable penalty notice” have the meanings given by subsection (3). (92D) (1) Before giving a penalty notice to a person the Commissioner must notify the person of the Commissioner’s intention to do so. (2) The notice under subsection (1) must— (a) specify the proposed amount of the penalty, (b) specify the Commissioner’s reasons for proposing to impose the penalty, (c) specify the period during which the person may make representations about the proposal (“the specified period”), and (d) specify the way in which those representations may be made. (3) The specified period must not be less than 28 days beginning with the date on which the notice under subsection (1) is given. (4) The Commissioner must have regard to any representations made by a person during the specified period in deciding— (a) whether to give a penalty notice to the person, and (b) if the Commissioner decides to give a variable penalty notice to the person, the amount of the penalty specified in the notice. (5) Where the Commissioner gives a penalty notice to a person, the notice must specify— (a) the amount of the penalty, and (b) the period within which the penalty must be paid (“the payment period”). (6) The penalty notice must also contain information as to— (a) the grounds for the penalty, (b) how payment may be made, (c) the details of any early payment discount or late payment penalty included by virtue of subsection (7), (d) the consequences of non-payment, (e) rights of appeal, and (f) the period within which an appeal may be made. (7) The penalty notice may include provision for the amount payable under the notice— (a) to reduce in the event of early payment; (b) to increase in the event of payment after the end of the payment period. (92E) (1) A person to whom a penalty notice has been given may appeal to the First-tier Tribunal against— (a) the decision to give the person a penalty notice; (b) where the notice given is a variable penalty notice, the amount of the penalty specified in the notice. (2) On an appeal under this section, the Tribunal may— (a) cancel the penalty, (b) confirm the requirement to pay the penalty, or (c) in the case of an appeal under subsection (1)(b), amend the amount of the penalty. (3) The requirement to pay the penalty under the notice is suspended at any time when— (a) an appeal under this section could be brought by the person in respect of the penalty, or (b) such an appeal is pending. (4) But subsection (3)(a) does not prevent the requirement to pay taking effect if the person notifies the Commissioner that the person does not intend to appeal. (5) No further amount is payable as a result of provision included in the penalty notice by virtue of section 92D(7)(b) in respect of the period during which the requirement to pay is suspended. (6) For the purposes of subsection (3)(b) an appeal is pending during the period— (a) starting when the appeal is brought, and (b) ending when the appeal is finally determined, abandoned or withdrawn. (92F) (1) This section applies if a person who is liable to pay an amount to the Commissioner under a penalty notice has not paid the whole or any part of that amount when it is required to be paid. (2) In England and Wales the Commissioner may recover the unpaid amount on the order of the county court as if it were payable under an order of that court. (3) In Scotland payment of the unpaid amount may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland. (4) In Northern Ireland the Commissioner may recover the unpaid amount on the order of a county court as if it were payable under an order of that court. (92G) (1) The Commissioner must prepare and publish guidance about the Commissioner’s use of the power to give a penalty notice. (2) The guidance must, in particular, include information as to— (a) the circumstances in which the Commissioner is likely to give— (i) a fixed penalty notice, or (ii) a variable penalty notice, and (b) in the case of a variable penalty notice, the matters to which the Commissioner has regard in determining the amount of the penalty. (3) The Commissioner— (a) must from time to time review the guidance, and (b) may revise and republish the guidance following a review. (4) Before preparing or revising guidance under this section, the Commissioner must consult such persons as the Commissioner considers appropriate. (92H) A person who is required to pay a penalty under a penalty notice given under section 92C(5) (penalty in respect of offence under section 91 or 92B) may not at any time be convicted of an offence under section 91 or, as the case may be, 92B in respect of the act or omission in relation to which the notice was given.

10

• (1) In section 166(5) (regulations subject to the affirmative procedure), after paragraph (cza) (as inserted by paragraph 3) insert—

(czb) section 92C(3)(a) or (8),

.

• (2) If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, paragraph 24(2) of that Schedule has effect on its coming into force as if for “for the “or” at the end of paragraph (c) substitute” there were substituted “after paragraph (czb) insert”.

11

• (1) Schedule 5 is amended as follows.

• (2) In paragraph 6(3) (investigations under the complaints scheme), after paragraph (c) (and on a new line) insert—

(See also section 92C (which confers a power to impose monetary penalties for breaching the duty imposed by paragraph 6(2)).)

• (3) In paragraph 9(1) (determination of complaints), after paragraph (f) (as inserted by paragraph 14(4)) (and on a new line) insert—

(See also section 92C (which confers a power to impose monetary penalties for breaching the Code or otherwise failing to comply with requirements imposed by or under this Part).)

Fees

12

After section 93 insert—

(93A) (1) The Secretary of State may by order provide for fees to be charged by the Commissioner in respect of the exercise of the Commissioner’s functions. (2) The order may, in particular, make provision— (a) for fees (including fees for the taking of examinations) to be charged in respect of the assessment of a person’s competence to provide immigration advice or immigration services; (b) for fees to be charged in respect of a person’s registration or continued registration; (c) for fees to be charged for making changes to a person’s registration; (d) for fees to be charged in respect of the provision by the Commissioner of training for persons providing or seeking to provide immigration advice or immigration services; (e) for fees to be charged in respect of the provision by the Commissioner of, or of access to, training or other material for such persons; (f) for fees to be charged in respect of the provision by the Commissioner of events for such persons; (g) for fees to be charged in respect of the accreditation by the Commissioner of training or events for such persons; (h) for fees to be charged in respect of the provision of advice by the Commissioner; (i) for, and in connection with, requiring or authorising the Commissioner to waive all or part of a fee in particular cases. (3) The order may result in the charging of a fee in respect of the exercise of a function in a particular case which exceeds the costs of exercising the function in that case. (4) But in specifying the amount of a fee by virtue of subsection (3) the Secretary of State may have regard only to either or both of the following— (a) the costs of exercising the function in question; (b) the costs of exercising any other function of the Commissioner. (5) References in subsection (4) to the costs of exercising a function are to the costs of doing so in a particular class of case or in all cases. (6) In this section “registration” means registration with the Commissioner under section 85.

13

In Schedule 6, for paragraph 5 substitute—

(5) No application under paragraph 1 or 3 is to be entertained by the Commissioner unless it is accompanied by the fee specified for that application by order under section 93A (but this is subject to any waiver in accordance with provision by virtue of subsection (2)(i) of that section).

The complaints scheme

14

• (1) Schedule 5 is amended as follows.

• (2) In paragraph 5(3), after paragraph (b) insert—

(ba) the provision of immigration advice or immigration services by a person in contravention of section 84,

.

• (3) In paragraph 6—

• (a) in sub-paragraph (2) for “is the subject of an investigation under the scheme” substitute “falls within sub-paragraph (2A)”;

• (b) after sub-paragraph (2) insert—