A Bill to make provision about border security; to make provision about immigration and asylum; to make provision about sharing customs data and trailer registration data; to make provision about articles for use in serious crime; to make provision about serious crime prevention orders; to make provision about fees paid in connection with the recognition, comparability or assessment of qualifications; and for connected purposes.
The information below was generated through an automated process and is for information purposes only.
This is not the latest version of the Bill
Available Versions
| Date | Debate |
|---|---|
| Tuesday 11th November 2025 | Report stage |
| Wednesday 5th November 2025 | Report stage |
| Monday 3rd November 2025 | Report stage |
| Tuesday 28th October 2025 | Report stage |
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|---|---|
| Monday 8th September 2025 | Committee stage |
| Wednesday 3rd September 2025 | Committee stage: Part 2 |
| Wednesday 3rd September 2025 | Committee stage: Part 1 |
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| Thursday 10th July 2025 | Committee stage: Part 1 |
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|---|---|
| Monday 12th May 2025 | Report stage |
| Date | Debate |
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Page 1
Part 1
Border security
Chapter 1
The Border Security Commander
Source Bill 173 EN 2024-25
56 This clause makes provision for the Border Security Commander ("the Commander") to be a statutory office holder.
57 Subsection (1) requires the Secretary of State to designate a civil servant as the Commander.
58 Subsection (2) ensures that the Commander is to carry out the functions of the statutory office on behalf of the Crown, and subsection (3) ensures that service as the Commander is in the civil service of the State.
59 To enable the Commander to perform their functions, subsection (4) requires the Home Secretary to provide civil servants or other persons to give appropriate assistance to the Commander.
Source Bill 173 EN 2024-25
60 This clause makes provision about the terms and conditions of designation.
61 Subsection (1) requires the Commander to hold and vacate office in accordance with the terms and conditions of designation. This is subject to subsections (3) to (5). Subsection (2) provides that such terms and conditions are to be determined by the Secretary of State.
62 Subsection (3) provides that the Secretary of State may also terminate the designation of the Commander in the interests of efficiency or effectiveness, or by reason of misconduct, or of any failure by the Commander to comply with the terms and conditions of the designation.
63 Subsection (4) requires that, before terminating the designation of the Commander, the Secretary of State must: write to the Commander setting out his or her reasons; give the Commander the opportunity to make written representations; and consider any such representations made by the Commander. In the event of any decision to terminate, termination may be immediate or may be following period of time determined by the Secretary of State.
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Source Bill 173 EN 2024-25
64 This clause makes provision for the functions of the Commander.
65 Subsection (1) requires the Commander to have regard to the objectives of a) maximising the effectiveness of the activities of partner authorities relating to threats to border security, for the purpose of minimising such threats; and b) maximising the coordination of those activities for that purpose.
66 Subsection (2) requires the Commander to issue a strategic priority document from time to time. The document must include the principal threats to border security, as viewed by the Commander at the time the document is issued. The document must also set out the strategic priorities to which partner authorities should have regard in exercising their functions in relation to any of the principal threats identified in the strategic priority document.
67 In exercising its functions in relation to threats to border security, a partner authority must have regard to the strategic priority document (subsection (3)).
68 Subsection (4) provides that, before issuing a strategic priority document, the Commander must: consult the Board at a meeting of the Board; and obtain the consent of the Secretary of State to issue the document.
69 Subsection (5) sets out definitions of "border security", "partner authority" and "public authority". Subsection (6) also outlines the exclusion from the definition of "partner authority" (and therefore in relation to subsequent obligations on partner authorities) for (a) the Security Service, (b) the Secret Intelligence Service, and (c) the Government Communications Headquarters. (See also subsections (3) and (4) of clause 5 in relation to those bodies.)
70 Subsection (7) provides that, for the purpose of this Bill but subject to subsection (9), threats to border security include the passage or conveyance of any person or thing towards, into or out of the United Kingdom, or the organisation of or preparation for such passage or conveyance, in circumstances mentioned in subsection (8).
71 Subsection (8) identifies the circumstances where the passage, conveyance, organisation or preparation as referred to in subsection (7): (a) constitutes an offence under the law of any part of the United Kingdom; (b) creates a risk of the commission of an offence under the law of any part of the United Kingdom; or (c) threatens harm of any kind to persons or property in the United Kingdom.
72 Subsection (9) provides that, for the purpose of this Bill, threats to border security do not include threats relating to a customs revenue matter as defined in section 7(2) of the Borders, Citizenship and Immigration Act 2009.
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Source Bill 173 EN 2024-25
73 This clause makes provision in respect of the Commander's annual report.
74 Subsections (1) and (2) place a duty on the Commander to prepare an annual report on the exercise of the Commander's functions during the previous financial year (defined in subsection (5)), which must also include the Commander's views on the performance of the border security system (as defined in subsection (5)) with particular reference to any strategic priorities identified by the Commander in a strategic priority document issued under clause 3.
75 Subsection (3) requires the Commander to send a copy of the annual report to the Secretary of State.
76 Subsection (4) requires the Secretary of State to lay the annual report before Parliament and arrange for it to be published. In practice, publication will be in a manner which the Secretary of State considers appropriate.
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Source Bill 173 EN 2024-25
77 This clause provides that a partner authority has a duty, so far as appropriate and reasonably practicable, to cooperate with the Commander in the carrying out of the Commander's functions (subsection (1)).
78 The duty of cooperation extends only so far as the cooperation is compatible with the exercise of the partner authority's other functions (subsection (2)).
79 Subsections (3) and (4) require the Commander, the Director General of the Security Service, the Chief of the Secret Intelligence Service and the Director of GCHQ, to put in place arrangements governing cooperation between the Commander and those persons in support of the Commander's functions.
Source Bill 173 EN 2024-25
80 This clause provides for a Board and its membership.
81 Subsection (1) places a duty on the Commander to establish and maintain a Board to assist the Commander in the exercise of the Commander's functions.
82 Subsection (2) requires that board (referred to in Chapter 1 of Part 1 of this Bill as 'the Board') to operate under the name which is specified from time to time by the Commander.
83 Subsection (3) requires a) the Commander to be the chair of the Board; and b) one or more representatives nominated by each partner authority which the Commander has for the time being determined should nominate one or more representatives to the Board (see also subsection (4)).
84 Subsection (5) allows the Commander to invite any public authority than a partner authority to nominate one or more representatives of that authority to attend a particular meeting of the Board.
85 Subsection (6) requires the Commander to hold meetings of the Board at such intervals as the Commander thinks appropriate.
86 Subsection (7) provides that, where a person is required to nominate a representative as a member of the Board, the person (a) must take reasonable steps to ensure that the representative attends meetings of the Board; and (b) may, if the representative is unable to attend a particular meeting, arrange for another representative of that person to attend as a member of the Board in that representative's place.
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Source Bill 173 EN 2024-25
87 This clause makes provision about the delegation of the Commander's functions.
88 Subsection (1) allows the Commander to delegate the functions conferred on the Commander under the Bill to be exercisable by any civil servant authorised by the Commander.
89 Subsection (2) ensures that a function of the Commander may be delegated entirely or subject to limitations or conditions.
90 Subsection (3) gives the Commander the power to limit the duration of a delegation as well as to vary or revoke the delegation at any time. It also reserves the right of the Commander to continue to exercise a function that has been delegated.
91 Subsection (4) provides that any act or omission by a person in exercising a function of the Commander delegated to them under subsection (2) is to be treated as being done or omitted to be done by the Commander.
Source Bill 173 EN 2024-25
92 This clause makes provision for the designation of an Interim Border Security Commander.
93 Subsection (1) provides that such a designation is applicable if the Secretary of State thinks that (a) the designation of a person as the Commander has terminated, or is going to terminate, and there will be gap before a new designation is made, or (b) the Commander is, or is going to be, temporarily incapacitated or temporarily unavailable to exercise the Commander's functions.
94 Subsection (2) provides that the Secretary of State may designate a civil servant as the Interim Border Security Commander to exercise the functions of the Commander under this Bill for such period as the Secretary of State thinks appropriate.
95 Subsection (3) identifies that that period may not be longer than the period for which no Commander is designated or (as the case may be) the Commander is incapacitated or unavailable.
96 Subsection (4) provides that, while a designation under this clause has effect, references in this Bill (other than in this clause) or in any other enactment or instrument to the Commander include a reference to the Interim Border Security Commander.
97 Subsection (5) provides that an individual is not prevented from being designated as the Commander merely because they have previously been designated as the Interim Border Security Commander.
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Source Bill 173 EN 2024-25
98 This clause makes provision about directions and guidance of the Secretary of State to the Commander.
99 Subsection (1) requires the Commander to comply with directions given by the Secretary of State about the exercise of the Commander's functions under this Bill, and to have regard to guidance issued by the Secretary of State about the exercise of those functions (subsection (2)).
100 Subsection (3) provides that directions and guidance under this clause may be revised or withdrawn from time to time.
Source Bill 173 EN 2024-25
101 This clause makes clear that this Chapter of the Bill does not apply to the naval, military or air forces of the Crown (including reserve forces).
Source Bill 173 EN 2024-25
102 This clause makes provision for the amendment of Schedule 7 to the Data Protection Act 2018, in order to include "the Border Security Commander" to the list of competent authorities in relation to the processing of personal data carried out for a law enforcement purpose.
Source Bill 173 EN 2024-25
103 This clause provides definitions of terms used in Chapter 1 of the Bill.
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Chapter 2
Other border security provision
Offences relating to articles or information for use in immigration crime
Source Bill 173 EN 2024-25
104 Subsection (1) provides that a person commits an offence if: a. they supply or offer to supply a relevant item to another person, and b. at the time they do so, they know or suspect that the item is to be used by any person in connection with an offence under section 24 or 25 of the Immigration Act 1971 (respectively, illegal entry etc and assisting unlawful immigration).
105 Subsection (2) sets out that is it as a defence to show that they had a reasonable excuse for the action in subsection (1).
106 Subsection (3) outlines that a person has such reasonable excuse in situations including, but not limited to, where they are taking action to carry out a rescue of someone from danger or serious harm, or where their action is on behalf of an organisation that aims to assist asylum-seekers and does not charge for its services.
107 Subsection (4) outlines that a person is to be treated as showing that they have a reasonable excuse for the action if there is sufficient evidence to raise an issue with respect to it, and the contrary is not proved beyond reasonable doubt.
108 Subsection (5) outlines that a person who commits an offence under this section is liable on conviction on indictment to imprisonment for term not exceeding 14 years.
109 Subsection (6) sets out that for the purpose of this clause, clause 14 and 16, an "asylum seeker" means a person who intends to claim that to remove them from or require them to leave the United Kingdom would be contrary to the United Kingdom's obligations under the Convention relating to the Status of Refugees, or the European Convention for the Protection of Human Rights and Fundamental Freedoms.
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Source Bill 173 EN 2024-25
110 This clause sets out where a person is handling 'relevant articles' (see clause 15 for the meaning of relevant article) in relation to certain immigration offences, commits an offence.
111 Subsection (1) sets out that a person commits an offence in the circumstances set out in subsection (2) if: a. they receive or arrange to receive a relevant article from another person, b. they remove or dispose of a relevant article for the benefit of another person, or c. they assist another person to remove or dispose of a relevant article.
112 Subsection (2) sets out the circumstances where a person takes any action outlined in subsection (1), knowing or suspecting at the time that the item(s) in question has been, is being or will be used by themselves or others in connection with an offence under section 24 or section 25 of the Immigration Act 1971 (illegal entry etc and assisting unlawful immigration).
113 Subsection (3) sets out that it is a defence for a person to show that they had a reasonable excuse for action in subsection (1).
114 Subsection (4) outlines that a person has a reasonable excuse in situations including, but not limited to, where they are taking action to carry out a rescue of someone from danger or serious harm, or where their action is on behalf of an organisation that aims to assist asylum-seekers and does not charge for its services.
115 Subsection (5) outlines that a person has a reasonable excuse for the action if there is sufficient evidence to raise an issue with respect to it, and the contrary is not proved beyond reasonable doubt.
116 Subsection (6) outlines that a person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
Source Bill 173 EN 2024-25
117 This clause defines the meaning of "relevant article" for the purposes of clauses 13 and 14.
118 Subsection (1) provides that a "relevant article" is any thing or substance other than those in the list at paragraphs (a) to (h).
119 Subsection (2) sets out that the meaning of items specified at subsection (1)(f) and (g) does not include any vessel designed to be used for transportation by water.
120 Subsection (3) sets out that the Secretary of State may by regulations amend this section to add to the list of things and substances specified in subsection (1) which are not relevant articles and make any consequential provisions. Such regulations will be subject to the draft affirmative procedure (see clause 53(3)).
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Source Bill 173 EN 2024-25
121 This clause sets out where a person collecting information for use in relation to certain immigration offences commits an offence.
122 Subsection (1) defines that a person commits an offence in the circumstances set out in subsection (2) if: a. they collect or make a record of information of a kind likely to be useful to a person organising or preparing for a relevant journey (see subsection (5) for the meaning of relevant journey) or part of such a journey, b. they possess a document or record containing information of that kind, or c. they view, or otherwise access by means of the internet a document or record containing information of that kind.
123 Subsection (2) sets out that the circumstances are where there is a reasonable suspicion that the record or document, or any information contained in it, will be used in organising or preparing for a relevant journey (see subsection (5) for the meaning of relevant journey) or part of such a journey.
124 Subsection (3) outlines that a person collects or makes a record per subsection (1)(a) including (but not limited to) by means of the internet (whether by downloading the record or otherwise).
125 Subsection (4) sets out that the information may be useful for a particular purpose whether or not it may also be useful to members of the public at large for any purpose.
126 Subsection (5) defines 'relevant journey' as a journey involving transporting one or more individuals from outside of the United Kingdom to a place within the United Kingdom where entry or arrival would constitute an offence under section 24 of the Immigration Act 1971 (illegal entry etc).
127 Subsection (6) sets out that is it as a defence for a person charged with an offence under this section to show that their action or possession was for the purposes of a journey to be made only by them and not anyone else.
128 Subsection (7) sets out that it is a defence for a person to show that they had a reasonable excuse for the action or possession outlined in subsection (1).
129 Subsection (8) sets out a non-exhaustive list of cases in which a person has a reasonable excuse for the purposes of subsection (7). This includes: where at the time of the action or possession, the person did not know and had no reason to believe that the document or record was likely to contain information of a kind likely to be useful to a person organising or preparing for a relevant journey or part of such a journey, carrying out work as a journalist, academic research, carrying out or preparing to carry out a rescue of a person from danger or serious harm, providing or preparing to provide medical care or emergency shelter or supplies, or on behalf of an organisation that aims to assist asylum-seekers and does not charge for its services.
130 Subsection (9) sets out that in relation to the defences in subsections (6) and (7), where it is a defence for a person to show a particular matter, the person will be treated as having shown that matter if they adduce sufficient evidence in relation to the matter in question to raise an issue with respect to it, and the contrary is not proved beyond reasonable doubt.
131 Subsection (10) outlines that a person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 5 years.
132 Subsection (11) states that a ",record" in this clause includes photographic or electronic records.
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Source Bill 173 EN 2024-25
133 This clause makes further provision about the offences in clauses 13, 14 and 16.
134 Subsection (1) sets out that clauses 13(1), 14(1) or 16(1) apply to things done both inside or outside the United Kingdom, regardless of the nationality of the person by whom they are done.
135 Subsection (2) provides that where an offence under clauses 13, 14 or 16 is committed outside of the United Kingdom, proceedings for the offence may be taken in the United Kingdom. Subsections (3) and (4) make further provision about the application of subsection (2) in Scotland.
Page 11
Endangering another during sea crossing to United Kingdom
Source Bill 173 EN 2024-25
136 This clause creates a new criminal offence and provides the potential for increased sentencing (compared to certain existing immigration offences under section 24 of the Immigration Act 1971) where a person does an act which endangers the life or lives of others during a sea crossing from France, Belgium or the Netherlands to the United Kingdom and which results in the commission of an existing offence under section 24(A1), (B1), (D1) or (E1) of the Immigration Act 1971.
137 Subsection (2) sets out the conditions under which this offence is committed and defines key expressions by inserting subsections (E1A) and (E1B) into section 24 of the Immigration Act 1971. Subsection (E1A) specifies that to commit the offence, a person must: 1) make a journey by water from France, Belgium or the Netherlands which results in their entry or arrival into the United Kingdom; 2) that journey results in the commission of an offence under subsection (A1), (B1), (D1) or (E1) of section 24 of the Immigration Act 1971; and 3) that at any point during the "relevant period" of the journey, the person acted in a way that caused or created a risk of serious personal injury or death to another person.
138 Subsection (2) also defines key expressions for the purposes of clause (18) by inserting subsection (E1B). Subsection E1B(a) sets out that the "relevant period" of the journey begins when the person committing the offence first left dry land in France, Belgium or the Netherlands for the purpose of making the journey. This includes the process of boarding the first, if more than one, vessel. The ",relevant period" ends when the person reaches dry land in the United Kingdom. Subsection (E1B)(a) defines ",personal injury" as meaning physical or psychological injury. Subsection (E1B)(c) explains that land is to be regarded as ",dry land" at any particular time if it is not covered by water at that time.
139 Subsection (3) sets out the maximum sentence for the offence. For an offence under clause 18 committed in connection with an offence under subsection (A1) of the Immigration Act 1971, the maximum sentence is six years or a fine or both. For an offence under clause 18 committed in connection with an offence under subsections (B1), (D1) or (E1) of section 24 of the Immigration Act 1971, the maximum sentence is five years or a fine or both.
140 Subsections (4), (5) and (6) make amendments to subsections (3), (4) and (5) of section 24 of the Immigration Act 1971 to include references to subsection (E1A) of clause 18, as inserted by subsection (2).
141 Subsection (7) explains subsection (E1A) as inserted by subsection (2), refers to acts carried out inside or outside the United Kingdom.
142 Subsection (8) states that where a person is on trial charged with an offence under clause 18 and is found not guilty by the relevant court, sheriff or jury of the clause 18 offence, the person may still be found guilty of an offence under subsection section 24(A1), (B1), (D1) or (E1) of section 24 of the Immigration Act 1971, as applicable.
143 Subsection (9) makes consequential amendments to the Immigration Act 1971.
144 Subsection (10) makes consequential amendments to the Nationality, Immigration and Asylum Act 2002.
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Page 13
Powers of search etc in relation to electronic devices
Source Bill 173 EN 2024-25
145 This clause defines key expressions for the purposes of clauses 20-23.
146 Subsection (2) defines a ",relevant person" as someone who has entered or arrived in the United Kingdom as per subsection (3) and has not subsequently been granted leave to enter or remain after their arrival.
147 Subsection (3) sets out the types of irregular entry or arrival in the United Kingdom which inform whether a person is a "relevant person" under subsection (2).
148 Subsection (4) defines a 'relevant article' as anything which appears to an authorised officer (see subsection (6) for definition of "authorised officer") to be a thing on which information that relates, or may relate, to the commission (whether in the past or future) of an offence under section 25 or 25A of the Immigration Act 1971 is, or may be stored in electronic form. Section 25 and 25A are the offences of assisting unlawful immigration to a member State or the United Kingdom and helping an asylum-seeker to enter the United Kingdom.
149 Subsection (5) applies section 11(1) of the Immigration Act 1971 to this clause. Section 11(1) (person deemed not to enter United Kingdom before disembarkation, while in controlled area or while under immigration control) provides for the distinction between entering and arriving into the United Kingdom.
150 Subsection (6) defines "authorised officer" as meaning immigration officer and a constable of a police force maintained by a local policing body. There is also a power in clause 25 for the Secretary of State to make regulations to provide that reference in this clause (and in clauses 20, 21 and 22) to an ",authorised officer" includes a person described in those regulations.
151 Further detail on a 'relevant article' is provided at clause 26.
Source Bill 173 EN 2024-25
152 This clause confers power for an authorised officer to search a relevant person for a relevant article in circumstances where the authorised officer has reasonable grounds to suspect that the person is in possession of a relevant article (subsection (1)).
153 Subsection (2) explains that an authorised officer may only search a person under subsection (1) if the person has not previously been searched since the person's entry or arrival as defined in section 19(3).
154 Subsection (3) sets out that the power of an authorised person under subsection (1) allows the search of the person's mouth and allows the authorised officer to require the person to remove an outer coat, jacket or glove but no other clothing.
155 Subsections (4), (5) and (6) confer powers for an authorised officer to search property, premises and a vehicle or container, for any relevant article, in certain circumstances and set out what those circumstances are.
156 Subsection (7) requires a constable to gain authorisation from a police officer of at least the rank of superintendent before they may exercise any of the powers under this clause. Subsection (8) enables a constable to use reasonable force in exercising the powers under this clause. (Section 146(1) of the Immigration and Asylum Act 1999 provides that an immigration officer exercising any power conferred on them by the Immigration Acts may, if necessary, use reasonable force.)
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Source Bill 173 EN 2024-25
157 This clause confers power for an authorised officer to seize any relevant article which has been found on a search under clause 20 or is not found on a search but appears to the officer to be, or to have been, in the possession of a relevant person. Where legally privileged information cannot be separated from the relevant article, clause 24 contains safeguards to ensure it is protected (see clause 24).
158 Subsection (2) requires a constable to gain authorisation from a police officer of at least the rank of superintendent before exercising the power to seize under this clause.
159 Subsection (3) enables a constable to use reasonable force when exercising the powers under this clause. (For the power of an immigration officer to use reasonable force, see explanation in relation to clause 20 above.)
160 Subsection (4) enables a constable to give an article seized under this section, to an immigration officer of the Secretary of State.
161 Subsection (5) provides that an authorised officer or the Secretary of State may retain an article for as long as is considered necessary for the purposes of accessing, examining or copying the information, in line with clause 23 and how it must, subject to the exceptions set out, be returned once the retention is no longer considered necessary for those purposes.
162 Subsection (6) sets out to whom the relevant article must be returned under subsection (5).
163 Subsections (7), (8) and (9) set out the process for disposal of a relevant article where it cannot be returned to a person in accordance with subsection (6) and is not required to be dealt with under clause 22.
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Source Bill 173 EN 2024-25
164 This clause makes provision in relation to an immigration officer passing on a relevant article to other persons, where there is a reasonable belief that the article or information stored on it has been obtained in consequence of the commission of, or is evidence in relation to, an offence other than the immigration offence (defined as the ",relevant offence") (subsection (1)).
165 Subsection (2) places a duty on an immigration officer, who has formed the belief under subsection 1(b), to notify a person who has the functions to investigate the relevant offence.
166 Subsection (3) provides an immigration officer with discretion to notify a person who has the functions to investigate the relevant offence, where the immigration officer reasonably believes the article also relates to an immigration offence.
167 Subsection (4) requires that a person notified under this clause must as soon as reasonably practicable, inform the immigration officer of whether they will accept the relevant article.
168 Subsection (5) sets out the circumstances in which a person notified under this clause can refuse to accept the relevant article. Subsection (6) confirms that if the person notified agrees to accept the article, it must be passed to the person as soon as reasonably practicable. Subsection (7) ensures that where a relevant article is passed on, any provision of an enactment which apply to items seized or taken away by the person applies to the relevant article as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence. Subsection (8) explains that if a person informs an immigration officer that they will not accept the relevant article, by virtue of subsection (5)(a), the immigration officer must decide whether to continue to retain the article under clause 21(5).
169 Subsection (9) sets out the options available to immigration officers if a relevant article is not accepted because subsection (5)(b) or (c) applies.
170 Subsection (10) confirms that where a relevant article has been obtained in consequence of more than one offence, other than an immigration offence, reference to the relevant offence applies to any of those offences.
171 Subsection (11) explains that functions conferred or imposed by this clause on an immigration officer may be exercised by any other immigration officer.
172 Subsection (12) confirms that this clause applies to a relevant article retained under clause 21(5)(a) by the Secretary of State in the same way as it applies to an immigration officer.
173 Subsection (13) confirms that references to an immigration officer, except for subsection (11), are to be read as references to the Secretary of State.
174 Subsection (14) defines "enactment" and "immigration offence", for the purposes of this clause.
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Source Bill 173 EN 2024-25
175 This clause confers power for an authorised officer or the Secretary of State to access and examine any information stored on a relevant article (that is retained under clause 21(5)(a)) copy and retain information that relates, or may relate, to the commission (whether in the past or future) of an offence under section 25 or 25A of the Immigration Act 1971; and use any information retained for any purpose relating to the prevention, detection, investigation, or prosecution of such an offence.
176 Subsection (2) requires a constable to gain authorisation from a police officer of at least the rank of superintendent before they may exercise any of the powers under this clause.
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Source Bill 173 EN 2024-25
177 This clause amends the Criminal Justice and Police Act 2001 so that provisions relating, amongst other things, to the protection of legally privileged material and excluded and special material apply when relevant articles are seized under clauses 20 to 23.
Source Bill 173 EN 2024-25
178 This clause provides that the Secretary of State may by regulations (subject to the negative procedure) make provision for the powers available to authorised officers in clauses 20 to 23 to be available to other people, including persons designated by the Secretary of State.
Source Bill 173 EN 2024-25
179 This clause defines ",container", ",deportation order", ",electronic travel authorisation", ",entry clearance", "immigration officer", immigration rules", "premises", "ship" and "vehicle" for the purposes of clauses 20 to 23.
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Sharing of information
Source Bill 173 EN 2024-25
180 His Majesty's Revenue and Customs (HMRC) exercises a range of statutory customs functions in respect of both the collection and management of customs duty and the control and administration of imports/exports more generally. The exercise of these functions requires the collection and appropriate management of information. These include various functions relating to: the collection and management of customs duty; monitoring and controlling the movement of goods, including for purposes relating to safety and security and the customs enforcement of intellectual property rights; and the control of cash entering or leaving the UK.
181 HMRC's statutory framework on confidentiality requires a legal basis to be able to lawfully disclose HMRC information held in connection with departmental functions. This section will provide a suitable legal basis for disclosure by HMRC of information held in relation to its customs functions to a range of recipients, including UK Ministers, government departments and police, and certain international partners, as described in the clause. The information shared may extend to other taxes and duties apart from customs duty (for example, VAT and excise duty) but only to the extent it is held in relation to HMRC's customs functions. For example, the measure will allow HMRC to share VAT information relating to the import of goods that is captured as part of their customs functions, but not other VAT information submitted by businesses on their VAT returns.
182 This clause will allow HMRC to share customs information in support of functions exercised by the recipients, including those relating to ensuring the security of UK borders. UK Ministers, government departments and police will be able to re-use customs information for any of their functions, and further share it for the limited purposes specified in clause 28. All disclosures permitted by these sections will remain subject to data protection legislation, and disclosures outside of the section's permissions will be restricted by reference to existing criminal penalties under the Commissioners for Revenue and Customs Act 2005.
183 Subsection (1), gives HMRC, or anyone acting on HMRC's behalf, the power to supply information that HMRC holds in connection with its customs functions. The power is limited to supplying information to persons within section 27(3).
184 Subsection (2) defines ",customs functions" as HMRC's functions in their capacity as a customs service. It includes in particular their functions in that capacity relating to (a) the movement of goods or cash into, out of or within the United Kingdom, and (b) the imposition, enforcement or other regulation of any tax or duty relating to such movement of goods.
185 The information may be shared with both UK recipients and non-UK recipients, as stated in subsection (3). UK recipients with whom information may be shared include a Minister of the Crown or a government department and a UK authorised person. Information may also be shared to specified persons within the Home Office, such as the Border Security Commander and the Director of Border Revenue (see subsection (3)(b)-(e)).
186 Regarding ",Minister of the Crown", this has the same meaning, as stated in subsection (6), as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act): "[T]he holder of an office in Her Majesty's Government in the United Kingdom, and includes the Treasury, the Board of Trade and the Defence Council." Regarding "government department", this is defined at subsection (5), in such a way that includes a body exercising statutory functions, such as the National Crime Agency, and the governments of the devolved administrations. Regarding, ",UK authorised person", these UK persons are specified in section 33(3), and are police personnel.
187 Non-UK recipients with whom information may be shared, as stated in subsection (3), are: (g) A government of a country or territory outside the United Kingdom; (h) A person in a country or territory outside the United Kingdom with public functions either (i) relating to the movement of goods or cash into or out of that country or territory, or (ii) relating to the imposition, enforcement or other regulation of any tax or duty relating to such movement of goods; and (i) An international organisation to which subsection (3) applies.
188 Sharing information with international organisations is further clarified by subsection (4) which has the practical effect of limiting the sharing of information under 27(1) to international organisations that have functions relating to: (a) the movement of goods or cash across international borders; or if an international arrangement makes provision for cooperation between the organisation and HMRC. ",International arrangement" is defined, in subsection (5), as "an international agreement or arrangement to which any of the following is a party: (a) the United Kingdom; (b) His Majesty's Government; (c) HMRC; (d) the Commissioners for His Majesty's Revenue and Customs."
189 Subsection (5) defines various terms for the purposes of this section.
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190 This section regulates how the information supplied under section 27 may be used and disclosed by its recipients.
191 Subsection (1) sets a general rule that a person who receives information under section 27(1) may (a) use it only for the purposes for which it was supplied, and (b) not further disclose it without the consent of the Commissioners for His Majesty's Revenue and Customs (which may be general or specific). However, this general rule is subject to the following provisions, which enable certain recipients to use and disclose information more flexibly.
192 Subsection (2) relates to information that is shared under section 27(1) with a person listed within section 27(3)(a) to (f). Such information may be used for the purposes of any of the recipient's functions. For example, information supplied by HMRC to the Secretary of State for use for immigration purposes can also be used by the Secretary of State for any of her other functions.
193 Persons to whom subsection (3) applies (being either the Secretary of State for the Home Department or other specified persons within the Home Office, as per subsection (4)) are able to supply information to each other for the purpose of any of the recipient's functions. The effect of this is that information shared within the Home Office can be used for any Home Office function, rather than being limited to the functions of the initial recipient. For example, information shared with the Secretary of State for the Home Department (SSHD) under section 27(1) can be further supplied to the Director for Border Revenue for use for any of that post holder's functions, even those not exercisable by the SSHD.
194 Subsection (5) is a saving provision that clarifies that, should the general customs functions exercisable by the Secretary of State for the Home Department transfer to another Secretary of State, then subsection (4) should be read at that time as including a reference to the Secretary of State to whom those general customs functions are exercisable.
195 Subsection (6) clarifies that persons within subsection (3)(b) to (e) of section 27 (i.e., specified persons within the Home Office) to whom information is supplied under section 27(1) or 28(3) are, for the purposes of subsections (7) to (10), which relate to the onward supply of information, to be treated as also having had the information supplied to them in their capacity as an official of the Secretary of State.
196 Subsection (7) concerns persons listed within section 27(3)(a) or (f). To the extent that this is not already permitted by subsection (3), these persons may supply information received under section 27(1) to other persons likewise listed within section 27(3)(a) to (f) for use for the purposes listed at subsection (7)(a) to (g). These purposes broadly related to border security and law enforcement.
197 Subsection (8) provides that the Secretary of State by whom immigration and nationality functions are exercisable may also supply information received under section 27(1) to any person (whether or not within the United Kingdom) for use for the purposes listed at subsection (8)(a) to (b). Note that subsection (13) provides further definitions for the terms used here, including a definition for ",immigration and nationality functions".
198 Subsection (9) provides that the Secretary of the State by whom general customs functions are exercisable may also supply information received under section 27(1) to any person (whether or not within the United Kingdom) for use for the purposes listed at subsection (9)(a) to (b).
199 Subsection (10) provides that information may be supplied to any person in pursuance of an order of a court if the information is received under or by virtue of: (a) section 27(1); (b) section 28(1)(b), (7), (8) or (9); or (c) section 29(3) or (4)(b).
200 Subsection (11) provides that section 28 does not prevent the disclosure of information to HMRC. While subsection (12) confirms that section 28 is subject to section 29.
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201 This clause sets out how information supplied under clause 28 may be used and disclosed by recipients.
202 Subsection (1) states that sections 28(2), (7), (8) or (9), which permit the use and onward supply of information, do not apply if the use or supply of the information would breach any restrictions that were imposed by HMRC, or a person acting on HMRC's behalf, when the information was supplied under section 27(1).
203 Subsections (2) to (4) clarify the restrictions on recipients regarding the use and onward disclosure of information received under section 28.
204 Subsection (2) restricts a person who receives information under or by virtue of section 28(1)(b), (7), (8) or (9) or by virtue of 29(3) or (4)(b) to only using it for the purposes for which it was supplied to them. Subsection (3) further restricts such a person so that they may not further disclose this information without the consent of the Commissioners for His Majesty's Revenue and Customs (which may be general or specific).
205 Subsection (4) provides that any person who receives information under section 28(3) may not further disclose it except as permitted by subsection (3), (7), (8), (9) or (10) of that section or with the consent of the Commissioners for His Majesty's Revenue and Customs (which may be general or specific). In the case of information received by virtue of 29(4) itself, onward disclosure is only permitted with the consent of the Commissioners for His Majesty's Revenue and Customs.
206 Subsection (5) adds further safeguards regarding the onward disclosure and receipt of information. Any person who supplies information in reliance on section 28(1)(b), (7), (8) or (9), or section 29(3) or (4)(b) must notify the recipient(s) that the limitations and prohibitions that apply to the information by virtue of section 29.
207 Subsections (6) and (7) extend the existing offence of wrongful disclosure so that it applies in circumstances where a person discloses information, relating to a person whose identify is specified in, or can be deduced from the disclosure, in contravention of subsection (1)(b) of section 28 or subsection (3) or (4)(b) of section 29. Subsection (7) provides that the offence applies in relation to such disclosures as it applies in relation to a disclosure in contravention of section 20(9) of that Act.
208 Subsection (8) clarifies that clause 29 does not prevent the disclosure of information to HMRC.
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209 Clause 30 relates to the supply of trailer registration information by the Secretary of State for Transport.
210 Subsection (1) establishes a discretionary power for the Secretary of State for Transport to supply that information in accordance with subsections (3) to (8). Subsection (2) defines the meaning of "trailer registration information" as information held by the Secretary of State for Transport under Part 2 of the Haulage Permits and Trailer Registration Act 2018.
211 Subsection (3) makes provision for trailer registration information to be supplied to the Secretary of State for the Home Department for one or more of the purposes listed in subparagraph (a) to (f). These are (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; and (f) responding to an emergency.
212 Subsection (4) makes provision for the trailer registration information being supplied to the Secretary of State by whom general customs functions are exercisable, for use in connection with those functions.
213 Subsections (5) and (6) make provision for the trailer registration information being supplied to the NCA and HMRC respectively for use in connection with any of their functions.
214 Subsection (7) makes provision for the trailer registration information being supplied to a ",UK authorised person" and a ",UK authorising officer" (limited to persons engaged in policing by subsections 33(3) and (4)) for use in connection with; (a) ",specified purposes related to policing" (subsection 33(8) confers regulation making powers); (b) the law enforcement purposes; and (c) safeguarding national security.
215 Subsection (8) makes provision for the trailer registration information being supplied to a "non-UK authorised person" and a ",non-UK authorising officer" (limited to specified persons concerned with law enforcement, customs and immigration in Guernsey, Jersey, the Isle of Man and Gibraltar, by subsections 33(6) and (7)) for use in connection with; (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; and (b) purposes connected with the exercise of any statutory functions of the recipient relating to customs, excise, immigration or the proceeds of crime.
216 Subsection (9) enables the Secretary of State to supply information received under subsection (3) to; (a) an immigration officer; (b) a designated customs official; and (c) the Border Security Commander, for use in connection with any of the purposes listed in subsection (3)(a) to (f). Subsection (10) operates in the same way so that information received by the Secretary of State under subsection (4) may be supplied by them to; (a) the Director of Border Revenue; and (b) a designated customs official, in connection with a customs function exercisable by that person. These ensure fluidity of information sharing within the Home Office.
217 Subsection (11) is a saving provision that clarifies that, should the general customs functions exercisable by the Secretary of State for the Home Department under subsection (3) transfer to another Secretary of State, then the powers under subsection (3) should be read as the Secretary of State to whom those general customs functions are transferred.
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218 Clause 31 regulates the onward sharing of information supplied to persons under clause 30 specifically with respect to the Home Office, and a "UK authorised person" and a ",UK authorising officer"; it is envisaged that any onward sharing will be on a case-by-case basis. It does not regulate onward sharing by the NCA and HMRC because "as creatures of statute" safeguards are provided for elsewhere. The same applies with respect to the Crown Dependencies and Gibraltar (for any information received under subsection 30(8)) as those territories are governed by their own legislation.
219 Subsection (1)(a) makes provision for a person who receives information under subsections 30(3), (4), (9) or (10), that is, the Secretary of State, an immigration officer; a designated customs official; the Border Security Commander; and the Director of Border Revenue, to supply that information to a person exercising public functions (whether or not within the United Kingdom) for use in connection with any of the purposes listed in (i) to (viii). These are; (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; and (viii) purposes connected with civil or criminal legal proceedings or a criminal investigation (including proceedings or an investigation outside the United Kingdom). Subsection (1)(b) makes provision for those persons to supply that information 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.
220 Subsection (2) extends the disclosure powers in subsection (1)(a) and (b)(i) to a ",UK authorised person" and a ",UK authorising officer" who receives information under subsection 30(7).
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221 Clause 32 makes general provision about disclosure with respect to clauses (27) to (31). Subsection (1) clarifies that nothing in clauses (27) to (31) limits how information may be supplied apart from those sections. Subsection (2) clarifies that nothing in clauses (27) to (31) authorises disclosure where it would otherwise contravene data protection legislation or the investigatory powers legislation in the UK but that in determining whether a disclosure would do either of those things, the powers conferred by those sections are to be considered. Subsection (3) defines the meanings of "the data protection legislation" by reference to the Data Protection Act 2018; and ",the investigatory powers legislation" by reference to the Investigatory Powers Act 2016.
Source Bill 173 EN 2024-25
222 Clause 33 is concerned with the interpretation of clauses (27) to (31). Subsection (1) states this as its purpose.
223 Subsection (2) defines references to persons as having the meanings specified, including with reference to any acts (as applicable) regarding; "the Border Security Commander"; a "designated customs official"; "the Director of Border Revenue"; "HMRC"; and an "immigration officer".
224 Subsection (3) defines a ",UK authorised person" for the purposes of any information supplied under (a) section 27 (supply of customs information by HMRC) and (b) section 30 (supply of trailer registration information by the Secretary of State for Transport) and section 31 (onwards sharing of information shared under section 30), where a person in the first column of the subsequent table may be authorised to receive the information by the authorising officer specified in the corresponding entry in the second column of the table.
225 Row 1 of column 1 defines the authorised person as ",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". With respect to constables, any constable, be they in a UK territorial police force, in a UK specialist police force (British Transport Police, Ministry of Defence Police and the Civil Nuclear Constabulary), a UK Ports Police body, and the Mersey Tunnels Police would be able to access trailer registration information if they were authorised to do so by the ",authorising officer". Ports police constables include those sworn under section 79 of the Harbours, Docks and Piers Clauses Act 1847, additionally under the Mersey Docks and Harbour (Police) Order 1975 for the Port of Liverpool Police; under section 154 of the Port of London Act 1968 for the Port of Tilbury Police; and under section 103 of the Tees and Hartlepools Port Authority Act 1966 for the Teesport and Hartlepool Harbour Police. Mersey Tunnels Police are sworn under section 105(2) of the County of Merseyside Act 1980. Parks and cathedral constables are not within scope.
226 The ",other person" within the formulation refers to a person who might otherwise be described as ",police staff" or ",police civilian staff". Many police forces employ police staff as analysts or to work in control rooms. While there may for example be sworn constables in control rooms, it is not the intention to limit them to retaining sworn constables when it would be operationally more efficient for these roles to be undertaken by unwarranted police staff. This definition enables trailer registration information to be supplied not only to persons who are employed by the police pursuant to an employment contract (police civilian staff in the conventional sense), but also police volunteers and contractors, provided they are authorised to receive the information. This includes civil servants such as those employed by the Ministry of Defence and assigned to the MoD Police, those provided under section 4 of the Police (Northern Ireland) Act 2000 assigned to the Police Service of Northern Ireland, and NCA officers on secondment to a police force; subject in each case to being duly authorised by the authorising officer of that body of constables.
227 In row 1 of column 2 the ",authorising officer" for a constable or other person in column 1 is described as ",the person under whose direction and control the constable or other person is". It is designed to take account of police bodies not led by a ",Commissioner", a ",Chief Constable" or a ",Chief Officer" used elsewhere (as these have specific legal meanings) that exclude the commanders of Ports Police and the Mersey Tunnels Police. The formulation is expressly designed to include these latter types of police (as well as the former), critical as they are to policing maritime ports, and designated roads infrastructure near the Port of Liverpool.
228 The Service Police provide investigatory (including for crime) and policing services to the military. Row 2 of column 1 enables ",a member of a service police force or other person" (",other person" such as a civil servant or a contractor) who is under the direction and control of the relevant Provost Marshal (of the Royal Navy Police, the Royal Military Police, the Royal Air Force Police, and the tri-service serious crime unit); and authorised to access to the data. Row 2 of column 2 defines the authorising officer as ",the relevant Provost Marshal".
229 Subsection (4) defines ",constable" as being inclusive of special constable; and defines ",relevant Provost Marshal" and ",service police force" with respect to the Armed Forces Act 2006.
230 Subsection (5) defines a ",UK authorising officer" as (a) a person having the direction and control of a body of constables, and (b) a Provost Marshal.
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Provision of biometric information by evacuees etc
Source Bill 173 EN 2024-25
233 This clause provides a power for authorised persons to take biometric information where the government is in the process of facilitating their exit from a state or territory. The provision provides operational flexibility in instances where the government may wish to facilitate the exit from one country into another (including but not limited to crisis or evacuation scenarios).
234 Subsection (1) grants authorised persons the power to take biometric information, including fingerprints and facial images, from individuals to whom the section applies.
235 Subsection (2) outlines the conditions under which this power can be exercised, namely that the authorised person reasonably believes the individual is subject to immigration control; and the government is in the process of facilitating the individual's departure from a state or territory.
236 Subsection (3) establishes additional safeguards for the taking of biometric information from children under the age of 16. It requires that a parent, guardian, or a responsible adult must be present when biometric information is taken, ensuring that the child's welfare is protected.
237 Subsection (4) ensures that authorised persons or officers of the Secretary of State cannot act as the responsible adult for the purposes of subsection (3), maintaining impartiality in the process.
238 Subsection (7) confirms that "taking biometric information" includes recording such information.
239 The provision explicitly allows biometric information to be taken outside the UK to address operational requirements in international evacuation efforts, where urgent action is needed to facilitate exit of one country and entry to another, or where access to secure UK facilities is not immediately feasible.
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240 Subsection (1) requires that biometric information taken under Section 30 must be provided to the Secretary of State as soon as possible.
241 Subsection (2) sets out the principal purposes for which the Secretary of State can use the biometric information, namely immigration and nationality purposes, and law enforcement and national security purposes.
242 Subsection (3) and (4) confirm that the biometric information can only be kept by the Secretary of State if it is needed for the above purposes and must be deleted after 5 years, unless it can be held under another power.
243 Subsection (6) provides the Secretary of State can also use the information to identify whose exit has been facilitated.
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Provision of biometric information at ports in Scotland
Source Bill 173 EN 2024-25
244 This clause amends Schedule 8 Terrorism Act 2000 (TACT) and Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (",CTBSA"), to enable the biometrics of persons detained in Scotland under Schedule 3 CTBSA or 7 TACT to be taken at ports, thereby bringing the position in Scotland into line with that in England, Wales and Northern Ireland.
245 Schedules 7 & 3 of those Acts allow Counter-Terrorism Police Officers to detect, disrupt and deter terrorism and hostile activity at the border. They allow an Examining Officer (that is a constable or a designated immigration or customs officer) to stop, question, search and detain a person at a port or at the border area in Northern Ireland, for the purpose of determining whether the person appears to be a person who is, or has been, engaged in terrorism or hostile activity respectively. An Examining Officer may stop and question a person whether or not there are grounds for suspecting that the person is or has been engaged in terrorism or hostile activity.
246 In England, Wales and Northern Ireland paragraph 10 of Schedule 8 to the TACT and paragraph 34 of Schedule 3 to the CTBSA allow Examining Officers to take fingerprints and non-intimate DNA samples (",biometrics") from individuals who have been detained under these powers while they are at the port.
247 The powers for taking these biometrics in Scotland are contained in paragraph 20 of Schedule 8 to the TACT and paragraph 42 of Schedule 3 to the CTBSA. Amongst other things, a key difference is the requirement for those detained under Schedules 3 or 7 in Scotland to be taken to a police station in order to have their biometrics taken. This clause enables the biometrics of persons detained in Scotland under Schedule 3 or 7 to be taken at ports, thereby bringing the position in Scotland into line with that in England, Wales and Northern Ireland.
248 The exercise of the powers under Schedule 7 to TACT and Schedule 3 to the CTBSA is subject to codes of practice issued by the Secretary of State; these will be updated ahead of commencement of this clause to reflect the changes made to the power to take biometrics in Scotland.
Part 2
Asylum and immigration
Repeal of immigration legislation
Source Bill 173 EN 2024-25
249 This clause repeals in its entirety the Safety of Rwanda Act such that it will no longer have effect once this Bill is passed.
Source Bill 173 EN 2024-25
250 Subsection (1) lists the provisions in the Illegal Migration Act 2023 which this Bill repeals. The provisions not being repealed are: section 12 (period for which persons may be detained); section 29 (modern slavery, amendment of section 63 of the Nationality and Borders Act 2022); section 52 (Judges of First-tier Tribunal and Upper Tribunal); section 59 (inadmissibility of certain asylum and human rights claims); section 60 (cap on number of entrants using safe and legal routes); section 62 (credibility of claimant: concealment of information etc); and sections 63 to 65 and 67 to 69 (relevant final provisions of the Illegal Migration Act).
251 Subsection (2) provides that section 8AA of the Immigration Act 1971 (as inserted by the section 30(3) of the Illegal Migration Act 2023) is to be treated as having never been in force. Section 8AA originally came into effect on the day the Illegal Migration Act was passed (20 July 2023) and was retrospective in effect from the day the Act was introduced into Parliament (07 March 2023). The retrospective effect caused complexity for the immigration system and created a risk that the Home Office was acting in a manner inconsistent with legislation; potentially granting leave ultra vires to those who should be subject to the bars on obtaining immigration status.
252 The Illegal Migration Act 2023 (Amendment) Regulations 2024 removed the retrospective effect of the Act to address this risk. Specifying that section 8AA is to be treated as never having been in force will ensure that any leave which may have been granted ultra vires whilst section 8AA had effect is valid.
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253 This clause makes consequential amendments necessary as a result of the repeal of the provisions of the Illegal Migration Act 2023 (clause 38) and the repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024 (clause 37).
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Immigration advisers and immigration service providers
Source Bill 173 EN 2024-25
254 Schedule 1 amends Schedule 5 of the Immigration and Asylum Act 1999 to set out that the Commissioner is to hold office for a term not exceeding five years. This does not affect paragraph 12(3) which states that the Commissioner is eligible for re-appointment when their term of office ends. This amendment is needed because there is currently no power to make short term or interim appointments should the need arise in line with other Public Appointments.
255 The current regulatory regime is based upon there being an Immigration Services Commissioner and Deputy in post. Therefore, an amendment is also made to paragraph 16(1) to set out that the Commissioner may appoint a person to act as Deputy Commissioner. Should both the roles be vacant simultaneously, the majority of ISC regulatory functions could not be discharged. Paragraphs 17A(1) and (2) provide that a member of the Commissioner's staff nominated by the Secretary of State may act in the Commissioner's place in certain circumstances. This provision is not designed to replace the Secretary of State's provision to appoint a Deputy Commissioner, but to be used in extremis to avoid a gap in regulatory oversight.
Deportation etc
Source Bill 173 EN 2024-25
256 This clause amends sub-paragraph 2 of paragraph 2 of Schedule 3 to the Immigration Act 1971 which provides the power to detain someone who is subject to deportation action on the grounds their presence in the UK is not considered conducive to the public good. It confirms that the Home Office may detain someone subject to conducive deportation from the point at which the Home Office serves notification that deportation is being considered.
257 Subsection (2)(a) provides that detention under sub-paragraph 2 of paragraph 2 of Schedule 3 to the 1971 Act only applies where the person has been notified in writing that the Secretary of State is considering whether to make a deportation order against them, or that the Secretary of State has decided to make a deportation order against them.
258 The clause also amends section 141(7)(c)(ii) and Regulation 2 of the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021. This aligns the power to capture facial images and fingerprints with the power to detain people who are subject to clause 42. This means the Home Office will be able to capture their biometrics at the time they are detained.
259 The clause amends section 51 of the Immigration Act 2016 (search for nationality documents by detainee custody officers etc) so that the reference to the written notice which triggers a search, where the Secretary of State is considering deportation action, is aligned to the one used in the power to detain.
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Powers to take biometric information
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260 This clause amends section 141 of the Immigration and Asylum Act 1999. It allows 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 to be an authorised person to take fingerprints under the section.
261 In addition, subsection (5)(g) creates a power for the Secretary of State to make regulations to enable other types of people to be authorised for the taking of biometric information.
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Part 3
Prevention of serious crime
Offences relating to things for use in serious crime
Source Bill 173 EN 2024-25
262 This clause creates two new criminal offences of possessing any specified article where a person intends, or has reasonable grounds to suspect, that it will be used in connection with any serious offence; and of importation, manufacture, adaptation, supply or, offering to supply a specified article where there are reasonable grounds to suspect that the article will be used in any serious offence. For the purposes of these criminal offences, ",serious offence" means the serious offences specified in Schedule 1 to the Serious Crime Act 2007. These include offences such as fraud, money laundering, terrorism, and drug and people trafficking.
263 Subsections (1) and (2) create the offences of possession and importation, manufacture, adaptation, supply or offering to supply an item (listed in Clause 44 (1)), referred to as a 'relevant article', in circumstances which give rise to a reasonable suspicion that the article will be used in connection with any serious offence.
264 Subsection (3) provides a defence for a person charged with one of the above offences if they can prove that they did not intend or suspect that the article would be used in connection with a serious offence.
265 Subsection (4) explains that a court can assume a person possessed the relevant article if there is proof that (a) the accused was in the same location as the relevant article, or (b) the relevant article was present in the location where the accused resided, or a location that the accused used habitually other than as a member of the public. The court cannot assume possession in this way where the accused shows they did not know of the article's presence on the premises or that they had no control over it.
266 Subsection (5) and (6) explains that a person can be considered to have successfully proven their defence if they meet two key conditions: a) the defendant provides enough evidence to raise a question about the issue in court and b) the prosecution cannot prove the opposite beyond a reasonable doubt. Therefore, the defendant does not have to prove their case with absolute certainty; they just need to raise enough doubt, and if the prosecution cannot disprove this doubt, the defence succeeds.
267 This is a reverse evidential burden of proof. This differs from a reverse legal burden of proof, which would require the defence to prove evidence to the civil standard, which is the balance of probabilities.
268 Subsection (7) defines 'relevant article' as that set out in Clause 44 (see below) and 'serious offence' as those offences specified in Part 1 of Schedule 1 to the Serious Crime Act 2007 for England and Wales, Part 1A of Schedule 1 to the Serious Crime Act 2007 for Scotland and Part 2 of Schedule 1 to the Serious Crime Act 2007 for Northern Ireland. These offences include offences such as people trafficking, drug trafficking, bribery, and armed robbery.
269 Subsection (8) sets out the maximum penalties in relation to these offences in England and Wales, Scotland, and Northern Ireland, respectively. The maximum penalty on summary conviction in England and Wales is imprisonment for the general limit in a magistrates' court (currently six months) or a fine, or both. The maximum penalty on summary conviction in Scotland is 12 months' imprisonment, a fine not exceeding the statutory maximum or both. The maximum penalty on summary conviction in Northern Ireland is imprisonment for a term not exceeding 6 months or a fine limited to level 5 on the standard scale (",5,000) or both. In England and Wales, Scotland, and Northern Ireland the maximum penalty for conviction on indictment is five years' imprisonment, or a fine, or both.
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270 This clause defines the article ("relevant article") for the purposes of the offence in Clause 43. Those articles are: a template to make 3D printed firearm components; an encapsulator; a tablet press; and a vehicle concealment.
271 Subsection (2) sets out the definition of: a "3D printer firearm template" to be any document (any form of information) 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); an ",encapsulator" to mean any device which may be used to produce capsules; a "tablet press" to include any device which may be used to produce tablets; ",vehicle" (as defined in section 1(1) of the Customs and Excise Management Act 1979); and ",vehicle concealment", meaning a compartment which forms or is intended to form part of (or be attached to) a vehicle and which conceals or facilitates the concealment of things or people or is intended to facilitate their concealment.
272 Subsection (3) provides the Secretary of State the power to amend the list of articles by regulation subject to the affirmative procedure. Before exercising this power and making regulations under this clause, the Secretary of State must consult Ministers in the Scottish Government and the Department of Justice in Northern Ireland (subsection (4)).
Source Bill 173 EN 2024-25
273 This clause amends the Proceeds of Crime Act (POCA) 2002, which adds 'offences relating to things for use in serious crime' into the relevant territorial schedules, as set out in subsection (2) (3) and (4). This means the 'relevant articles' listed in Clause 44 may be confiscated under POCA.
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Serious crime prevention orders
Source Bill 173 EN 2024-25
274 Serious Crime Prevention Orders (",SCPOs") were introduced by Part 1 of the Serious Crime Act 2007 (",SCA 2007"). SCPOs are civil preventative orders which can impose tailored prohibitions, restrictions, and requirements on a person for a period of up to five years to prevent, restrict or disrupt their involvement in serious crime. The terms of an SCPO might relate to, for example: business and financial dealings, use of premises or items, provision of goods or services, employment of staff, association with individuals, means of communication or restrictions on travel.
275 There is a list of 'serious offences' in Schedule 1 to the SCA 2007 for which an SCPO can be applied, including offences such as fraud, money laundering, terrorism, drug trafficking and people smuggling. A "person" includes both individuals and bodies corporate, such as limited liability companies, partnerships, and unincorporated associations (associations which carry out a common enterprise such as a trade union).
276 Clauses 46 to 50 make a number of amendments to the SCA 2007 in relation to SCPOs and will apply to England and Wales with the exception of clause 47 (interim SCPOs), and (clause 46 (electronic monitoring), which extends UK wide for SCPOs and ISCPOs in terrorism only cases.
277 This clause inserts new sections 5B, 5C and 5D into the SCA 2007 to provide the courts with the express legislative power to impose an electronic monitoring requirement as a part of an SCPO.
278 New section 5B (1), (1A) and (2) sets out that SCPOs can include the requirement for persons subject to an SCPO in England and Wales to submit to electronic monitoring, and in Northern Ireland and Scotland to submit to electronic monitoring if the SCPO is terrorism-related, solely in order to monitor their compliance with other terms and restrictions of the order (for instance where curfews or restrictions on movement are part of the terms of an individual's SCPO). Such a requirement is referred to in new section 5B as an ",electronic monitoring requirement".
279 New section 5B (3) and (4) stipulates the requirement for a person to be specified who will be responsible for the monitoring ("the responsible person") and that it will be set out in regulations made by the Secretary of State. In practice, this will specify the service provider or providers who are contracted to provide electronic monitoring services for the purposes of the SCPO regime.
280 New section 5B(5)(a) to (c) outlines the obligations on the person subject to an electronic monitoring requirement as part of an SCPO regarding the fitting, installation, inspection, or repair of the device. Someone who is subject to this requirement must: allow any necessary device to be fitted to them or installed; allow the device to be inspected; not interfere with the working of any device necessary for the electronic monitoring (such as tampering or intentionally damaging the device); and take any steps required by the 'responsible person' (the service provider) to keep the device in working order.
281 New section 5B (6) provides that an electronic monitoring requirement cannot be imposed for more than 12 months at a time. This provision is subject to sections 17, 20, 21 and 22E of the SCA 2007, as amended by subsections (3) to (5) of new section 5D, which allow for the extension of the electronic monitoring requirement beyond 12 months upon application. The electronic monitoring requirement can only be extended up to 12 months at a time thereafter.
282 New section 5C (1) to (3) sets out the statutory safeguards and provisions which courts must consider before imposing electronic monitoring as a condition of an SCPO. These include that the electronic monitoring requirement cannot be imposed in the absence of the person subject to the SCPO and that the consent of any additional persons must be gained if the electronic monitoring of an individual would be impractical to impose without their cooperation.
283 New section 5C (4) sets out that the court may only impose an electronic monitoring requirement in England and Wales if it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant police area (for example, the "relevant police area" has the available technology), and that the court is satisfied that the necessary provision can be made under the available arrangements to support the electronic monitoring requirement.
284 New section 5C (5) defines the "relevant police area" within England and Wales as the police area where the person resides or will reside. The relevant police area can also be the specified area where the person must remain or is prohibited from entering as part of the specific conditions set out in the SCPO.
285 A code of practice will outline the expectations, safeguards, and broad responsibilities for the collection of data gathered, retention and sharing of information on these orders. New section 5D (1) sets out the statutory requirement for the Secretary of State to issue a code of practice relating to the processing of data gathered during electronic monitoring as a condition for an SCPO.
286 New section 5D (2) stipulates that failing to act in accordance with the code of practice does not of itself make a person liable to criminal or civil proceedings.
287 New section 5D (3) to (5) introduces restrictions on the extension of electronic monitoring requirements. Specifically, courts in England and Wales are prohibited from extending such requirements by more than 12 months at a time.
288 Subsection (8) makes consequential amendments to section 89 of the SCA 2007 to apply the general provisions there in respect of the order-making powers in that Act to the new regulation-making power provided for in new section 5B.
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289 This clause introduces a new provision under the SCA 2007 for Interim Serious Crime Prevention Orders (ISCPOs). These interim orders provide the High Court with a power to impose immediate restrictions or requirements to protect the public by preventing, restricting or disrupting the person's involvement in serious crime, pending the determination of a full SCPO application. Clause 46 inserts new section 5E, "interim serious crime prevention orders" (ISCPO) into the SCA 2007.
290 New section 5E (1) (a) grants the High Court in England and Wales the authority to issue an ISCPO if (a) the application for an SCPO in relation to the individual has been made but not yet been determined.
291 New section 5E (1) (b) extends the power to issue ISCPOs to the appropriate court in Scotland and the High Court in Northern Ireland, specifically in cases that are terrorism-related (as defined in Section 8A of the SCA 2007).
292 New section 5E (2) stipulates that the court may exercise this power if the court considers it just to do so. It is a matter for the court to determine whether it is just to make an interim order. For example, the court may make an interim order in a case where it is satisfied that this is necessary for the purpose of protecting the public from immediate harm pending the determination of the application for the full SCPO.
293 New section 5E (3) allows the court to impose prohibitions, restrictions or requirements deemed appropriate by the court to protect the public by preventing, restricting or disrupting involvement by the person subject to an ISCPO in serious crime. This is the same as for a full SCPO.
294 New section 5E (4) incorporates sections 5 to 5D of the SCA 2007 ", the express power to impose electronic monitoring - in relation to ISCPOS.
295 New section 5E (5) stipulates that an ISCPO may only be made if the application for the interim order is made at the same time as or after the main application for a full SCPO.
296 New section 5E (6) and (7) defines the terms ISCPO, main application and the person who is the subject of an ISCPO.
297 New section 5F (1) permits applications for ISCPOs or their variation to be made without notice (ex parte) to the subject if notice would likely to prejudice the intended outcome of the order.
298 New section 5F (2) requires the courts to provide the subject of an 'ex parte' order an opportunity to make representations about the order as soon as reasonably practicable and at a hearing with notice of the hearing provided to the subject of the order in accordance with court rules.
299 New section 5F (3) prohibits the dismissal of an application to vary or discharge an ex parte ISCPO unless the person who makes the application has had a chance to make representations at a hearing of which notice has been given to the person in accordance with rules of court.
300 New section 8AA restricts applications for ISCPOs to the relevant application authority as defined in section 10(4) of the SCA 2007, in connection with the main application for an SCPO. Therefore, only the relevant applicant authorities can make interim SCPO applications, and they must be linked to an ongoing full SCPO case. This safeguard ensures that ISCPOs are not made in isolation but as part of the full SCPO application process.
301 New section 10A (1) specifies that the subject of an ISCPO is bound by the order (or its variation) if the subject is present or represented at the court at the time the order is made or a notice setting out the terms of the ISCPO is served on the subject (in relation to an order made without notice) as soon as reasonably practicable.
302 New section 10A (2) and (3) requires that delivery of the notice of the ISCPO must be in person unless the court permits alternative methods and served no later than 7 days after the order was made. Law enforcement agencies may enter any premises (if necessary by force) where there are reasonable grounds to believe that the person is present, so as to search for the person and serve the order.
303 New section 10A (4) stipulates that any method that the court allows can be used if personal service has not been possible.
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306 This clause replaces section 8 of the SCA 2007 (which provides a list of applicants who can apply for an SCPO and ISCPO) to extend the list of parties who may apply to the High Court in England and Wales for an interim or full SCPO.
307 Subsection (2) inserts new subsections (1) to (4) into section 8 of the SCA 2007. New section 8(1) provides the following additional applicants the power to apply directly to the High Court in England and Wales for an SCPO only if they have consulted the Director of Public Prosecutions: a. the Director General of the National Crime Agency; b. the Commissioners of His Majesty's Revenue and Customs; c. a chief officer of police; d. the Chief Constable of the British Transport Police; or e. the Chief Constable of the Ministry of Defence Police.
308 New section 8(2) and (3) maintains the current list of bodies that can apply for a SCPO to the relevant courts in Scotland and to the Crown Court in England and Wales.
309 New section 8(4) restates the current list of bodies that can apply for an SCPO to a court in Northern Ireland.
310 Subsection (3) amends section 10(4) of the SCA 2007, which provides the definition of "the relevant applicant authority", to include any other person set out in section 8(1) who applied for an order.
311 Subsection (4) amends section 27 (power to wind up companies: England and Wales) of the SCA 2007 by substituting a new Section 1A to extend the power to those persons mentioned in section 8(1)(a)(iii) to (vii) to submit a petition to the court for the winding up of a body (company, partnership, or relevant body). A petition can only be submitted if the body has been convicted of an offence by failing to comply with an SCPO as set out in section 25 of the SCA 2007 and the applicant considers it would be in the public interest for the company to be wound up. For example, the Director General of the NCA could submit an application to the court to wind up a company if the Director General considered it to be in the public interest.
312 Subsection (5) amends Schedule 2 to the SCA 2007, which provides for the functions of the applicant authorities that can make applications for orders. The amendments confer the relevant functions on the Director General of the NCA, Commissioners of HMRC and the chief constables of BTP and MDP. These functions include applying for SCPOs, or the variation or discharge of an order; appearing on applications by others for the variation or discharge of an order; having the conduct of or appearing in any other proceedings about an SCPO; providing advice about any proceedings or possible proceedings in connection with an SCPO; or anything for the purposes of, or in connection with, these functions. Special provision has to be made because functions in relation to SCPOs fall outside the usual functions of the persons concerned.
313 New paragraphs 15BB and 15BD of Schedule 2 to the SCA 2007 enable the chief constables of BTP and MDP to delegate the exercise of the specified functions to an officer of at least the rank of superintendent.
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330 This clause amends the SCA 2007 so as to extend to the Crown Court in England and Wales, the power to impose an SCPO on acquittal or when allowing an appeal.
331 Subsection (2) inserts new section 19A into the SCA 2007. New section 19A (1) sets out the circumstances in which the Crown Court may make an SCPO on acquittal or where the court allows a person's appeal against a conviction for an offence. This is when the court is a) satisfied that the person has been involved in serious crime whether in England and Wales or elsewhere and b) when the court has reasonable grounds to believe that an SCPO would protect the public by preventing, restricting, or disrupting involvement by the person in serious crime in England and Wales. This is a two-limb test: both (a) and (b) must be satisfied for the court to impose an SCPO.
332 New section 19A (2) stipulates that the Crown Court cannot impose two concurrent SCPOs or ISCPOs on a person; the court must discharge the existing Crown Court order. This mirrors the existing provision for Crown Court SCPOs on conviction in the Serious Crime Act 2007.
333 New section 19A (3) sets out that an order may contain such prohibition, restrictions, requirements or any other such terms as the court considers appropriate to disrupt involvement in serious crime within England and Wales.
334 New Section 19A (4) sets out that the powers of the court in respect of an SCPO imposed under this section are subject to the safeguards set out in section 6 to 15 of the Serious Crime Act 2007.
335 Subsections (3) to (8) make consequential amendments to the SCA 2007 to reflect the new section 19A.
336 Schedule 2 outlines the consequential amendments in the SCA 2007 for ISCPOS.
337 Section 6 of the SCA 2007 states that an individual under the age of 18 may not be the subject of a serious crime prevention order. Schedule 2, 2, amends section 6 to extend this safeguard to ISCPOS.
338 Section 7 of the SCA 2007 establishes a limitation on who can be made subject to a SCPO. Schedule 2, 3, amends section 7 of the SCA 2007 to extend this safeguard to ISCPOs.
339 Schedule 2, 4, amends section 9 of the SCA 2007 to extend the following provision to ISCPOs. Section 9 of the SCA 2007 ensures that any person likely to be significantly adversely affected by the making, variation or discharge of a SCPO is given the opportunity to present their case (make representations) in court proceedings related to that SCPO.
340 Schedule 2, 5 ", 9, amends section 11 ", 15 of the SCA 2007 to extend safeguards to ISCPOs in Sections 11 to 15 of the SCA 2007. These impose key restrictions on what a SCPO can require from individuals, ensuring certain protections and safeguards.
341 Schedule 2, 10 -12, amends sections 16 ", 18 of the SCA 2007 to extend these provisions to ISCPOS. Sections 16 to 18 of the SCA 2007 set rules for the duration, variation and discharge of SCPOs. An SCPO can last up to 5 years and may have different start and end times for its provisions (section 16). The Courts can vary an SCPO if doing so would be better protect the public. Variations of SCPOs require reasonable justification such as a change of circumstance (section 17). An SCPO can be discharged entirely, but this also requires justification and consideration of its impact on those affected (section 18).
342 Schedule 2, 13 ", 14, amends sections 20 to 21 of the SCA 2007 to extend these powers to ISCPOs. Sections 20 to 21 of the SCA 206 empower the Crown Court to make, vary or replace a SCPO upon conviction or sentencing to prevent future involvement in serious crime.
343 Schedule 2, 15 ", 19, amends sections 22-22E of the SCA 2007 to extend these powers to ISCPOs. Section 22 of the SCA 2007 outlines the interactions allowed between different types of orders. For example: the fact that a serious crime prevention order has been made or varied by the High Court does not prevent it from being varied by the Crown Court in accordance with this Part.
344 Schedule 2, 20-22, amends section 23 and 24A of the SCA 2007 to extend these powers to ISCPOS. Sections 23 and 24 of the SCA 2007 provide the right to appeal decisions relating to SCPOs made by the relevant Court.
345 Schedule 2, 23-25, amends section 27 to 28 of the SCA 2007 to extend these powers to ISCPOs. Sections 27 to 28 of the SCA 2007 provide the power to the applicant authority to petition for the winding up of companies, partnerships and bodies corporate, convicted of breaching an SCPO and provided it is in the public interest to do so.
346 Schedule 2, 26 - 28, amends section 30 to 32 of the SCA 2007 to extend these provisions to ISCPOS. Sections 30 to 32 set out how SCPOs apply to bodies corporate, partnerships, and unincorporated associations, ensuring that the orders remain in effect despite changes in the structure/personnel of these companies.
347 Schedule 2, 29, amends section 34 of the SCA 2007 to extend this provision to ISCPOs. Section 34 of the SCA 2007 limits the terms that can be included in a SCPO for service providers.
348 Schedule 2, 30-32, amends section 35 and 36A of the SCA 2007 to extend this to both SCPOS and ISCPOs. Sections 35 to 36 of the SCA 2007 establish that proceedings relating to SCPOs in both the High Court and Crown Court are civil proceedings and apply the civil standard of proof (balance of probabilities).
349 Schedule 2, 33, amends section 38 of the SCA 2007 to extend this to ISCPOs. Section 38 of the SCA 2007 states that if a person complies with the SCPO to provide information/documents, they do not breach any obligation of confidence.
350 Schedule 2, 34 - 36, amends section 39 to 41 of the SCA 2007 to extend this to ISCPOs. Sections 39 to 41 of the SCA 2007 address compliance with SCPOs, allowing law enforcement agencies to retain documents obtained under SCPOs for legal proceedings or enforcement purposes.
351 Schedule 2, 37 amends Section 43 adding ISCPO as a defined term.
352 Schedule 2, 38 creates further amendments to Schedule 2 extending SCPO functions of application authorities to ISCPOS.
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Part 4
Miscellaneous and general
Miscellaneous
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353 This clause establishes retrospective power for the charging of fees for services related to the comparability, recognition and assessment of qualifications obtained outside and within the United Kingdom. It has been determined that these fees in whole or part require, or may require, a statutory basis. This statutory basis has not been in place for a part or the whole of the period of their being charged by several government departments, currently the Home Office and the Department for Education.
354 Establishing retrospective power for these fees to be charged removes the possibility of customers requesting refunds for fees paid for services, the benefits of which they have fairly received.
355 This clause establishes that fees meeting the conditions in subsections (2)-(4) are taken to have been lawfully charged. Under subsection (6) the fees may have been charged by the Secretary of State or persons acting through arrangements with the Secretary of State, for example an external supplier under a contract.
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356 This clause sets out the financial provisions for the Bill.
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357 This clause sets out how the Secretary of State may make further provisions as a consequence of this Act, by regulation.
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358 This clause sets out how the powers to make regulations conferred on the Secretary of State will be used in practice.
359 Subsection (1) sets out that consequential amendments can be made alongside regulations under any provision in this Bill.
360 Subsection (2) explains that any regulations made using powers granted to the Secretary of State by this Bill must be made by statutory instrument.
361 Subsection (3) sets out that sections 15(3), 33(8), 44(3) and 53(1) require a draft of the instrument to be laid before and approved by both Houses of Parliament before coming into force (the affirmative resolution procedure).
362 Subsection (4) sets out that any other section is subject to annulment in pursuance of a resolution of either House of Parliament (the negative resolution procedure).
363 Subsection (5) confirms that this clause does not apply to clause 56 (commencement).
364 Subsection (6) sets out the meaning of "primary legislation".
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365 This clause sets out the extent of the provisions in this Bill.
366 Subsection (1) explains that the Bill extends to England and Wales, Scotland and Northern Ireland.
367 Subsection (2) provides that where this Bill amends or repeals other legislation, the changes will have the same extent as the legislation to which those changes are made.
368 Subsection (3) sets out the provisions which apply to the Channel Islands and the Isle of Man and British Overseas Territories.
369 Subsections (4), (5) and (6) outline where provisions can be extended to the Isle of Man.
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370 This clause explains when the provisions of the Bill will come into force.
371 Subsections (1) and (2) provide that the Secretary of State may by regulations appoint the day or days on which the provisions in this Bill will come into force, with the exception of those provisions which will come into force either when this Bill becomes an Act of Parliament or two months after that date (see subsections (3) to (5)).
372 Subsection (3) sets out which provisions of this Bill will come into force on the day this Bill becomes an Act of Parliament.
373 Subsection (4) sets out the provisions of this Bill which come into force two months after this Bill becomes an Act of Parliament.
374 Subsection (5) sets out that the Secretary of State may make transitional or saving provisions by regulations when this Bill comes into force as an Act of Parliament.
375 Subsections (6) and (7) provide that the Secretary of State may use these powers to make different provision and that this must be done by statutory instrument.
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376 This clause establishes the short title of the Bill as the Border Security, Asylum and Immigration Bill 2025.
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Schedules
Immigration advisers and immigration service providers
Introductory
Appointment of Immigration Services Commissioner
Appointment of Deputy Immigration Services Commissioner
Acting as Commissioner during vacancy etc
“Acting as Commissioner in event of vacancy etc
Interim serious crime prevention orders: consequential amendments
Serious Crime Act 2007
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No amendments available.