Border Security, Asylum and Immigration Act 2025

(2A) A person (“P”) falls within this sub-paragraph if— (a) P is the subject of an investigation under the scheme, or (b) in a case where the person who is the subject of an investigation under the scheme is a relevant body, P— (i) was an officer, member or partner of the body when the body provided the immigration advice or immigration services to which the complaint relates, but (ii) is no longer such an officer, member or partner. (2B) In sub-paragraph (2A)— (a) “relevant body” means a body which was a registered person at the time to which the complaint relates; (b) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.

• (4) In paragraph 9—

• (a) in sub-paragraph (1), after paragraph (e) insert—

(f) if the person to whom the complaint relates (“P”) was not, at the time to which the complaint relates, a relevant authorised person, order P or a relevant body in relation to P— (i) to refund all or any part of the fees charged by P or the relevant body for the immigration advice or immigration services to which the complaint relates; (ii) to pay to the person to whom the advice or services were provided an amount specified in the order by way of compensation in respect of any loss, inconvenience or distress suffered by the person as a result of the provision of the advice or services.

;

• (b) after sub-paragraph (1B) insert—

(1C) For the purposes of sub-paragraph (1)(f) and this sub-paragraph— (a) a person is a “relevant authorised person” if— (i) the person falls within section 84(2)(b), or (ii) the person falls within section 84(2)(e) because the person acts on behalf of, and under the supervision of, a person falling within section 84(2)(b); (b) a body is a “relevant body” in relation to P if P was acting as the employee, officer, member or partner of the body when providing the immigration advice or immigration services to which the complaint relates; (c) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body. (1D) The total amount that may be ordered to be refunded or paid by virtue of sub-paragraph (1)(f) in respect of a complaint must not exceed £250,000. (1E) The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (1D). (1F) An order under sub-paragraph (1)(f) may specify the time by which the refund or payment must be made.

• (5) After paragraph 9 insert—

(9A) The complaints scheme must include provision securing that, where the Commissioner proposes to make an order under paragraph 9(1)(f) against a person— (a) the Commissioner must give the person a notice of what is proposed (a “notice of intent”), (b) the person may, within the period specified in the notice of intent, make written representations and objections to the Commissioner in relation to the proposed order, (c) the Commissioner must, at the end of the period for making representations and objections, consider any representations and objections made and— (i) determine to make the proposed order, (ii) determine not to make an order under paragraph 9(1)(f) against the person, (iii) determine to make an order under paragraph 9(1)(f) against the person requiring the person to refund or pay an amount which is less than the amount mentioned in the notice of intent, or (iv) provisionally determine to make an order under paragraph 9(1)(f) against the person requiring the person to refund or pay an amount which is greater than the amount mentioned in the notice of intent, and (d) where the Commissioner makes a provisional determination as mentioned in paragraph (c)(iv), the person is given an opportunity to make written representations and objections in relation to the provisional determination which must be considered by the Commissioner before the order is made. (9B) Where the Commissioner makes an order under paragraph 9(1)(f) against a person, the person may appeal to the First-tier Tribunal against the making of the order. (9C) (1) This paragraph applies where— (a) on determining a complaint under the complaints scheme, the Commissioner makes an order under paragraph 9(1)(f) for an amount to be refunded or paid to a person (“P”), and (b) the appeal rights in relation to the order are exhausted. (2) For the purposes of sub-paragraph (1)(b) the appeal rights in relation to an order are exhausted at a time when— (a) it is no longer possible for an appeal against the order to be made under paragraph 9B (ignoring any possibility of an appeal out of time), and (b) there is no appeal against the order which is pending. (3) On the application of P or the Commissioner, a court may order that the amount to be refunded or paid under the order is recoverable as if it were payable under an order of that court. (4) The Commissioner may make an application under sub-paragraph (3) only— (a) in the circumstances specified in the complaints scheme, and (b) with P’s consent. (5) If a court makes an order under sub-paragraph (3) on the application of the Commissioner, the Commissioner may, in the circumstances specified in the complaints scheme and with P’s consent, recover the amount mentioned in that sub-paragraph on behalf of P. (6) For the purposes of this paragraph— (a) an appeal is pending during the period— (i) starting when the appeal is brought, and (ii) ending when the appeal is finally determined, abandoned or withdrawn; (b) “court” means— (i) in England and Wales, the High Court or the county court; (ii) in Scotland, the Court of Session or the sheriff; (iii) in Northern Ireland, the High Court or a county court.

15

• (1) In section 166(5) (regulations subject to the affirmative procedure), at the end of paragraph (d) insert

or (e) paragraph 9(1E) of Schedule 5,

.

• (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 the “or” at the end of paragraph (ca) as inserted by paragraph 24(2) were omitted.

• (3) If sub-paragraph (1) comes into force at the same time as or after the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, omit the “or” at the end of section 166(5)(ca) of the Immigration and Asylum Act 1999 (as inserted by paragraph 24(2) of that Schedule).

Appointment of Immigration Services Commissioner

16

In Schedule 5, in paragraph 12(1)(a) (period of office) for “of five years” substitute “not exceeding five years”.

Appointment of Deputy Immigration Services Commissioner

17

In Schedule 5, in paragraph 16(1) (Deputy Commissioner) for “must” substitute “may”.

Acting as Commissioner during vacancy etc

18

In Schedule 5, after paragraph 17 insert—

(17A) (1) Sub-paragraph (2) applies at any time when— (a) there is a vacancy in the office of Commissioner or the Commissioner is unable to exercise the Commissioner’s functions, and (b) no person has been appointed as Deputy Commissioner under paragraph 16(1) or the Deputy Commissioner is unable to act in the Commissioner’s place under paragraph 16(2). (2) A member of the Commissioner’s staff nominated by the Secretary of State for the purposes of this paragraph may act in the Commissioner’s place.

Schedule 2

Serious Crime Act 2007

1

The Serious Crime Act 2007 is amended as follows.

2

In section 6 (individual must be 18 or over), after “order” insert “or an interim serious crime prevention order”.

3

In section 7 (other exceptions), in subsections (1), (1A) and (2), after “serious crime prevention order” insert “or an interim serious crime prevention order”.

4

• (1) Section 9 (right of third parties to make representations) is amended as follows.

• (2) In subsections (1) to (3), after “serious crime prevention order” insert “or an interim serious crime prevention order”.

• (3) In subsections (4) and (4A), after “serious crime prevention order” insert “or interim serious crime prevention order”.

• (4) In subsection (5), after “serious crime prevention order” insert “or an interim serious crime prevention order”.

5

In section 11 (restrictions on oral answers), after “order” insert “or an interim serious crime prevention order”.

6

In section 12 (restrictions for legal professional privilege), in subsections (1) and (4A), after “order” insert “or an interim serious crime prevention order”.

7

In section 13 (restrictions on excluded material and banking information), in subsections (1) and (2), after “serious crime prevention order” insert “or an interim serious crime prevention order”.

8

In section 14(1) (restrictions relating to other enactments), after “order” insert “or an interim serious crime prevention order”.

9

In section 15(1) (restrictions on use of information obtained), after “order” insert “or an interim serious crime prevention order”.

10

• (1) Section 16 (duration of orders) is amended as follows.

• (2) In subsection (1), after “order” insert “or an interim serious crime prevention order”.

• (3) In subsection (5)—

• (a) for “an order”, in the first place it occurs, substitute “a serious crime prevention order or an interim serious crime prevention order”;

• (b) after “provision of” insert “such”.

11

• (1) Section 17 (variation of orders) is amended as follows.

• (2) In subsections (1) to (2), after “serious crime prevention order” insert “or an interim serious crime prevention order”.

• (3) In subsection (3), for “an order” substitute “a serious crime prevention order”.

• (4) After that subsection insert—

(3A) An application for the variation of an interim serious crime prevention order under this section may be made by— (a) the relevant applicant authority (but see subsection (7A)), (b) the person who is the subject of the order, or (c) subject as follows, any other person.

• (5) In subsection (4), for “The” substitute “In the case of an application for the variation of a serious crime prevention order, the”.

• (6) In subsections (5) to (7), after “(3)(b)(ii)” insert “or (3A)(c)”.

• (7) In subsection (8)—

• (a) after “(3)(a)” insert “or (3A)(a)”;

• (b) for “and (4)(b)” substitute “, (4)(b) and (4A)(b)”.

• (8) After subsection (9) (as inserted by section 55(3)) insert—

(10) In this section “relevant applicant authority”, in relation to an interim serious crime prevention order, means— (a) where the order was applied for by the chief officer of police of a police force in England and Wales, the chief officer of police of any such police force; (b) in any other case, the person who applied for the order.

12

• (1) Section 18 (discharge of orders) is amended as follows.

• (2) In subsection (1)(a), (aa) and (b), after “order” insert “or an interim serious crime prevention order”.

• (3) In subsection (2), for “an order” substitute “a serious crime prevention order”.

• (4) After that subsection insert—

(2A) An application for the discharge of an interim serious crime prevention order may be made by— (a) the relevant applicant authority (but see subsection (7)), (b) the person who is the subject of the order, or (c) subject as follows, any other person.

• (5) In subsection (3), for “The” substitute “In the case of an application for the discharge of a serious crime prevention order, the”.

• (6) In subsection (4), after “(2)(b)(ii)” insert “or (2A)(c)”.

13

• (1) Section 20 (powers of Crown Court to vary orders on conviction) is amended as follows.

• (2) In subsections (2)(a) and (4)(a), after “order” insert “or an interim serious crime prevention order”.

• (3) In subsection (7), for “and (4)(b)” substitute “, (4)(b) and (4A)(b)”.

14

• (1) Section 21 (powers of Crown Court to vary or replace orders on breach) is amended as follows.

• (2) In subsections (1)(a) and (b) and (3), after “order” insert “or an interim serious crime prevention order”.

• (3) In subsection (7), for “and (4)(b)” substitute “, (4)(b) and (4A)(b)”.

• (4) For subsection (8) substitute—

(8) In this section— (a) a reference to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one; (b) a reference to replacing an interim serious crime prevention order is to making a new interim serious crime prevention order and discharging the existing one.

15

In section 22 (inter-relationship between different types of orders in England and Wales or Northern Ireland), in subsections (1), (2) and (4), after “serious crime prevention order” insert “or an interim serious crime prevention order”.

16

• (1) Section 22B (powers of High Court of Justiciary and sheriff to vary orders on conviction) is amended as follows.

• (2) In subsection (2)(a), after “order” insert “or an interim serious crime prevention order”.

• (3) In subsection (5), for “and (4)(b)” substitute “, (4)(b) and (4A)(b)”.

17

• (1) Section 22C (powers of High Court of Justiciary and sheriff to vary or replace orders on breach) is amended as follows.

• (2) In subsection (1)(a)(i) and (ii) and (b), after “order” insert “or an interim serious crime prevention order”.

• (3) In subsection (5), for “and (4)(b)” substitute “, (4)(b) and (4A)(b)”.

• (4) For subsection (6) substitute—

(6) In this section— (a) a reference to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one; (b) a reference to replacing an interim serious crime prevention order is to making a new interim serious crime prevention order and discharging the existing one.

18

• (1) Section 22D (inter-relationship between different types of orders in Scotland) is amended as follows.

• (2) After subsection (1) insert—

(1A) An interim serious crime prevention order made by the appropriate court under section 5E or varied under section 17(1A) may be varied under section 22B(2) or 22C(2).

• (3) In subsection (2), for the words from “made” to “section 17(1A)” substitute “or an interim serious crime prevention order”.

• (4) For subsection (4) substitute—

(4) A decision by the High Court of Justiciary or (as the case may be) the sheriff not to vary a serious crime prevention order or an interim serious crime prevention order under section 22B(2) or 22C(2) does not prevent a subsequent application under section 17(1A) for a variation of the order in consequence of the same offence.

19

• (1) Section 22E (extension of orders pending outcome of criminal proceedings) is amended as follows.

• (2) In subsection (1)—

• (a) in the words before paragraph (a), after “order” insert “or an interim serious crime prevention order”;

• (b) in paragraph (b), after “order” insert “or interim serious crime prevention order”.

• (3) In subsection (2), in each place it occurs, after “order” insert “or an interim serious crime prevention order”.

• (4) In subsection (3) omit “serious crime prevention”.

• (5) In subsection (4)—

• (a) in paragraph (a)(ii), after “22C,” insert “or a new interim serious crime prevention order is made under section 21 or 22C,”;

• (b) in paragraph (d), after “serious crime prevention order” insert “or an interim serious crime prevention order”;

• (c) in paragraph (e), after “order” insert “or an interim serious crime prevention order”.

• (6) In subsection (5)—

• (a) after “section” insert “in relation to a serious crime prevention order”;

• (b) in paragraph (a), omit “serious crime prevention”.

• (7) In subsection (6), in each place it occurs, after “serious crime prevention order” insert “or an interim serious crime prevention order”.

• (8) After that subsection insert—

(7) An order may be made under this section in relation to an interim serious crime prevention order only if— (a) the order is still in force, and (b) the court or sheriff considers it just to do so.

20

• (1) Section 23 (additional right of appeal from High Court) is amended as follows.

• (2) After subsection (1) insert—

(1A) An appeal may be made to the Court of Appeal in relation to a decision of the High Court— (a) to make an interim serious crime prevention order, (b) to vary, or not to vary, such an order, or (c) to discharge or not to discharge such an order. (1B) An appeal under subsection (1A) may be made by any person on whom the court considers the decision has had, or is likely to have, a significant adverse effect.

• (3) In subsection (2)—

• (a) for “Subsection (1) is” substitute “Subsections (1) to (1B) are”;

• (b) after “serious crime prevention orders” insert “or interim serious crime prevention orders”.

21

In section 24 (appeals from Crown Court), in subsections (1), (2) and (11), after “serious crime prevention order” insert “or an interim serious crime prevention order”.

22

• (1) Section 24A (additional right of appeal from Court of Session) is amended as follows.

• (2) After subsection (1) insert—

(1A) An appeal may be made to the Inner House of the Court of Session in relation to a decision of the Outer House of the Court of Session— (a) to make an interim serious crime prevention order, (b) to vary, or not to vary, such an order, or (c) to discharge or not to discharge such an order. (1B) An appeal under subsection (1A) may be made by any person on whom the court considers the decision has had, or is likely to have, a significant adverse effect.

• (3) In subsection (2)—

• (a) for “Subsection (1) is” substitute “Subsections (1) to (1B) are”;

• (b) after “serious crime prevention orders” insert “or interim serious crime prevention orders”.

23

In section 27 (powers to wind up companies etc: England and Wales), in subsections (1)(a), (4)(a) and (7)(a), after “order” insert “or an interim serious crime prevention order”.

24

In section 27A (powers to wind up companies etc: Scotland), in subsections (1)(a), (1A)(a), (4)(a), (5)(a) and (8)(a), after “order” insert “or an interim serious crime prevention order”.

25

In section 28 (powers to wind up companies etc: Northern Ireland), in subsections (1)(a), (1A)(a), (4)(a) and (7)(a), after “order” insert “or an interim serious crime prevention order”.

26

• (1) Section 30 (notices to bodies corporate including limited liability partnerships) is amended as follows.

• (2) In subsection (1)—

• (a) in the words before paragraph (a)—

• (i) after “section 10” insert “or 10A”;

• (ii) after “serious crime prevention order” insert “or an interim serious crime prevention order”;

• (b) in paragraph (b), for “subsection (3) of that section” substitute “section 10(3) or 10A(3)”.

• (3) In subsection (3), after “order” insert “or an interim serious crime prevention order”.

27

• (1) Section 31 (other partnerships) is amended as follows.

• (2) In subsection (1), after “order” insert “or an interim serious crime prevention order”.

• (3) In subsection (4)—

• (a) in the words before paragraph (a)—

• (i) after “section 10” insert “or 10A”;

• (ii) after “serious crime prevention order” insert “or an interim serious crime prevention order”;

• (b) in paragraph (b), for “subsection (3) of that section” substitute “section 10(3) or 10A(3)”.

• (4) In subsection (10), after “order” insert “or an interim serious crime prevention order”.

28

• (1) Section 32 (unincorporated associations) is amended as follows.

• (2) In subsection (1), after “order” insert “or an interim serious crime prevention order”.

• (3) In subsection (3)—

• (a) in the words before paragraph (a)—

• (i) after “section 10” insert “or 10A”;

• (ii) after “serious crime prevention order” insert “or an interim serious crime prevention order”;

• (b) in paragraph (b), for “subsection (3) of that section” substitute “section 10(3) or 10A(3)”.

• (4) In subsection (9), after “order” insert “or an interim serious crime prevention order”.

29

In section 34 (providers of information society services), in subsections (1), (5) and (6), after “order” insert “or an interim serious crime prevention order”.

30

In section 35(1) (proceedings in the High Court), after “orders” insert “or interim serious crime prevention orders”.

31

In section 36 (proceedings in the Crown Court), in subsections (3)(b) and (6), after “serious crime prevention order” insert “or an interim serious crime prevention order”.

32

• (1) Section 36A (proceedings in the High Court of Justiciary and sheriff court) is amended as follows.

• (2) In subsection (3)(b), after “order” insert “or an interim serious crime prevention order”.

• (3) In subsection (6)—

• (a) after “order”, in the first place it occurs, insert “or an interim serious crime prevention order”;

• (b) after “order”, in the second place it occurs, insert “or a new interim serious crime prevention order”.

33

• (1) Section 38 (disclosure of information in accordance with orders) is amended as follows.

• (2) In subsection (1), after “order” insert “or an interim serious crime prevention order”.

• (3) In subsection (2), after “orders” insert “or interim serious crime prevention orders”.

34

• (1) Section 39 (compliance with orders: authorised monitors) is amended as follows.

• (2) In subsections (1), (3), (4), (6), (7) and (8), after “serious crime prevention order” insert “or an interim serious crime prevention order”.

• (3) In subsection (10), in the definitions of “monitoring services” and “specified”, after “serious crime prevention order” insert “or an interim serious crime prevention order”.

35

In section 40(9) (costs in relation to authorised monitors), in paragraphs (a), (aa) and (b), after “orders” insert “or interim serious crime prevention orders”.

36

In section 41 (powers of law enforcement officers to retain documents), in subsections (1)(a) and (2), after “order” insert “or an interim serious crime prevention order”.

37

In section 43 (index of defined expressions), at the appropriate place insert—

interim serious crime prevention order	section 5E

.

38

• (1) Schedule 2 (functions of applicant authorities) is amended as follows.

• (2) In paragraph 1—

• (a) in paragraph (a), after “orders” insert “and interim serious crime prevention orders”;

• (b) in paragraph (b), after “order” insert “or an interim serious crime prevention order”;

• (c) in paragraphs (c) and (d), after “orders” insert “or interim serious crime prevention orders”.

• (3) In paragraph 4(1)(a), after “serious crime prevention order” insert “or an interim serious crime prevention order”.

• (4) In paragraph 5, after “orders” insert “, and interim serious crime prevention orders,”.

• (5) In paragraph 12—

• (a) in paragraph (a), after “orders” insert “and interim serious crime prevention orders”;

• (b) in paragraph (b), after “order” insert “or an interim serious crime prevention order”;

• (c) in paragraphs (c) and (d), after “orders” insert “or interim serious crime prevention orders”.

• (6) In paragraph 15, after “orders” insert “, and interim serious crime prevention orders,”.

• (7) In paragraph 15A—

• (a) in paragraph (a), after “orders” insert “and interim serious crime prevention orders”;

• (b) in paragraph (b), after “order” insert “or an interim serious crime prevention order”;

• (c) in paragraphs (c) and (d), after “orders” insert “or interim serious crime prevention orders”.

• (8) In paragraph 15C—

• (a) in paragraph (a), after “orders” insert “and interim serious crime prevention orders”;

• (b) in paragraph (b), after “order” insert “or an interim serious crime prevention order”;

• (c) in paragraphs (c) and (d), after “orders” insert “or interim serious crime prevention orders”.

• (9) In paragraph 16—

• (a) in paragraph (a), after “orders” insert “and interim serious crime prevention orders”;

• (b) in paragraph (b), after “order” insert “or an interim serious crime prevention order”;

• (c) in paragraphs (c) and (d), after “orders” insert “or serious crime prevention orders”.

• (10) In paragraph 18(1)(a), after “order” insert “or an interim serious crime prevention order”.

• (11) In paragraph 20A—

• (a) in paragraph (a), after “orders” insert “or interim serious crime prevention orders”;

• (b) in paragraph (b), after “order” insert “or an interim serious crime prevention order”;

• (c) in paragraphs (c) and (d), after “orders” insert “or interim serious crime prevention orders”.

Power to amend definition of “relevant matters”

Serious Crime Act 2007

Editorial notes

EU Settlement Scheme: rights of entry and residence etc

Conditions on limited leave to enter or remain and immigration bail

Powers to take biometric information

Extension of prohibition on employment to other working arrangements

Timeframe for determination of appeal brought by appellant receiving accommodation support

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

Refugee Convention: particularly serious crime

Articles for use in serious crime

Section 52: meaning of “relevant article”

Confiscation of assets

Electronic monitoring requirements

Interim serious crime prevention orders

Applicants for making of orders and interim orders

Notification requirements

Orders by Crown Court on acquittal or when allowing an appeal

Validation of fees charged in relation to qualifications

Financial provisions

Consequential and minor provision

Regulations

Extent

Commencement

Short title

Introductory

Serious Crime Act 2007