Border Security, Asylum and Immigration Bill 2024-26 Amendments

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Page 1

Part 1

Border security

Chapter 1

The Border Security Commander

The Border Security Commander

(1)

The Secretary of State must designate a civil servant as the Border Security

Commander (“the Commander”).

(2)

The Commander is to carry out the functions of that office on behalf of the

Crown.

(3)

Service as the Commander is service in the civil service of the State.

(4)

The Secretary of State must make arrangements for the provision to the

Commander by civil servants or other persons (or both) of such assistance as

the Secretary of State considers appropriate.

Terms and conditions of designation etc

(1)

The Commander is to hold and vacate office in accordance with the terms

and conditions of the Commander’s designation, subject to subsections (3) to

(5) .

Page 2

(2)

The terms and conditions of a designation as Commander are to be determined

by the Secretary of State.

(3)

In addition to any terms and conditions about termination determined under

subsection (2) , the Secretary of State may terminate a person’s designation as

the Commander—

(a)

in the interests of efficiency or effectiveness,

(b)

because of misconduct by the Commander, or

(c)

because of failure by the Commander to comply with the terms and

conditions of the designation.

(4)

Before terminating a person’s designation as the Commander, the Secretary

of State must—

(a)

give the Commander a written explanation of the reasons why the

Secretary of State is proposing to do so,

(b)

give the Commander the opportunity to make written representations

about the proposal to do so, and

(c)

consider any written representations made by the Commander.

(5)

If, having complied with subsection (4) , the Secretary of State determines that

a person’s designation as Commander should be terminated, the Secretary

of State may terminate that designation—

(a)

with immediate effect, or

(b)

on such date or at the end of such period as the Secretary of State

may determine.

Functions of the Commander

(1)

In exercising the Commander’s functions, the Commander must 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.

(2)

The Commander must from time to time issue a document (a “strategic priority

document”) which sets out what, in the Commander’s view, are—

(a)

the principal threats to border security when the document is issued,

and

(b)

the strategic priorities to which partner authorities should have regard

in exercising their functions in relation to any of the threats identified

under paragraph (a) .

(3)

A partner authority must have regard to the strategic priority document in

exercising its functions in relation to threats to border security.

(4)

Before issuing a strategic priority document the Commander must—

(a)

consult the Board at a meeting of the Board, and

(b)

obtain the consent of the Secretary of State to issue the document.

Page 3

(5)

In this Chapter—

“border security” means the security of the United Kingdom’s borders;

“partner authority” means, subject to subsection (6) and section 10 , a

public authority with functions in relation to threats to border security

(whether exercisable in the United Kingdom or elsewhere);

“public authority” means a person with functions of a public nature.

(6)

The following are not partner authorities for the purposes of this Chapter—

(a)

the Security Service;

(b)

the Secret Intelligence Service;

(c)

GCHQ.

(7)

For the purposes of this Chapter (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) .

(8)

Those circumstances are where such passage or conveyance, or the organisation

of or preparation for such passage or conveyance—

(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.

(9)

For the purposes of this Chapter, threats to border security do not include

threats relating to a customs revenue matter within the meaning of Part 1 of

the Borders, Citizenship and Immigration Act 2009 (see section 7(2) of that

Act).

Duty to prepare annual reports

(1)

As soon as reasonably practicable after the end of each financial year, the

Commander must prepare an annual report for the financial year.

(2)

The annual report must—

(a)

state how the Commander has carried out the functions of the

Commander in the financial year, and

(b)

set out the Commander’s views on the performance in the financial

year of the border security system, with particular reference to any

strategic priorities specified by the Commander in relation to that year

under section 3 (2) (b) .

(3)

The Commander must send a copy of the report to the Secretary of State.

(4)

The Secretary of State must—

(a)

lay a copy of the report before Parliament, and

Page 4

(b)

arrange for it to be published.

(5)

In this section—

“the border security system” means the systems and processes for

minimising threats to border security;

“financial year” means—

(a)

the period beginning on the day on which this section comes

into force and ending on the following 31 March, and

(b)

each successive period of 12 months.

Duties of cooperation etc

(1)

A partner authority must, so far as appropriate and reasonably practicable,

cooperate with the Commander in the carrying out of the Commander’s

functions.

(2)

The duty under subsection (1) extends only so far as the cooperation is

compatible with the exercise of the partner authority’s other functions.

(3)

The Commander and a person to whom this subsection applies must put in

place arrangements governing cooperation between the Commander and that

person in support of the Commander’s functions.

(4)

Subsection (3) applies to—

(a)

the Director-General of the Security Service,

(b)

the Chief of the Secret Intelligence Service, and

(c)

the Director of GCHQ.

The Board

(1)

The Commander must establish and maintain a board to assist the Commander

in the exercise of the Commander’s functions.

(2)

That board—

(a)

is to operate under such name as is specified from time to time by

the Commander, but

(b)

is referred to in this Chapter as “the Board”.

(3)

The members of the Board are to be—

(a)

the Commander, who is to be the chair of the Board, and

(b)

one or more representatives nominated by each relevant partner

authority.

(4)

In subsection (3) (b) “relevant partner authority” means a partner authority

which the Commander has for the time being determined should nominate

one or more representatives to the Board.

(5)

The Commander may invite any public authority other than a partner

authority to nominate one or more representatives of that authority to attend

a particular meeting of the Board.

Page 5

(6)

The Commander must hold meetings of the Board at such intervals as the

Commander thinks appropriate.

(7)

Where a person is required by virtue of this section 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.

Delegation by the Commander

(1)

The functions conferred on the Commander by this Chapter may be exercised

by any civil servant authorised by the Commander for that purpose.

(2)

An authorisation given for the purposes of this section may provide that a

function may be exercised—

(a)

wholly or to a limited extent;

(b)

generally or in particular cases or areas;

(c)

unconditionally or subject to conditions.

(3)

An authorisation given for the purposes of this section—

(a)

may specify its duration,

(b)

may specify or describe the person authorised,

(c)

may be varied or revoked at any time by the Commander, and

(d)

does not prevent the Commander from exercising the function to

which the authorisation relates.

(4)

Anything done or omitted to be done by or in relation to a person authorised

under this section in, or in connection with, the exercise or purported exercise

of the function concerned is to be treated for all purposes as done or omitted

to be done by or in relation to the Commander.

Designation of an Interim Border Security Commander

(1)

This section applies 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 a 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.

(2)

The Secretary of State may designate a civil servant as the Interim Border

Security Commander to exercise the functions of the Commander under this

Chapter for such period as the Secretary of State thinks appropriate.

Page 6

(3)

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.

(4)

While a designation under this section has effect, references in this Chapter

(other than in this section) or in any other enactment or instrument to the

Commander include a reference to the Interim Border Security Commander.

(5)

An individual is not prevented from being designated as the Commander

merely because they have previously been designated as the Interim Border

Security Commander.

Directions and guidance by the Secretary of State

(1)

The Commander must comply with directions given by the Secretary of State

about the exercise of the Commander’s functions under this Chapter.

(2)

The Commander must have regard to guidance issued by the Secretary of

State about the exercise of those functions.

(3)

Directions and guidance under this section may be revised or withdrawn

from time to time.

Exclusion of application to the armed forces

This Chapter does not apply in relation to the naval, military or air forces of

the Crown (including reserve forces); and references in this Chapter to the

functions of the Commander or to partner authorities are to be read

accordingly.

Amendment of Schedule 7 to the Data Protection Act 2018

In Schedule 7 to the Data Protection Act 2018 (competent authorities for the

purposes of Part 3), after paragraph 56 insert—

“57

The Border Security Commander.”

Interpretation

In this Chapter—

“the Board” has the meaning given by section 6 (2) (b) ;

“border security” has the meaning given by section 3 (5) ;

“civil servant” means an individual who is employed in the civil service

of the State;

“the Commander” means the Border Security Commander;

“GCHQ” has the same meaning as in the Intelligence Services Act 1994

(see section 3(3) of that Act);

“partner authority” has the meaning given by section 3 (5) ;

“public authority” has the meaning given by section 3 (5) ;

Page 7

“threats to border security” is to be constructed in accordance with section

3 (7) to (9) .

Chapter 2

Other border security provision

Offences relating to articles or information for use in immigration crime

Supplying articles for use in immigration crime

(1)

A person (“P”) commits an offence if—

(a)

P supplies or offers to supply a relevant article to another person, and

(b)

at the time P does so, P knows or suspects that the relevant article is

to be used by any person in connection with an offence under section

24 or 25 of the Immigration Act 1971 (illegal entry etc and assisting

unlawful immigration).

(2)

It is a defence for a person charged with an offence under this section to

show that they had a reasonable excuse for the action mentioned in subsection

(1) .

(3)

The cases in which a person has a reasonable excuse for the purposes of

subsection (2) include (but are not limited to) those in which—

(a)

their action was for the purposes of carrying out a rescue of a person

from danger or serious harm, or

(b)

they were acting on behalf of an organisation which—

(i)

aims to assist asylum-seekers, and

(ii)

does not charge for its services.

(4)

A person is regarded as having shown that they had a reasonable excuse for

their action if—

(a)

sufficient evidence of that matter is adduced to raise an issue with

respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(5)

A person who commits an offence under this section is liable on conviction

on indictment to imprisonment for a term not exceeding 14 years.

(6)

In this section and sections 14 and 16 “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—

(a)

the Refugee Convention (within the meaning given by section 167(1)

of the Immigration and Asylum Act 1999), or

(b)

the Human Rights Convention (within the meaning given by that

section).

Page 8

Handling articles for use in immigration crime

(1)

A person (“P”) commits an offence if, in the circumstances mentioned in

subsection (2) —

(a)

P receives or arranges to receive a relevant article from another person,

(b)

P removes or disposes of a relevant article for the benefit of another

person, or

(c)

P assists another person to remove or dispose of a relevant article.

(2)

Those circumstances are where, at the time P does the act mentioned in

subsection (1) , P knows or suspects that the relevant article has been, is being,

or is to be used by P or any other person in connection with an offence under

section 24 or 25 of the Immigration Act 1971.

(3)

It is a defence for a person charged with an offence under this section to

show that they had a reasonable excuse for the action mentioned in subsection

(1) .

(4)

The cases in which a person has a reasonable excuse for the purposes of

subsection (3) include (but are not limited to) those in which—

(a)

their action was for the purposes of carrying out a rescue of a person

from danger or serious harm, or

(b)

they were acting on behalf of an organisation which—

(i)

aims to assist asylum-seekers, and

(ii)

does not charge for its services.

(5)

A person is regarded as having shown that they had a reasonable excuse for

their action if—

(a)

sufficient evidence of that matter is adduced to raise an issue with

respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(6)

A person who commits an offence under this section is liable on conviction

on indictment to imprisonment for a term not exceeding 14 years.

Sections

(1)

In sections 13 and 14 “relevant article” means any thing or substance, other

than—

(a)

food or drink,

(b)

anything designed for use in connection with the preparation, supply,

consumption or storage of food or drink,

(c)

a medicinal product or medical equipment,

(d)

clothing,

(e)

bedding,

(f)

a tent or other form of temporary shelter,

(g)

anything designed solely or principally to preserve the life of a person

in distress at sea, or

Page 9

(h)

anything designed solely or principally to enable a person in distress

at sea to signal for help.

(2)

In subsection (1) , paragraphs (f) and (g) do not include a vessel designed to

be used for transportation by water.

(3)

The Secretary of State may by regulations amend this section so as to—

(a)

add to the list of things and substances for the time being specified

in subsection (1) as things and substances which are not relevant

articles;

(b)

make provision which is consequential on provision made under

paragraph (a) .

Collecting information for use in immigration crime

(1)

A person (“P”) commits an offence if, in the circumstances mentioned in

subsection (2) —

(a)

P collects or makes a record of information of a kind likely to be useful

to a person organising or preparing for a relevant journey or part of

such a journey,

(b)

P possesses a document or record containing information of that kind,

(c)

P views, or otherwise accesses, by means of the internet a document

or record containing information of that kind.

(2)

Those circumstances are where there is a reasonable suspicion that the record

or document, or any information contained in it, will be used by P or any

other person in organising or preparing for a relevant journey or part of such

a journey.

(3)

The cases in which P collects or makes a record for the purposes of subsection

(1) (a) include (but are not limited to) those in which P does so by means of

the internet (whether by downloading the record or otherwise).

(4)

For the purposes of this section 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.

(5)

In this section “relevant journey” means a journey involving the transportation

of one or more individuals from any place outside the United Kingdom to

any place within the United Kingdom, where the entry of any of those

individuals into the United Kingdom, or the arrival of any of those individuals

in the United Kingdom, would constitute an offence under section 24 of the

Immigration Act 1971.

(6)

It is 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.

Page 10

(7)

It is a defence for a person charged with an offence under this section to

show that they had a reasonable excuse for the action or possession mentioned

in subsection (1) .

(8)

The cases in which a person has a reasonable excuse for the purposes of

subsection (7) include (but are not limited to) those in which—

(a)

at the time of the person's action or possession the person did not

know, and had no reason to believe, that the document or record in

question contained, or 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,

(b)

the person’s action or possession was for the purposes of—

(i)

organising or preparing for a journey other than a relevant

journey,

(ii)

carrying out work as a journalist,

(iii)

academic research,

(iv)

carrying out, or preparing for the carrying out of, a rescue of

a person from danger or serious harm, or

(v)

providing, or preparing for the provision of, medical care or

emergency shelter or supplies, or

(c)

the person was acting on behalf of an organisation which—

(i)

aims to assist asylum-seekers, and

(ii)

does not charge for its services.

(9)

Where, in accordance with subsection (6) or (7) , it is a defence for a person

charged with an offence to show a particular matter, they are regarded as

having shown the matter if—

(a)

sufficient evidence of that matter is adduced to raise an issue with

respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(10)

A person who commits an offence under this section is liable on conviction

on indictment to imprisonment for a term not exceeding 5 years.

(11)

In this section “record” includes a photographic or electronic record.

Offences committed outside the United Kingdom

(1)

Section 13 (1) , 14 (1) or 16 (1) applies to things done inside or outside the United

Kingdom, regardless of the nationality of the person by whom they are done.

(2)

Where an offence under section 13 , 14 or 16 is committed outside the United

Kingdom—

(a)

proceedings for the offence may be taken at any place in the United

Kingdom, and

(b)

the offence may for all incidental purposes be treated as having been

committed at any such place.

Page 11

(3)

In the application of subsection (2) to Scotland, any such proceedings against

a person may be taken—

(a)

in any sheriff court district in which the person is apprehended or is

in custody, or

(b)

in such sheriff court district as the Lord Advocate may determine.

(4)

For the purposes of subsection (3) , “sheriff court district” is to be read in

accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1)

of that Act).

(5)

Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary

of State for certain prosecutions) does not apply to proceedings for an offence

under section 13 , 14 or 16 .

Endangering another during sea crossing to United Kingdom

Endangering another during sea crossing to United Kingdom

(1)

Section 24 of the Immigration Act 1971 (illegal entry and similar offences) is

amended in accordance with subsections (2) to (8) .

(2)

After subsection (E1) insert—

“(E1A)

A person commits an offence under this subsection if—

(a)

the person commits an offence under subsection (A1), (B1),

(D1) or (E1),

(b)

the person’s journey which resulted in their entry into, or

arrival in, the United Kingdom as mentioned in subsection

(A1), (B1), (D1) or (E1) (as the case may be) was a journey by

water from France, Belgium or the Netherlands, and

(c)

at any time during the relevant period, the person did an act

that caused, or created a risk of, the death of, or serious

personal injury to, another person.

(E1B)

For the purposes of subsection (E1A) (c) and this subsection—

(a)

“personal injury” means physical or psychological injury;

(b)

“the relevant period” means the period—

(i)

beginning when the person first left dry land in France,

Belgium or the Netherlands for the purpose of making

the journey, and

(ii)

ending when the person first reached dry land in the

United Kingdom;

(c)

land is to be regarded as “dry land” at any particular time if

it is not covered by water at that time.”

(3)

In subsection (F1)—

(a)

in the words before paragraph (a), for “(E1)” substitute “ (E1A) ”;

Page 12

(b)

in paragraph (d), after sub-paragraph (ii) insert—

“(iii)

for an offence under subsection (E1A) committed

in connection with an offence under subsection

(A1), to imprisonment for a term not exceeding

six years or a fine (or both);

(iv)

for an offence under subsection (E1A) committed

in connection with an offence under subsection

(B1), (D1) or (E1), to imprisonment for a term

not exceeding five years or a fine (or both).”

(4)

In subsection (3), after “(E1)” insert “, (E1A) ”.

(5)

In subsection (4), for “under subsection (B1) above of” substitute “under

subsection (B1) or (E1A) in relation to”.

(6)

In subsection (5), for “under subsection (D1) above of” substitute “under

subsection (D1) or (E1A) in relation to”.

(7)

After subsection (5) insert—

“(6)

Subsection (E1A) applies to acts carried out inside or outside the

United Kingdom.”

(8)

After subsection (6) (as inserted by subsection (7) ) insert—

“(7)

If, on the trial of a person charged with an offence under subsection

(E1A) in connection with the commission of an offence under

subsection (A1), (B1), (D1) or (E1), a magistrates’ court, sheriff or jury

finds the person not guilty of the offence charged, the magistrates’

court, sheriff or jury may find the person guilty of an offence under

subsection (A1), (B1), (D1) or (E1) as the case may be.”

(9)

In the Immigration Act 1971—

(a)

in section 28B(5) (search and arrest by warrant), after “(E1)” insert “,

(E1A) ”;

(b)

in section 28D(4) (entry and search of premises), after “(E1)” insert “,

(E1A) ”;

(c)

in section 28Q(1) (interpretation of Part 3A), in paragraph (a) of the

definition of “relevant offence”, for “or (E1),” substitute “, (E1) or

(E1A) ,”.

(10)

In the Nationality, Immigration and Asylum Act 2002—

(a)

in section 129(1) (duty on local authority to disclose information on

suspected immigration offences), in paragraph (a), after “(E1)” insert

“, (E1A) ”;

(b)

in section 134(1) (duty on employer to disclose information on

suspected immigration offences), in paragraph (a), after “(E1)” insert

“, (E1A) ”.

Page 13

Powers of search etc in relation to electronic devices

Meaning of key expressions

(1)

This section defines key expressions used in this section and sections 20 to

23 .

(2)

“Relevant person” means a person who—

(a)

has entered or arrived in the United Kingdom as mentioned in

subsection (3) (whether before or after this section comes into force),

and

(b)

has not subsequently been given leave to enter or remain in the United

Kingdom.

(3)

A person has entered or arrived in the United Kingdom as mentioned in this

subsection if the person—

(a)

requires leave to enter the United Kingdom but has entered the United

Kingdom without such leave,

(b)

has entered the United Kingdom in breach of a deportation order,

(c)

requires entry clearance under the immigration rules but has arrived

in the United Kingdom without a valid entry clearance, or

(d)

is required under the immigration rules not to travel to the United

Kingdom without an electronic travel authorisation that is valid for

the person’s journey to the United Kingdom, but has arrived in the

United Kingdom without such an electronic travel authorisation.

(4)

“Relevant article” means any thing which appears to an 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.

(5)

Section 11(1) of the Immigration Act 1971 (person deemed not to enter United

Kingdom before disembarkation, while in controlled area or while under

immigration control) applies for the purposes of this section as it applies for

the purposes of that Act.

(6)

“Authorised officer” means—

(a)

an immigration officer, or

(b)

a constable of a police force maintained by a local policing body,

(and see also section 25 ).

(7)

For the meaning of other expressions used in this section, see section 26 .

Powers of authorised officers to search for relevant articles

(1)

An authorised officer may search a relevant person for any relevant article

if the officer has reasonable grounds to suspect that the relevant person is in

possession of a relevant article.

Page 14

(2)

An authorised officer may search a person under subsection (1) only if the

person has not previously been searched under that subsection since the

person’s entry or arrival as mentioned in section 19 (3) .

(3)

The power of an authorised officer to search a person under subsection (1) —

(a)

authorises the search of the person’s mouth, and

(b)

authorises the officer to require the person to remove an outer coat,

jacket or glove (but no other clothing).

(4)

An authorised officer may search property for any relevant article if the officer

has reasonable grounds to suspect that the property—

(a)

is or has been in the possession of a relevant person, and

(b)

contains or includes a relevant article.

(5)

An authorised officer may search premises for any relevant article if—

(a)

the officer is lawfully on the premises,

(b)

the officer has reasonable grounds to suspect that a relevant article

that is or has been in the possession of a relevant person is on the

premises, and

(c)

the relevant person was on the premises when, or immediately before,

an authorised officer encountered the person.

(6)

An authorised officer may search a vehicle or container for any relevant article

if—

(a)

the officer has reasonable grounds to suspect that a relevant article

that is or has been in the possession of a relevant person is in the

vehicle or container, and

(b)

either—

(i)

the officer has reasonable grounds to suspect that the relevant

person was in the vehicle or container at the time of their

arrival in the United Kingdom or at any time during a journey

which ended with their arrival in the United Kingdom, or

(ii)

the relevant person was in the vehicle or container when, or

immediately before, an authorised officer encountered the

person.

(7)

A constable may exercise a power to search under this section only if the

search is authorised by a police officer of at least the rank of superintendent.

(8)

A constable may use reasonable force, if necessary, in the exercise of a power

under this section.

Powers to seize and retain relevant articles

(1)

An authorised officer may seize any relevant article that—

(a)

is found on a search carried out under section 20 , or

(b)

is not found on a search but appears to the officer to be, or to have

been, in the possession of a relevant person.

Page 15

(2)

A constable may seize a relevant article under subsection (1) only if the seizure

of the article is authorised by a police officer of at least the rank of

superintendent.

(3)

A constable may use reasonable force, if necessary, in the exercise of a power

under subsection (1) .

(4)

A relevant article seized by a constable under subsection (1) may be given

by a constable to an immigration officer or the Secretary of State.

(5)

A relevant article seized under subsection (1) or given under subsection (4) —

(a)

may be retained by an authorised officer or the Secretary of State for

so long as the authorised officer or the Secretary of State considers its

retention necessary—

(i)

for the purposes of accessing, examining or copying information

stored on the article as mentioned in section 23 , or

(ii)

for use in proceedings for an offence;

(b)

must, subject to subsections (4) and (7) and section 22 , be returned

when paragraph (a) ceases to apply in relation to it.

(6)

A relevant article which must be returned in accordance with subsection (5) (b)

must be returned—

(a)

to the person from whom it was seized, or

(b)

if there is no such person, to the person who an authorised officer

reasonably believes was last in possession of the article before it was

seized.

(7)

Subsection (8) or (9) applies (as the case may be) to a relevant article to which

subsection (5) (a) ceases to apply if—

(a)

there is no person to whom it can be returned in accordance with

subsection (6) , and

(b)

it is not required to be dealt with in accordance with section 22 .

(8)

If the relevant article is in the possession of an immigration officer or the

Secretary of State, it must be disposed of in accordance with section 26 of the

UK Borders Act 2007 and any regulations made under that section.

(9)

If the relevant article is in the possession of a constable, it must be disposed

of in accordance with the Police (Property) Act 1897, and any regulations

under section 2 of that Act, as if it were property that has come into the

possession of the constable in connection with the investigation of a suspected

offence.

Duty to pass on items seized under section

(1)

This section applies if—

(a)

an immigration officer retains a relevant article under section 21 (5) (a) ,

and

(b)

the immigration officer reasonably believes that the article or

information stored on it has been obtained in consequence of the

Page 16

commission of, or is evidence in relation to, an offence other than an

immigration offence (a “relevant offence”).

(2)

Subject to subsection (3) , the immigration officer must, as soon as is reasonably

practicable after forming the belief mentioned in subsection (1) (b) , notify a

person who the immigration officer thinks has functions in relation to the

investigation of the relevant offence.

(3)

If the immigration officer reasonably believes that the relevant article or

information stored on it has also been obtained in consequence of the

commission of, or is evidence in relation to, an immigration offence—

(a)

subsection (2) does not apply, and

(b)

the immigration officer may notify a person who the immigration

officer thinks has functions in relation to the investigation of the

relevant offence.

(4)

A person notified under this section that a relevant article is being retained

by an immigration officer must, as soon as is reasonably practicable after

being so notified, inform the immigration officer whether the person will

accept the article.

(5)

The person may inform the immigration officer that the person will not accept

the relevant article only if—

(a)

the person does not think the article or information stored on it has

been obtained in consequence of the commission of, or is evidence in

relation to, an offence,

(b)

the person does not have functions in relation to the investigation of

the relevant offence, or

(c)

the person thinks that it would be more appropriate for the relevant

offence to be investigated by another person with such functions.

(6)

If the person informs the immigration officer that the person will accept the

relevant article, the immigration officer must give it to the person as soon as

is reasonably practicable.

(7)

Once the relevant article has been given as mentioned in subsection (6) , any

provision of an enactment which applies to items seized or taken away by

the person applies to the article as if it had been seized or taken away by the

person for the purposes of the investigation of the relevant offence.

(8)

If the person informs the immigration officer that the person will not accept

the relevant article because subsection (5) (a) applies, the immigration officer

must, as soon as is reasonably practicable, decide whether to continue to

retain the relevant article under section 21 (5) .

(9)

If the person informs the immigration officer that the person will not accept

the relevant article because subsection (5) (b) or (c) applies, the immigration

officer must, as soon as is reasonably practicable—

(a)

notify another person (if any) who the immigration officer thinks has

functions in relation to the investigation of the relevant offence that

the article is being retained by an immigration officer, or

Page 17

(b)

if there is no such person, decide whether to continue to retain the

relevant article under section 21 (5) .

(10)

Where a relevant article to which this section applies or information stored

on such an article has been obtained in consequence of the commission of,

or is evidence in relation to, more than one offence other than an immigration

offence, references in this section to the relevant offence are to any of those

offences.

(11)

A function conferred or imposed by this section on an immigration officer

may be exercised by any other immigration officer.

(12)

This section applies to a relevant article retained under section 21 (5) (a) by

the Secretary of State as it applies to a relevant article retained under that

provision by an immigration officer.

(13)

In the application of this section by virtue of subsection (12) , references to an

immigration officer (other than in subsection (11) ) are to be read as references

to the Secretary of State.

(14)

In this section—

“enactment” includes—

(a)

an enactment contained in subordinate legislation within the

meaning of the Interpretation Act 1978,

(b)

an enactment contained in, or in an instrument made under,

an Act of the Scottish Parliament,

(c)

an enactment contained in, or in an instrument made under,

a Measure or Act of Senedd Cymru, and

(d)

an enactment contained in, or in an instrument made under,

Northern Ireland legislation;

“immigration offence” means an offence which relates to an immigration

or nationality matter.

Powers to access, copy and use information stored on relevant articles

(1)

An authorised officer or the Secretary of State may—

(a)

access and examine any information stored on a relevant article that

is retained under section 21 (5) (a) ;

(b)

copy and retain any information stored on the relevant article 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;

(c)

use any information retained under paragraph (b) for a purpose

relating to the prevention, detection, investigation or prosecution of

such an offence.

(2)

A constable may access, examine, copy, retain or use information under

subsection (1) only if the accessing, examination, copying, retention or use of

the information is authorised by a police officer of at least the rank of

superintendent.

Page 18

Amendment of the Criminal Justice and Police Act 2001

(1)

The Criminal Justice and Police Act 2001 is amended as follows.

(2)

In section 57(1) (retention of seized items), after paragraph (v) insert—

“(w)

section 21 (5) to (9) of the Border Security, Asylum and

Immigration Act 2025.”

(3)

In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act

applies), after paragraph 73W insert—

“Border Security, Asylum and Immigration Act 2025

73X

The power of seizure conferred by section 21 (1) of the Border

Security, Asylum and Immigration Act 2025.”

(4)

In Part 2 of Schedule 1 (powers of seizure to which section 51 of the Act

applies), after paragraph 83B insert—

“Border Security, Asylum and Immigration Act 2025

83C

The power of seizure conferred by section 21 (1) of the Border

Security, Asylum and Immigration Act 2025.”

(5)

In Part 3 of Schedule 1 (powers of seizure to which section 55 of the Act

applies), after paragraph 114 insert—

“Border Security, Asylum and Immigration Act 2025

115

The power of seizure conferred by section 21 (1) of the Border

Security, Asylum and Immigration Act 2025.”

Extension of powers to other persons

(1)

The Secretary of State may by regulations provide—

(a)

that a reference to an authorised officer or an immigration officer in

section 19 , 20 , 21 or 22 includes a person of a description specified in

the regulations;

(b)

that a person of a description so specified may, if necessary, use

reasonable force in the exercise of any function conferred by virtue of

the regulations.

(2)

The descriptions of person that may be specified in the regulations include

persons designated by the Secretary of State in accordance with the regulations.

(3)

Where persons are designated by the Secretary of State as mentioned in

subsection (2) the regulations must contain such safeguards relating to the

designation as the Secretary of State considers appropriate.

Meaning of other expressions

In sections 19 to 23 and this section—

Page 19

“container” has the meaning given by section 1 of the Customs and

Excise Management Act 1979;

“deportation order” means an order under section 5 of the Immigration

Act 1971;

“electronic travel authorisation” means an authorisation in electronic

form to travel to the United Kingdom;

“entry clearance” has the meaning given by section 33(1) of the

Immigration Act 1971;

“immigration officer” means a person appointed by the Secretary of State

as an immigration officer under paragraph 1 of Schedule 2 to the

Immigration Act 1971;

“immigration rules” means rules under section 3(2) of the Immigration

Act 1971;

“premises” includes any place and in particular includes any tent or

movable structure;

“ship” has the meaning given by section 28Q of the Immigration Act

1971;

“vehicle” includes—

(a)

any ship, train (including any locomotive and railway rolling

stock of any description), aircraft or bicycle, and

(b)

anything designed or adapted for being towed by a vehicle.

Sharing of information

Supply of customs information by HMRC

(1)

HMRC, or anyone acting on HMRC’s behalf, may supply information held

by them in connection with HMRC’s customs functions to a person listed in

subsection (3) for use for the purposes of that person’s functions.

(2)

In this section “HMRC's customs functions” means HMRC's functions in their

capacity as a customs service and 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.

(3)

The persons mentioned in subsection (1) are—

(a)

a Minister of the Crown or a government department,

(b)

an immigration officer,

(c)

a designated customs official,

(d)

the Director of Border Revenue,

(e)

the Border Security Commander,

(f)

a UK authorised person,

(g)

the government of a country or territory outside the United Kingdom,

Page 20

(h)

a person in a country or territory outside the United Kingdom with

public functions relating to—

(i)

the movement of goods or cash into or out of that country or

territory, or

(ii)

the imposition, enforcement or other regulation of any tax or

duty relating to such movement of goods, and

(i)

an international organisation to which this subsection applies.

(4)

Subsection (3) applies to an international organisation if—

(a)

it has functions relating to the movement of goods or cash across

international borders, or

(b)

an international arrangement makes provision for cooperation between

HMRC and the international organisation.

(5)

In this section—

“cash” means—

(a)

notes and coins in any currency, and

(b)

any bearer-negotiable or other monetary instrument;

“goods” has the same meaning as in the Customs and Excise Management

Act 1979 (see section 1 of that Act);

“government department” includes—

(a)

a part of the Scottish Administration,

(b)

a Northern Ireland department,

(c)

the Welsh Government, and

(d)

a body or authority exercising statutory functions on behalf of

the Crown;

“international arrangement” means 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;

“international organisation” has the same meaning as in the Data

Protection Act 2018 (see section 205(1) of that Act);

“Minister of the Crown” has the same meaning as in the Ministers of

the Crown Act 1975 (see section 8(1) of that Act).

Use and disclosure of information supplied under section

(1)

Subject to the following provisions of this section, a person who receives

information under section 27 (1) —

(a)

may use it only for the purposes for which it was supplied, and

(b)

may not further disclose it without the consent of the Commissioners

for His Majesty’s Revenue and Customs (which may be general or

specific).

Page 21

(2)

Information supplied under subsection (1) of section 27 to a person within

subsection (3) (a) to (f) of that section for use for the purposes of particular

functions of that person may be used by them for the purposes of any of

their other functions.

(3)

A person to whom this subsection applies may supply information received

under section 27 (1) to another person (“B”) to whom this subsection applies

for use for the purposes of any of B’s functions.

(4)

Subsection (3) applies to—

(a)

the Secretary of State for the Home Department, and

(b)

a person within subsection (3) (b) to (e) of section 27 .

(5)

If at any time the Secretary of State by whom general customs functions are

exercisable is not the Secretary of State for the Home Department, subsection

(4) is to be read at that time as if it included a reference to the Secretary of

State by whom general customs functions are exercisable.

(6)

Information that has been supplied under section 27 (1) or subsection (3) of

this section to a person mentioned in section 27 (3) (b) to (e) is to be treated

for the purposes of subsections (7) to (10) of this section as also having been

supplied to that person under section 27 (1) in their capacity as an official of

the Secretary of State.

(7)

A person within subsection (3) (a) or (f) of section 27 may, to the extent that

this is not otherwise permitted by subsection (3) of this section, supply

information received under subsection (1) of section 27 to a person within

subsection (3) (a) to (f) of that section for use for any of the following

purposes—

(a)

any purpose for which the information was supplied under subsection

(1) of that section;

(b)

immigration purposes;

(c)

the purposes of exercising a customs function;

(d)

the law enforcement purposes;

(e)

human welfare purposes;

(f)

safeguarding national security;

(g)

purposes connected with—

(i)

a criminal investigation, or

(ii)

civil or criminal proceedings,

(including investigations and proceedings outside the United Kingdom).

(8)

The Secretary of State by whom immigration and nationality functions are

exercisable may supply information received under section 27 (1) to any person

(whether or not within the United Kingdom) for use for any of the following

purposes—

(a)

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

(b)

purposes connected with—

(i)

a criminal investigation relating to an immigration or nationality

matter, or

Page 22

(ii)

civil or criminal proceedings relating to such a matter,

(including investigations and proceedings outside the United Kingdom).

(9)

The Secretary of State by whom general customs functions are exercisable

may supply information received under section 27 (1) to any person (whether

or not within the United Kingdom) for use for purposes connected with—

(a)

a criminal investigation, or

(b)

civil or criminal proceedings relating to a customs function,

(including investigations and proceedings outside the United Kingdom).

(10)

A person who receives information under or by virtue of—

(a)

section 27 (1) ,

(b)

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

(c)

section 29 (3) or (4) (b) ,

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

(11)

This section does not prevent the disclosure of information to HMRC.

(12)

This section is subject to section 29 .

(13)

In this section—

“immigration and nationality functions” has the meaning given by section

40(4) of the UK Borders Act 2007;

“immigration or nationality matter” means a matter in respect of which

the Secretary of State has immigration and nationality functions.

Further provision about use and disclosure of information under section

(1)

Section 28 (2) , (7) , (8) or (9) does not apply if the use or supply of the

information would breach any restrictions imposed by HMRC, or a person

acting on HMRC’s behalf, when the information was supplied under section

27 (1) .

(2)

A person who receives information under or by virtue of subsection (1) (b) ,

(7) , (8) or (9) of section 28 or by virtue of subsection (3) or (4) (b) of this section

may use it only for the purposes for which it was supplied.

(3)

A person who receives information under or by virtue of subsection (1) (b) ,

(7) , (8) or (9) of section 28 or by virtue of this subsection may not further

disclose it without the consent of the Commissioners for His Majesty’s Revenue

and Customs (which may be general or specific).

(4)

A person who receives information under subsection (3) of section 28 or by

virtue of this subsection may not further disclose it—

(a)

in the case only of information received under subsection (3) of section

28 , except as permitted by subsection (3) , (7) , (8) , (9) or (10) of that

section;

(b)

without the consent of the Commissioners for His Majesty’s Revenue

and Customs (which may be general or specific).

Page 23

(5)

A person who supplies information in reliance on subsection (1) (b) , (7) , (8)

or (9) of section 28 or subsection (3) or (4) (b) of this section must notify the

recipient of the limitations and prohibitions that apply to the information by

virtue of this section.

(6)

Subsection (7) applies if—

(a)

a person discloses information in contravention of subsection (1) (b) of

section 28 or subsection (3) or (4) (b) of this section, and

(b)

the information relates to a person whose identity is specified in, or

can be deduced from, the disclosure.

(7)

Section 19 of the Commissioners for Revenue and Customs Act 2005 (offence

of wrongful disclosure) applies in relation to the disclosure as it applies in

relation to a disclosure in contravention of section 20(9) of that Act.

(8)

This section does not prevent the disclosure of information to HMRC.

Supply of trailer registration information

(1)

The Secretary of State for Transport may supply trailer registration information

in accordance with subsections (3) to (8) .

(2)

“Trailer registration information” means any information held by the Secretary

of State for Transport under Part 2 of the Haulage Permits and Trailer

Registration Act 2018.

(3)

The information may be supplied to the Secretary of State for the Home

Department for use in connection with any of the following purposes—

(a)

immigration purposes;

(b)

the law enforcement purposes;

(c)

human welfare purposes;

(d)

purposes connected with the exercise of functions under the Proceeds

of Crime Act 2002;

(e)

safeguarding national security;

(f)

responding to an emergency.

(4)

The information may be supplied to the Secretary of State by whom general

customs functions are exercisable for use in connection with a customs function

exercisable by the Secretary of State.

(5)

The information may be supplied to the National Crime Agency for use in

connection with any NCA functions.

(6)

The information may be supplied to HMRC for use in connection with any

HMRC functions.

(7)

The information may be supplied to a UK authorised person or a UK

authorising officer for use in connection with any of the following purposes—

(a)

specified purposes related to policing;

(b)

the law enforcement purposes;

Page 24

(c)

safeguarding national security.

(8)

The information may be supplied to a non-UK authorised person or a non-UK

authorising officer for use in connection with any of the following purposes—

(a)

the prevention, investigation, detection or prosecution of criminal

offences or the execution of criminal penalties, including the

safeguarding against and the prevention of threats to public security;

(b)

purposes connected with the exercise of any statutory functions of the

recipient relating to customs, excise, immigration or the proceeds of

crime.

(9)

Information received by the Secretary of State under subsection (3) may be

supplied by the Secretary of State to any of the following persons for use in

connection with any of the purposes listed in subsection (3) —

(a)

an immigration officer;

(b)

a designated customs official;

(c)

the Border Security Commander.

(10)

Information received by the Secretary of State under subsection (4) may be

supplied by the Secretary of State to either or both of the following persons

for use in connection with a customs function exercisable by the person—

(a)

the Director of Border Revenue;

(b)

a designated customs official.

(11)

If at any time the Secretary of State by whom general customs functions are

exercisable is not the Secretary of State for the Home Department, subsection

(3) is to be read at that time as if the reference to the Secretary of State for

the Home Department included a reference to the Secretary of State by whom

general customs functions are exercisable.

Onwards sharing of information shared under section

(1)

A person who receives information under section 30 (3) , (4) , (9) or (10) may

supply the information—

(a)

to a person exercising public functions (whether or not within the

United Kingdom) for use in connection with any of the following

purposes—

(i)

immigration purposes;

(ii)

the purposes of exercising a customs function;

(iii)

specified purposes related to policing;

(iv)

the law enforcement purposes;

(v)

human welfare purposes;

(vi)

safeguarding national security;

(vii)

responding to an emergency;

(viii)

purposes connected with civil or criminal legal proceedings or

a criminal investigation (including proceedings or an

investigation outside the United Kingdom), or

(b)

to another person in pursuance of—

Page 25

(i)

an order of a court, or

(ii)

an agreement to which the United Kingdom or His Majesty’s

Government is a party.

(2)

A UK authorised person or a UK authorising officer who receives information

under section 30 (7) may supply the information as mentioned in subsection

(1) (a) or (b) (i) .

Sections

(1)

Nothing in sections 27 to 31 limits the circumstances in which information

may be supplied apart from those sections.

(2)

Sections 27 to 31 do not authorise a disclosure of information if the disclosure

would contravene the data protection legislation or the investigatory powers

legislation (but in determining whether a disclosure would do either of those

things, the powers conferred by those sections are to be taken into account).

(3)

In this section—

“the data protection legislation” has the same meaning as in the Data

Protection Act 2018 (see section 3 of that Act);

“the investigatory powers legislation” means Parts 1 to 7 and Chapter 1

of Part 9 of the Investigatory Powers Act 2016.

Sections

(1)

This section applies for the purposes of sections 27 to 31 .

(2)

References to the following persons have the following meanings—

“the Border Security Commander” means the person designated under

section 1 of this Act;

“designated customs official” has the same meaning as in Part 1 of the

Borders, Citizenship and Immigration Act 2009 (see section 14(6) of

that Act);

“the Director of Border Revenue” means the person designated under

section 6 of the Borders, Citizenship and Immigration Act 2009;

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

“immigration officer” means a person appointed by the Secretary of State

as an immigration officer under paragraph 1 of Schedule 2 to the

Immigration Act 1971.

(3)

A “UK authorised person” means—

(a)

for the purposes of section 27 , a person in the first column of the

following table who is authorised to receive information under section

27 (1) by the person specified in the corresponding entry in the second

column of the table;

(b)

for the purposes of sections 30 and 31 , a person in the first column of

the following table who is authorised to receive information under

Page 26

section 30 (7) by the person specified in the corresponding entry in the

second column of the table.

Person

Authorising officer

a constable or other person who is under

the person under whose

the direction and control of a person who

direction and control the

has the direction and control of a body of

constable or other person is

constables

a member of a service police force or other

the relevant Provost Marshal

person who is under the direction and

control of a Provost Marshal

(4)

In the table in subsection (3) —

“constable” includes special constable;

“relevant Provost Marshal” means—

(a)

in relation to a member of a service police force—

(i)

the Provost Marshal of that service police force, or

(ii)

in the case of a member of the tri-service serious crime

unit described in section 375(1A) of the Armed Forces

Act 2006, the Provost Marshal for serious crime;

(b)

in relation to any other person who is under the direction and

control of a Provost Marshal, the Provost Marshal under whose

direction and control the person is;

“service police force” has the same meaning as in the Armed Forces Act

2006 (see section 375(1) of that Act).

(5)

A “UK authorising officer” means—

(a)

a person having the direction and control of a body of constables, and

(b)

a Provost Marshal.

(6)

A “non-UK authorised person” means a person specified in the first column

of the following table who is authorised to receive information under section

30 (8) by the person specified in the corresponding entry in the second column

of the table.

Person

Authorising officer

A member of the States of Jersey

The Chief Officer of the States of

Police Force

Jersey Police Force

A Deputy Agent of the Impôts or an

The Agent of the Impôts of the

officer of the Impôts

Bailiwick of Jersey

An employee or member of the

The Director of the Jersey Financial

Jersey Financial Intelligence Unit

Intelligence Unit

A member of the salaried Police

The Chief Officer of the salaried

Force of the Island of Guernsey

Police Force of the Island of Guernsey

An employee of the States of

The Chief Officer of the salaried

Guernsey

Police Force of the Island of Guernsey

An officer of Customs and Excise of

The Chief Officer of Customs and

the Bailiwick of Guernsey

Excise of the Bailiwick of Guernsey

An immigration officer of the

The Chief Officer of Customs and

Bailiwick of Guernsey

Excise of the Bailiwick of Guernsey

The Director of the Economic and

A person authorised to exercise a

Financial Crime Bureau of the

function of the Director of the

Bailiwick of Guernsey

Economic and Financial Crime

Bureau of the Bailiwick of Guernsey

A member of staff of the Financial

The head of the Financial Intelligence

Intelligence Unit of the Bailiwick of

Unit of the Bailiwick of Guernsey

Guernsey

A member of the Isle of Man

The Chief Constable of the Isle of

Constabulary

Man Constabulary

An employee of the Isle of Man

The Chief Constable of the Isle of

Public Services Commission

Man Constabulary

An officer of Customs and Excise of

The Treasury Minister of the Isle of

the Isle of Man

Man

An immigration officer of the Isle of

The Treasury Minister of the Isle of

Man

A member of staff of the Isle of Man

The Director of the Isle of Man

Financial Intelligence Unit

A member of the Royal Gibraltar

The Commissioner of the Royal

Police

Gibraltar Police

A member of the Gibraltar Defence

The Chief Officer of the Gibraltar

Police

Defence Police

An officer of His Majesty’s Customs

The Collector of Customs at His

Gibraltar

Majesty’s Government of Gibraltar

(7)

A “non-UK authorising officer” means a person specified in the second column

of the table in subsection (6) .

(8)

References to the following purposes or functions have the following

meanings—

Page 28

“customs function” has the same meaning as in Part 1 of the Borders,

Citizenship and Immigration Act 2009 (see section 14(6) of that Act);

“general customs function” has the same meaning as in Part 1 of the

Borders, Citizenship and Immigration Act 2009 (see section 1(8) of

that Act);

“HMRC functions” means functions of the Commissioners for His

Majesty's Revenue and Customs or of officers of Revenue and Customs,

within the meaning of the Commissioners for Revenue and Customs

Act 2005 (see section 51(2) to (2B) of that Act);

“human welfare purposes” means any of the following—

(a)

preventing loss of human life;

(b)

preventing serious physical harm to a person;

(c)

safeguarding vulnerable people;

“immigration purposes” has the meaning given by section 20(3) of the

Immigration and Asylum Act 1999;

“the law enforcement purposes” has the same meaning as in Part 3 of

the Data Protection Act 2018 (section 31 of that Act);

“NCA functions” has the same meaning as in Part 1 of the Crime and

Courts Act 2013 (see section 16(1) of that Act);

“specified purposes related to policing” means purposes related to

policing that are specified in regulations made under this subsection

by the Secretary of State.

(9)

Before making regulations under subsection (8) , the Secretary of State must

consult such of the following persons as the Secretary of State considers

appropriate—

(a)

any person appearing to the Secretary of State to represent the views

of a body of constables in the United Kingdom;

(b)

the Scottish Ministers;

(c)

the Department of Justice in Northern Ireland.

Provision of biometric information by evacuees etc

Provision of biometric information by evacuees etc

(1)

An authorised person may take biometric information from a person to whom

this section applies.

(2)

This section applies to a person if—

(a)

the authorised person reasonably believes that, if the person were to

seek to enter the United Kingdom, the person would require leave to

do so (whether or not such leave has been given), and

(b)

His Majesty’s Government is considering whether to facilitate, or is

facilitating or has facilitated, the person’s departure from a state or

territory.

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(3)

An authorised person may not take biometric information from a child under

the age of 16 except in the presence of a person aged 18 or over who is—

(a)

the child’s parent or guardian, or

(b)

a person who for the time being takes responsibility for the child.

(4)

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

(a)

an authorised person, or

(b)

an officer of the Secretary of State who is not an authorised person.

(5)

Subsection (3) does not prevent an authorised person from taking biometric

information from a child if the authorised person reasonably believes that

the child is aged 16 or over.

(6)

In this section and section 35 —

“authorised person” means a person authorised by the Secretary of State

for the purposes of this section;

“biometric information” has the meaning given by section 15(1A) of the

UK Borders Act 2007.

(7)

References in this section and section 35 to the taking of biometric information

from a person include the recording of biometric information about the person.

(8)

Biometric information may be taken under this section outside the United

Kingdom.

Use and retention of information taken under section

(1)

An authorised person who takes biometric information under section 34 must

supply that information to the Secretary of State as soon as reasonably

practicable.

(2)

Biometric information taken under section 34 may be used by the Secretary

of State in connection with—

(a)

the exercise of a function relating to immigration or nationality, or

(b)

the exercise of a function relating to law enforcement or the protection

of national security.

(3)

The Secretary of State may retain biometric information taken under section

34 only if the Secretary of State considers that it is necessary to retain the

information for any use mentioned in subsection (2) .

(4)

The Secretary of State must take all reasonable steps to ensure that the

information is destroyed on or before the earliest of the following to occur—

(a)

the Secretary of State no longer considering that it is necessary to

retain the information for any use mentioned in subsection (2) , and

(b)

the end of the period of 5 years beginning with the day on which the

information was taken.

(5)

But the requirement to destroy biometric information does not apply if and

in so far as the information is retained under a power apart from subsection

(3) .

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(6)

Biometric information retained by the Secretary of State by virtue of subsection

(3) may also be used by the Secretary of State for the purpose of identifying

a person whose departure His Majesty’s Government is considering whether

to facilitate, or is facilitating or has facilitated, as mentioned in section 34 (2) (b) .

(7)

Where the Secretary of State’s use of biometric information under subsection

(6) involves transferring that information to a third country or to an

international organisation, the transfer is to be taken as being necessary for

important reasons of public interest for the purposes of Article 49(1)(d) of the

UK GDPR.

(8)

In subsection (7) —

“international organisation” and “third country” have the same meaning

as in the UK GDPR (see Article 4 of the Regulation);

“the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data

Protection Act 2018 (see section 3(10) and (14) of that Act).

Provision of biometric information at ports in Scotland

Provision of biometric information at ports in Scotland

(1)

In Schedule 8 to the Terrorism Act 2000, in paragraph 20(1) (power to take

fingerprints etc: Scotland) for “a person detained under Schedule 7 or section

41 at a police station in Scotland” substitute “—

“(a)

a person detained under section 41 at a police station in

Scotland, or

(b)

a person detained under Schedule 7 in Scotland,”.

(2)

In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border

security), in paragraph 42(1) (power to take fingerprints etc: Scotland) omit

“at a police station”.

Part 2

Asylum and immigration

Repeal of immigration legislation

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

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

Repeal of certain provisions of the Illegal Migration Act 2023

(1)

The following provisions of the Illegal Migration Act 2023 are repealed—

(a)

sections 1 to 6 and Schedule 1;

(b)

sections 7 to 11;

(c)

sections 13 to 15 and Schedule 2;

Page 31

(d)

sections 16 to 28;

(e)

sections 30 to 51;

(f)

sections 53 to 58;

(g)

section 61;

(h)

section 66.

(2)

Section 8AA of the Immigration Act 1971 (persons ineligible for leave to enter

and remain, entry clearance and ETA) (inserted by section 30(3) of the Illegal

Migration Act 2023) is to be treated as never having been in force.

Sections

(1)

In the Immigration Act 1971—

(a)

in section 8(1) (exceptions for seamen and aircrews) omit paragraph

(d) and the “or” before it;

(b)

omit section 8AA (persons ineligible for leave to enter and remain,

entry clearance and ETA);

(c)

in paragraph 17A of Schedule 2 (periods for which persons may be

detained)—

(i)

in sub-paragraph (2) omit “(2C),”;

(ii)

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

(2)

In the British Nationality Act 1981—

(a)

in section 3 (acquisition of British citizenship by registration: minors)

omit subsection (7);

(b)

in section 4 (acquisition of British citizenship by registration: British

overseas territories citizens etc) omit subsection (7);

(c)

in section 4A (acquisition of British citizenship by registration: further

provision for British overseas territories citizens) omit subsection (3);

(d)

in section 4AA (acquisition of British citizenship by registration: Irish

citizens) (as inserted by section 1(2) of the British Nationality (Irish

Citizens) Act 2024) omit subsection (4);

(e)

in section 5 (acquisition of British citizenship by registration: British

overseas territories citizens having connection with Gibraltar) omit

“Subject to sections 31, 32 and 36 of the Illegal Migration Act 2023

(restriction of eligibility for citizenship etc),”;

(f)

in section 6 (acquisition of British citizenship by naturalisation) omit

subsection (3);

(g)

in section 10 (registration as British citizen following renunciation of

citizenship of UK etc) omit subsection (5);

(h)

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

(i)

in section 17 (acquisition of British overseas territories citizenship by

registration: minors) omit subsection (7);

(j)

in section 18 (acquisition of British overseas territories citizenship by

naturalisation) omit subsection (4);

Page 32

(k)

in section 22 (right to registration as British overseas territories citizen

replacing right to resume citizenship of UK etc) omit subsection (5);

(l)

in section 24 (renunciation and resumption of British overseas territories

citizenship) omit “Subject to sections 31, 33 and 36 of the Illegal

Migration Act 2023 (restriction of eligibility for citizenship etc),”;

(m)

in section 27 (registration of minors as British overseas citizens), in

subsection (1), omit “Subject to sections 31, 34 and 36 of the Illegal

Migration Act 2023 (restriction of eligibility for citizenship etc),”;

(n)

in section 32 (registration of minors as British subjects) omit “Subject

to sections 31, 35 and 36 of the Illegal Migration Act 2023 (restriction

of eligibility for citizenship etc),”.

(3)

In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention

by Secretary of State)—

(a)

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

(b)

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

(4)

In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration

Acts”), omit paragraph (o).

Immigration advisers and immigration service providers

Immigration advisers and immigration service providers

Schedule 1 contains amendments of Part 5 of the Immigration and Asylum

Act 1999 (immigration advisers and immigration service providers).

Deportation etc

Detention and exercise of functions pending deportation

(1)

Paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control

pending deportation) is amended in accordance with subsections (2) to (5) .

(2)

For sub-paragraph (2) substitute—

“(2)

A person (“P”) who is not detained in pursuance of the sentence or

order of a court may be detained under the authority of the Secretary

of State—

(a)

while the Secretary of State considers whether to make a

deportation order against P, and

(b)

where the Secretary of State decides to make a deportation

order against P, pending the making of the deportation order.

(2A)

Sub-paragraph (2) applies only if—

(a)

the Secretary of State has notified P in writing that the

Secretary of State is considering whether to make a

deportation order against P, or

Page 33

(b)

where no notice has been given under paragraph (a), the

Secretary of State has notified P in writing that the Secretary

of State has decided to make a deportation order against P.”

(3)

In sub-paragraph (3A), for “the deportation order” substitute “the decision

whether to make a deportation order, or the deportation order,”.

(4)

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

(5)

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

(6)

Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is

amended in accordance with subsections (7) to (9) .

(7)

In subsection (7)—

(a)

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

paragraph substitute “—

“(i)

is considering whether to make a deportation

order,

(ii)

is considering whether section 32(5) of the UK

Borders Act 2007 (automatic deportation of

foreign criminals) applies,

(iii)

has decided to make a deportation order, or

(iv)

has decided that section 32(5) of that Act

applies;”, and

(b)

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

(8)

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

of the paragraph substitute “—

“(i)

when C is notified of the matter mentioned in subsection

(7)(c)(i) or (ii), or

(ii)

if no such notification is given to C, when C is notified

of the decision mentioned in subsection (7)(c)(iii) or

(iv);”.

(9)

In subsection (9)(c)—

(a)

before sub-paragraph (i) insert—

“(zi)

the time when C is notified of the Secretary of

State’s decision not to make a deportation order

against C or that section 32(5) of the UK Borders

Act 2007 does not apply in respect of C,”, and

(b)

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

(10)

Regulation 2 of the Immigration (Collection, Use and Retention of Biometric

Information and Related Amendments) Regulations 2021 (S.I. 2021/772)

(photographs) is amended in accordance with subsections (11) to (13) .

(11)

In paragraph (7)—

Page 34

(a)

for sub-paragraph (c) substitute—

“(c)

any person (“C”) in respect of whom the Secretary of

State—

(i)

is considering whether to make a deportation

order,

(ii)

is considering whether section 32(5) of the UK

Borders Act 2007 (automatic deportation of

foreign criminals) applies,

(iii)

has decided to make a deportation order, or

(iv)

has decided that section 32(5) of that Act

applies;”, and

(b)

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

(12)

In paragraph (11), in sub-paragraph (c), for the words from “, when” to the

end of the sub-paragraph substitute “—

“(i)

when C is notified of the matter mentioned in paragraph

(7)(c)(i) or (ii), or

(ii)

if no such notification is given to C, when C is notified

of the decision mentioned in paragraph (7)(c)(iii) or

(iv);”.

(13)

In paragraph (12)(a)(iii)—

(a)

before sub-paragraph (aa) insert—

“(zaa)

the time when C is notified of the

Secretary of State’s decision not to

make a deportation order against C or

that section 32(5) of the UK Borders

Act 2007 does not apply in respect of

C;”, and

(b)

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

(14)

Section 51 of the Immigration Act 2016 (search for nationality documents by

detainee custody officers etc) is amended in accordance with subsections (15)

and (16) .

(15)

In subsection (2)—

(a)

for paragraph (b) substitute—

“(b)

in respect of whom the Secretary of State—

(i)

is considering whether to make a deportation

order under section 5(1) of that Act,

(ii)

has decided to make such a deportation order,

(iii)

has made such a deportation order, or”,

(b)

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

Page 35

(c)

for paragraph (d) substitute—

“(d)

in respect of whom the Secretary of State—

(i)

is considering whether section 32(5) of the UK

Borders Act 2007 (automatic deportation of

foreign criminals) applies,

(ii)

has decided that section 32(5) of that Act applies,

(iii)

has made such a deportation order in accordance

with section 32(5) of that Act.”

(16)

After subsection (4) insert—

“(4A)

The Secretary of State may give a direction as mentioned in subsection

(2)(b)(i) or (ii) in relation to a person detained in a prison or young

offender institution only if—

(a)

the Secretary of State has notified the person in writing that

the Secretary of State is considering whether to make a

deportation order under section 5(1) of the Immigration Act

1971 against the person, or

(b)

where no notice has been given as mentioned in paragraph

(a), the Secretary of State has notified the person in writing

that the Secretary of State has decided to make such a

deportation order against the person.

(4B)

The Secretary of State may give a direction as mentioned in subsection

(2)(d)(i) or (ii) in relation to a person detained in a prison or young

offender institution only if—

(a)

the Secretary of State has notified the person in writing that

the Secretary of State is considering whether section 32(5) of

the UK Borders Act 2007 applies in respect of the person, or

(b)

where no notice has been given as mentioned in paragraph

(a), the Secretary of State has notified the person in writing

that the Secretary of State has decided that section 32(5) of that

Act applies in respect of the person.”

(17)

The amendments made by subsections (1) to (13) are to be treated as always

having had effect.

EU Settlement Scheme

EU Settlement Scheme: rights of entry and residence etc

(1)

For the purposes of this section “relevant citizens’ rights” means the rights,

powers, liabilities, obligations, restrictions, remedies and procedures which—

(a)

are recognised and available in domestic law by virtue of section 7A

or 7B of the European Union (Withdrawal) Act 2018 , and

(b)

are derived from—

Page 36

(i)

Title 2 of Part 2 of the withdrawal agreement or Title 1 or 4 of

Part 2 of that agreement so far as relating to Title 2 of that

Part,

(ii)

Title 2 of Part 2 of the EEA EFTA separation agreement or Title

1 or 4 of Part 2 of that agreement so far as relating to Title 2

of that Part, or

(iii)

Article 4(2), 7 or 8 or Chapter 1 of Title 2 of Part 2 of the Swiss

citizens’ rights agreement or Title 1 of Part 2 of that agreement

so far as relating to Chapter 1 of Title 2 of that Part.

(2)

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

(a)

P has leave to enter or remain in the United Kingdom granted by

virtue of residence scheme immigration rules,

(b)

the leave was granted to P on the basis of requirements which included

that P is a relevant national or is (or was) a family member of a person

who is (or was) a relevant national,

(c)

each of the requirements on the basis of which P’s leave was granted

was in fact met,

(d)

either—

(i)

in a case where P’s leave was not granted on the basis that P

is (or was) a joining family member of a relevant sponsor, P

was resident in the United Kingdom or the Islands immediately

before the end of the implementation period, or

(ii)

in a case where P’s leave was granted on the basis that P is

(or was) a joining family member of a relevant sponsor, the

relevant sponsor was resident in the United Kingdom or the

Islands immediately before the end of the implementation

period, and

(e)

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

(3)

For the purposes of subsection (2) —

(a)

a person is to be treated as a family member of another person if they

are treated as the family member of that person by residence scheme

immigration rules;

(b)

“joining family member” and “relevant sponsor” have the same

meaning as in residence scheme immigration rules;

(c)

a person is to be treated as resident in the United Kingdom or the

Islands immediately before the end of the implementation period even

if they were temporarily absent from the United Kingdom or the

Islands at that time if their absence was permitted for the purposes

of establishing or maintaining eligibility for leave under residence

scheme immigration rules;

(d)

“relevant national” means a national of Austria, Belgium, Bulgaria,

Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia,

Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy,

Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands,

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Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden

or Switzerland.

(4)

In this section “relevant residency” means—

(a)

residency in accordance with Union law (within the meaning of the

withdrawal agreement),

(b)

residency in accordance with the EEA Agreement (within the meaning

of the EEA EFTA separation agreement), or

(c)

residency in accordance with the FMOPA (within the meaning of the

Swiss citizens’ rights agreement).

(5)

Relevant citizens' rights—

(a)

are capable of accruing and applying to a person to whom this

subsection applies notwithstanding that the residency mentioned in

subsection (2) (d) was not relevant residency, and

(b)

are to be enforced, allowed and followed accordingly.

(6)

Every enactment (including an enactment contained in this Act) is to be read

and has effect subject to subsection (5) .

(7)

In this section—

“EEA EFTA separation agreement” has the same meaning as in the

European Union (Withdrawal Agreement) Act 2020 (see section 39(1)

of that Act);

“enactment” has the same meaning as in the European Union

(Withdrawal) Act 2018 (see section 20(1) of that Act);

“the implementation period” has the same meaning as in the European

Union (Withdrawal) Act 2018 (see section 1A(6) of that Act);

“the Islands” means the Bailiwick of Guernsey, the Bailiwick of Jersey

or the Isle of Man;

“residence scheme immigration rules” has the same meaning as in Part

3 of the European Union (Withdrawal Agreement) Act 2020 (see section

17 of that Act);

“Swiss citizens' rights agreement” has the same meaning as in the

European Union (Withdrawal Agreement) Act 2020 (see section 39(1)

of that Act);

“withdrawal agreement” has the same meaning as in the European Union

(Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that

Act).

Conditions on leave and bail

Conditions on limited leave to enter or remain and immigration bail

(1)

The Immigration Act 1971 is amended in accordance with subsections (2) and

(3) .

Page 38

(2)

In section 3(1)(c) (conditions which may be applied to limited leave to enter

or remain in the United Kingdom)—

(a)

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

(b)

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

“(vi)

an electronic monitoring condition (see Schedule

1A);

(vii)

a condition requiring the person to be at a

particular place between particular times, either

on particular days or on any day;

(viii)

a condition requiring the person to remain

within a particular area;

(ix)

a condition prohibiting the person from being

in a particular area;

(x)

such other conditions as the Secretary of State

thinks fit.”

(3)

Before Schedule 2 insert—

“Schedule 1A

Section 3(1)(c)(vi)

Electronic monitoring conditions

For the purposes of section 3(1)(c)(vi), an “electronic monitoring

condition” means a condition requiring the person on whom it is

imposed (“P”) to co-operate with such arrangements as the Secretary

of State may specify for detecting and recording by electronic means

one or more of the following—

(a)

P's location at specified times, during specified periods of

time or while the arrangements are in place;

(b)

P's presence in a location at specified times, during specified

periods of time or while the arrangements are in place;

(c)

P's absence from a location at specified times, during

specified periods of time or while the arrangements are in

place.

The arrangements may in particular—

(a)

require P to wear a device;

(b)

require P to make specified use of a device;

(c)

require P to communicate in a specified manner and at

specified times or during specified periods;

(d)

involve the exercise of functions by persons other than the

Secretary of State.

If the arrangements require P to wear, or make specified use of, a

device they must—

(a)

prohibit P from causing or permitting damage to, or

interference with, the device, and

Page 39

(b)

prohibit P from taking or permitting action that would or

might prevent the effective operation of the device.

An electronic monitoring condition may not be imposed on a person

unless the person is at least 18 years old.

In this Schedule “specified” means specified in the arrangements.”

(4)

In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph

2(1) (conditions of bail), after paragraph (e) insert—

“(ea)

a condition requiring the person to be at a particular place

between particular times, either on particular days or on any

day;

(eb)

a condition requiring the person to remain within a particular

area;

(ec)

a condition prohibiting the person from being in a particular

area;”.

Powers to take biometric information

Powers to take biometric information

(1)

Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is

amended in accordance with subsections (2) to (5) .

(2)

In subsection (5)—

(a)

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

(b)

after paragraph (e) insert—

“(f)

a person who is employed by a contractor in connection

with the discharge of the contractor’s duties under a

short-term holding facility contract; or

(g)

a person of a description specified in regulations made

by the Secretary of State.”

(3)

After subsection (6) insert—

“(6A)

In this section—

(a)

“short-term holding facility” has the same meaning as in Part

(b)

“short-term holding facility contract” means a contract entered

into by the Secretary of State under section 149 as extended to

short-term holding facilities by regulations under section 157(1),

and

(c)

“contractor”, in relation to a short-term holding facility which

is being run in accordance with a short-term holding facility

contract, means the person who has contracted to run it.”

(4)

In subsection (12)—

(a)

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

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(b)

after paragraph (d) insert—

“(e)

if the authorised person is specified in regulations made

by the Secretary of State under subsection (5)(g), by a

person, or a person of a description, specified in such

regulations.”

(5)

Omit subsection (17).

(6)

In section 144(1) of the Immigration and Asylum Act 1999 (power to make

provision equivalent to sections 141 and 142 in relation to other biometric

information), after “142” insert “, or to provision made under section 141,”.

Part 3

Prevention of serious crime

Offences relating to things for use in serious crime

Articles for use in serious crime

(1)

A person commits an offence if the person possesses a relevant article in

circumstances which give rise to a reasonable suspicion that the relevant

article will be used in connection with any serious offence.

(2)

A person commits an offence if the person imports, makes, adapts, supplies

or offers to supply a relevant article in circumstances which give rise to a

reasonable suspicion that the relevant article will be used in connection with

any serious offence.

(3)

It is a defence for a person charged with an offence under this section to

show that the person did not intend or suspect that the relevant article would

be used in connection with any serious offence.

(4)

In proceedings for an offence under this section, if it is proved that a relevant

article—

(a)

was on any premises at the same time as the accused, or

(b)

was on premises of which the accused was the occupier or which the

accused habitually used otherwise than as a member of the public,

the court may assume that the accused possessed the relevant article, unless

the accused shows that they did not know of its presence on the premises or

that they had no control over it.

(5)

Subsection (6) applies where—

(a)

in accordance with subsection (3) , it is a defence for a person charged

with an offence to show a particular matter, or

(b)

in accordance with subsection (4) , a court may make an assumption

in relation to a person charged with an offence unless the person

shows a particular matter.

(6)

A person is regarded as having shown the matter if—

Page 41

(a)

sufficient evidence of the matter is adduced to raise an issue with

respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(7)

In this section—

“relevant article” has the meaning given by section 46 ;

“serious offence” means—

(a)

in England and Wales, an offence specified or described in Part

1 of Schedule 1 to the Serious Crime Act 2007;

(b)

in Scotland, an offence specified or described in Part 1A of that

Schedule;

(c)

in Northern Ireland, an offence specified or described in Part

2 of that Schedule.

(8)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for

a term not exceeding the general limit in a magistrates’ court or a fine

(or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory maximum

(or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a

term not exceeding 6 months or a fine not exceeding the statutory

maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding

5 years or a fine (or both).

Section

(1)

In section 45 “relevant article” means any of the following—

(a)

a 3D printer firearms template;

(b)

an encapsulator;

(c)

a tablet press;

(d)

a vehicle concealment.

(2)

In this section—

“3D printer firearms template” means any document that may be used

in conjunction with a 3D printer to produce any part of a firearm (as

defined by section 57 of the Firearms Act 1968 or, in Northern Ireland,

Article 2(2) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702

(N.I. 3)));

“document” includes information recorded in any form;

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

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

“vehicle” has the meaning given by section 1(1) of the Customs and

Excise Management Act 1979;

“vehicle concealment” means a compartment that—

Page 42

(a)

forms or is intended to form part of a vehicle or is attached or

intended to be attached to a vehicle, and

(b)

conceals, or facilitates the concealment of, things or people or

is intended to conceal or facilitate the concealment of things

or people.

(3)

The Secretary of State may by regulations amend this section (other than this

subsection or subsection (4) or (5) ).

(4)

But regulations under subsection (3) that add an article to subsection (1) may

be made only if the Secretary of State considers that there is a significant risk

of such an article being used in connection with any serious offence.

“Serious offence” has the same meaning as in section 45 .

(5)

Before making regulations under subsection (3) , the Secretary of State must

consult—

(a)

the Scottish Ministers, and

(b)

the Department of Justice in Northern Ireland.

Confiscation of assets

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

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

(a)

before paragraph 9A insert—

“Offences involving gangmasters

(b)

after paragraph 9A insert—

“Offences relating to things for use in serious crime

An offence under section 45 of the Border Security, Asylum

and Immigration Act 2025 (articles for use in serious crime).”

(3)

In Schedule 4 (criminal lifestyle offences in Scotland), after paragraph 9F

insert—

“Offences relating to things for use in serious crime

An offence under section 45 of the Border Security, Asylum and

Immigration Act 2025 (articles for use in serious crime).”

(4)

In Schedule 5 (criminal lifestyle offences in Northern Ireland), after paragraph

9A insert—

“Offences relating to things for use in serious crime

An offence under section 45 of the Border Security, Asylum and

Immigration Act 2025 (articles for use in serious crime).”

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Serious crime prevention orders

Electronic monitoring requirements

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

After section 5A insert—

“Electronic monitoring requirements

Electronic monitoring requirements

(1)

A serious crime prevention order within subsection (2) may require

an individual (including a partner in a partnership) to submit to

electronic monitoring of their compliance with prohibitions, restrictions

or other requirements imposed by the order.

(2)

A serious crime prevention order is within this subsection if—

(a)

the order is made by a court in England and Wales, or

(b)

the order is made by a court in Scotland or Northern Ireland

and is terrorism-related.

(3)

A requirement imposed under subsection (1) is referred to in this Part

as an “electronic monitoring requirement”.

(4)

A serious crime prevention order that includes an electronic monitoring

requirement must specify the person who is to be responsible for the

monitoring.

(5)

The person specified under subsection (4) (“the responsible person”)

must be of a description specified in regulations made by the Secretary

of State.

(6)

Where a serious crime prevention order imposes an electronic

monitoring requirement on a person, the person must (among other

things)—

(a)

submit, as required from time to time by the responsible person,

to—

(i)

being fitted with, or the installation of, any necessary

apparatus, and

(ii)

the inspection or repair of any apparatus fitted or

installed for the purposes of the monitoring;

(b)

not interfere with, or with the working of, any apparatus fitted

or installed for the purposes of the monitoring;

(c)

take any steps required by the responsible person for the

purpose of keeping in working order any apparatus fitted or

installed for the purposes of the monitoring.

These obligations have effect as requirements of the order.

Page 44

(7)

A serious crime prevention order may not provide for an electronic

monitoring requirement to have effect for more than 12 months (but

this does not limit any power of a court to extend that period).

Conditions for imposing electronic monitoring requirements

(1)

This section applies for the purpose of determining whether a court

may impose an electronic monitoring requirement on a person (“P”)

under section 5B .

(2)

The requirement may not be imposed in P’s absence.

(3)

If there is a person (other than P) without whose co-operation it would

be impracticable to secure the monitoring in question, the requirement

may not be imposed without that person’s consent.

(4)

A court may impose the requirement in relation to a relevant police

area or areas only if—

(a)

it has been notified by the Secretary of State that electronic

monitoring arrangements are available in the area or areas,

and

(b)

it is satisfied that the necessary provision can be made under

the arrangements currently available.

(5)

For the purposes of subsection (4) (a) —

“relevant police area” means—

(a)

the police area in England or Wales in which it appears

to the court that P resides or will reside, and

(b)

in a case where it is proposed to include in the order—

(i)

a requirement that P must remain, for specified

periods, at a specified place, or

(ii)

a provision prohibiting P from entering a

specified place or area,

the police area in England or Wales in which the place

or area proposed to be specified is situated;

“specified” means specified in the order.

Data from electronic monitoring: code of practice

(1)

The Secretary of State must issue a code of practice relating to the

processing of data gathered in the course of electronic monitoring of

individuals under electronic monitoring requirements imposed by

serious crime prevention orders.

(2)

A failure to act in accordance with a code issued under this section

does not of itself make a person liable to any criminal or civil

proceedings.”

Page 45

(3)

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

“(9)

But the court may not extend the period for which an electronic

monitoring requirement has effect by more than 12 months at a time.”

(4)

In section 20 (powers of Crown Court to vary orders on conviction), after

subsection (7) insert—

“(8)

But the court may not extend the period for which an electronic

monitoring requirement has effect by more than 12 months at a time.”

(5)

In section 21 (powers of Crown Court to vary or replace orders on breach),

after subsection (7) insert—

“(7A)

But the court may not extend the period for which an electronic

monitoring requirement has effect by more than 12 months at a time.”

(6)

In section 22B (powers of High Court of Justiciary and sheriff to vary orders

on conviction), after subsection (5) insert—

“(6)

But the court or sheriff may not extend the period for which an

electronic monitoring requirement has effect by more than 12 months

at a time.”

(7)

In section 22C (powers of High Court of Justiciary and sheriff to vary or

replace orders on breach), after subsection (5) insert—

“(5A)

But the court or sheriff may not extend the period for which an

electronic monitoring requirement has effect by more than 12 months

at a time.”

(8)

In section 89 (orders)—

(a)

in the heading, after “Orders” insert “and regulations”;

(b)

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

Interim serious crime prevention orders

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

After section 5D (inserted by section 48 ) insert—

“Interim serious crime prevention orders

Interim serious crime prevention orders

(1)

This section applies where—

(a)

an application to the High Court in England and Wales for a

serious crime prevention order has not been determined, or

(b)

an application to the appropriate court in Scotland or the High

Court in Northern Ireland for a serious crime prevention order

that is terrorism-related (see section 8A) has not been

determined.

Page 46

(2)

The court may, if it considers it just to do so, make an interim serious

crime prevention order in relation to the person.

(3)

An interim serious crime prevention order may contain such

prohibitions, restrictions or requirements, and such other terms, as the

court considers appropriate to protect the public by preventing,

restricting or disrupting involvement by the person in serious crime—

(a)

in England and Wales, in the case of an order made by the

High Court in England and Wales;

(b)

in Scotland, in the case of an order made by the appropriate

court in Scotland;

(c)

in Northern Ireland, in the case of an order made by the High

Court in Northern Ireland.

(4)

Sections 5 to 5D apply in relation to an interim serious crime

prevention order as they apply in relation to a serious crime prevention

order.

(5)

An interim serious crime prevention order in relation to a person may

be made only where the application for the order is made at the same

time as, or after, the main application is made.

(6)

In this Part—

“interim serious crime prevention order” means an order under

this section;

“main application” , in relation to an interim serious crime

prevention order, means the application mentioned in

subsection (1) .

(7)

For the purposes of this Part references to the person who is the subject

of an interim serious crime prevention order are references to the

person against whom the public is to be protected.

Without notice applications

(1)

An application for an interim serious crime prevention order, or for

the variation of an interim serious crime prevention order, may be

made without notice being given to the person against whom the

order is to be made in circumstances where notice of the application

is likely to prejudice the outcome sought by the applicant.

(2)

Where the court makes an interim serious crime prevention order in

relation to a person (“P”) in a case where the application for the order

was made without notice, the court must give P an opportunity to

make representations about the order—

(a)

as soon as reasonably practicable, and

(b)

at a hearing of which notice has been given to P in accordance

with rules of court.

Page 47

(3)

Where a person (whether P or another) makes an application for an

interim serious crime prevention order made without notice to be

varied or discharged, the court may not dismiss the application unless

the person has been given an opportunity to make representations

about the order at a hearing of which notice has been given to the

person in accordance with rules of court.”

(3)

After section 8A insert—

“8AA

Relevant applicant authority to apply for interim order

An interim serious crime prevention order may be made only on an

application by the relevant applicant authority (see section 10) in

relation to the main application.”

(4)

After section 10 insert—

“10A

Notice requirements in relation to interim orders

(1)

A person who is the subject of an interim serious crime prevention

order (“P”) is bound by it or a variation of it only if—

(a)

P is represented (whether in person or otherwise) at the

proceedings at which the order or (as the case may be) variation

is made, or

(b)

a notice setting out the terms of the order or (as the case may

be) variation has been served on P in accordance with

subsections (2) to (4) .

(2)

The notice must be served on P—

(a)

as soon as reasonably practicable after the order or variation

is made, and in any event no later than the end of the period

of 7 days beginning with the day on which the order or

variation is made;

(b)

by delivering it to P in person, unless the court provides

otherwise under subsection (4) .

(3)

For the purposes of delivering such a notice to P in person, a constable

or a person authorised for the purpose by the relevant applicant

authority may (if necessary by force)—

(a)

enter any premises where the constable or authorised person

has reasonable grounds for believing P to be, and

(b)

search those premises for P.

(4)

Where it has not been possible to deliver the notice to P in person,

the notice may be served on P using such other method of service as

the court may allow.”

(5)

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

“(4A)

An interim serious crime prevention order ceases to be in force—

(a)

on the date or dates specified in the order, or

(b)

if earlier, on the determination of the main application.”

Page 48

(6)

In section 25 (1) (offence of failing to comply with order), after “order” insert

“or an interim serious crime prevention order”.

(7)

Schedule 2 contains related amendments to the Serious Crime Act 2007 .

Applicants for making of orders and interim orders

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

For section 8 substitute—

“8

Limited class of applicants for making of orders

(1)

A serious crime prevention order may be made by the High Court in

England and Wales—

(a)

only on an application by—

(i)

the Director of Public Prosecutions,

(ii)

the Director of the Serious Fraud Office,

(iii)

the Director General of the National Crime Agency,

(iv)

the Commissioners for His Majesty’s Revenue and

Customs,

(v)

the chief officer of police of a police force in England

and Wales,

(vi)

the Chief Constable of the British Transport Police Force,

(vii)

the Chief Constable of the Ministry of Defence Police,

and

(b)

in the case of an application by a person listed in paragraph

(a) (iii) to (vii) , only if the person has consulted the Director of

Public Prosecutions.

(2)

A serious crime prevention order may be made by the Crown Court

in England and Wales—

(a)

only on an application by—

(i)

the Director of Public Prosecutions,

(ii)

the Director of the Serious Fraud Office, or

(iii)

the chief officer of police of a police force in England

and Wales, and

(b)

in the case of an application by the chief officer of police of

such a police force, only if—

(i)

it is an application for an order under section 19 or 19A

that is terrorism-related (see section 8A), and

(ii)

the chief officer has consulted the Director of Public

Prosecutions.

(3)

A serious crime prevention order may be made by a court or sheriff

in Scotland—

(a)

only on an application by—

Page 49

(i)

the Lord Advocate, or

(ii)

the chief constable of the Police Service of Scotland, and

(b)

in the case of an application by the chief constable, only if—

(i)

it is an application for an order under section 1 that is

terrorism-related (see section 8A),

(ii)

the chief constable has consulted the Lord Advocate,

and

(iii)

it is an application made to the Court of Session (and

not to the sheriff).

(4)

A serious crime prevention order may be made by a court in Northern

Ireland—

(a)

only on an application by—

(i)

the Director of Public Prosecutions for Northern Ireland,

(ii)

the Chief Constable of the Police Service of Northern

Ireland, and

(b)

in the case of an application by the Chief Constable, only if—

(i)

it is an application for an order under section 1 that is

terrorism-related (see section 8A), and

(ii)

the Chief Constable has consulted the Director of Public

Prosecutions for Northern Ireland.”

(3)

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

(a)

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

(b)

after sub-paragraph (iv) insert—

“(v)

in any other case, the person who applied for

the order;”.

(4)

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

(a)

for subsection (1A) substitute—

“(1A)

A person mentioned in section 8 (1) (a) (iii) to (vii) may present

a petition to the court for the winding up of a company,

partnership or relevant body if—

(a)

the company, partnership or relevant body has been

convicted of an offence under section 25 in relation to

a serious crime prevention order or an interim serious

crime prevention order made on an application by a

person of the same description, and

(b)

the person considers that it would be in the public

interest for the company, partnership or (as the case

may be) relevant body to be wound up.”;

(b)

in subsection (3) , for the words from “the Director of Public

Prosecutions” to the end substitute “a person who is authorised to

present a petition in accordance with subsection (1) or (1A) ”.

Page 50

(c)

in subsection (12) omit the definition of “police-initiated serious crime

prevention order”.

(5)

In Schedule 2 (functions of applicant authorities)—

(a)

after paragraph 15 insert—

“Director General of the National Crime Agency

15ZA

The functions of the Director General of the National Crime

Agency under this Part are—

(a)

to have the conduct of applications for serious crime

prevention orders and interim serious crime

prevention orders in England and Wales or for their

variation or discharge,

(b)

to appear on any application made under section 17

or 18 by another person for the variation or discharge

of a serious crime prevention order or an interim

serious crime prevention order in England and Wales,

(c)

to have the conduct of, or (as the case may be) appear

in, any other proceedings in connection with serious

crime prevention orders or interim serious crime

prevention orders (whether proceedings on appeal,

by virtue of section 27 or otherwise),

(d)

to give advice in connection with any proceedings

or possible proceedings in connection with serious

crime prevention orders or interim serious crime

prevention orders, and

(e)

to do anything for the purposes of, or in connection

with, the functions in paragraphs (a) to (d) .

Commissioners for His Majesty’s Revenue and Customs

15ZB

The functions of the Commissioners for His Majesty’s

Revenue and Customs under this Part are—

(a)

to have the conduct of applications for serious crime

prevention orders and interim serious crime

prevention orders in England and Wales or for their

variation or discharge,

(b)

to appear on any application made under section 17

or 18 by another person for the variation or discharge

of a serious crime prevention order or an interim

serious crime prevention order made in England and

Wales,

(c)

to have the conduct of, or (as the case may be) appear

in, any other proceedings in connection with serious

crime prevention orders or interim serious crime

prevention orders (whether proceedings on appeal,

by virtue of section 27 or otherwise),

Page 51

(d)

to give advice in connection with any proceedings

or possible proceedings in connection with serious

crime prevention orders or interim serious crime

prevention orders, and

(e)

to do anything for the purposes of, or in connection

with, the functions in paragraphs (a) to (d) .”;

(b)

in paragraph 15A —

(i)

in paragraphs (a) , (c) and (d) leave out “that are

terrorism-related”;

(ii)

in paragraph (b) leave out “that is terrorism-related”;

(c)

after paragraph 15B insert—

“Chief Constable of British Transport Police Force

15BA

The functions of the Chief Constable of the British Transport

Police Force under this Part are—

(a)

to have the conduct of applications for serious crime

prevention orders and interim serious crime

prevention orders in England and Wales or for their

variation or discharge,

(b)

to appear on any application made under section 17

or 18 by another person for the variation or discharge

of a serious crime prevention order or an interim

serious crime prevention order in England and Wales,

(c)

to have the conduct of, or (as the case may be) appear

in, any other proceedings in connection with serious

crime prevention orders or interim serious crime

prevention orders in England and Wales (whether

proceedings on appeal, by virtue of section 27 or

otherwise),

(d)

to give advice in connection with any proceedings

or possible proceedings in connection with serious

crime prevention orders or interim serious crime

prevention orders in England and Wales, and

(e)

to do anything for the purposes of, or in connection

with, the functions in paragraphs (a) to (d) .

15BB

(1)

The Chief Constable of the British Transport Police Force

may, to such extent as they may decide, delegate the exercise

of their functions under this Part to any member of the

British Transport Police Force of at least the rank of

superintendent.

(2)

References in this Part to the Chief Constable of the British

Transport Police Force are accordingly to be read, so far as

necessary for the purposes of sub-paragraph (1) , as references

to the Chief Constable or any member of the British

Transport Police Force of at least the rank of superintendent.

Page 52

Chief Constable of the Ministry of Defence Police

15BC

The functions of the Chief Constable of the Ministry of

Defence Police under this Part are—

(a)

to have the conduct of applications for serious crime

prevention orders and interim serious crime

prevention orders in England and Wales or for their

variation or discharge,

(b)

to appear on any application made under section 17

or 18 by another person for the variation or discharge

of a serious crime prevention order or an interim

serious crime prevention order in England and Wales,

(c)

to have the conduct of, or (as the case may be) appear

in, any other proceedings in connection with serious

crime prevention orders or interim serious crime

prevention orders in England and Wales (whether

proceedings on appeal, by virtue of section 27 or

otherwise),

(d)

to give advice in connection with any proceedings

or possible proceedings in connection with serious

crime prevention orders or interim serious crime

prevention orders in England and Wales, and

(e)

to do anything for the purposes of, or in connection

with, the functions in paragraphs (a) to (d) .

15BD

(1)

The Chief Constable of the Ministry of Defence Police may,

to such extent as they may decide, delegate the exercise of

their functions under this Part to any member of the Ministry

of Defence Police of at least the rank of superintendent.

(2)

References in this Part to the Chief Constable of the Ministry

of Defence Police are accordingly to be read, so far as

necessary for the purposes of sub-paragraph (1) , as references

to the Chief Constable or any member of the Ministry of

Defence Police of at least the rank of superintendent.”

Notification requirements

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

After section 15 insert—

“Notification requirements: England and Wales

15A

Notification requirements: England and Wales

(1)

Schedule 1A contains provision about notifications to be given by a

person who is subject to a serious crime prevention order in England

and Wales (a “relevant order”).

Page 53

(2)

A relevant order—

(a)

must specify a person listed in section 8 (1) (a) as the person to

whom a notification under Schedule 1A is to be given;

(b)

may make provision about how a notification under Schedule

1A is to be given (including provision requiring a person to

give a notification in person or otherwise).

(3)

In this Part references to a “specified person” are to a person specified

under subsection (2) (a) .”

(3)

After Schedule 1 insert—

“Schedule 1A

Section 15A

Relevant orders: notification requirements

Notification requirements for persons other than individuals

(1)

Where a person other than an individual is subject to a relevant

order that person (“P”) must, within the period of three days

beginning with the first day on which any provision of the order

comes into force, notify the specified person of the name of an

authorised individual.

(2)

In this paragraph “authorised individual” means an individual

who—

(a)

is authorised by P to communicate with the specified person

in relation to P’s compliance with the order, and

(b)

has consented to act in that capacity.

(3)

P may, at any time after notifying the specified person of the name

of an authorised individual under this paragraph, notify the specified

person of the name of a replacement authorised individual.

(4)

Where an individual whose name is notified by P under this

paragraph ceases to be an authorised individual P must, within the

period of 28 days beginning with the day on which the individual

ceases to be an authorised individual, notify the specified person

of the name of a replacement authorised individual.

Notification requirements for individuals

(1)

An individual who is subject to a relevant order must, within the

period of three days beginning with the first day on which any of

the provisions of the order comes into force, notify the specified

person of the notifiable information relating to the individual.

(2)

If there is a change in any of the notifiable information relating to

an individual who has given a notification under this paragraph

the individual must, within the period of three days beginning with

the day on which the change occurs, notify the specified authority

of the change.

Page 54

(3)

A requirement to notify information under sub-paragraph (1) or (2)

does not apply to an individual by virtue of a relevant order whilst

the individual is required to notify that information to that authority

by virtue of an earlier relevant order.

(4)

If the earlier order ceases to be in force on a day on which the later

order remains in force, the reference in sub-paragraph (1) to the

first day on which any of the provisions of the order comes into

force is to be read as a reference to that day.

(5)

In this paragraph “the notifiable information” relating to an

individual means—

(a)

their name and, if they use one or more other names, each

of those names;

(b)

the address of their sole or main residence in the United

Kingdom and the address of any other premises in the

United Kingdom at which they regularly reside or stay;

(c)

each of their telephone numbers and email addresses (if

any);

(d)

any name which they use to access a social media service

or the function of which is to identify the user of such a

service;

(e)

any name—

(i)

which they use to access a video game that is a

user-to-user service or that is available as part of a

user-to-user service, or

(ii)

the function of which is to identify them as the user

of such a game;

(f)

identifying information relating to any motor vehicle of

which they are the registered keeper, or which they have a

right to use (whether routinely or on specific occasions or

for specific purposes);

(g)

specified financial information;

(h)

specified information about identification documents;

(i)

the name and address of each of their employers (if any);

(j)

any information of a description specified in regulations

made by the Secretary of State.

(6)

For the purposes of sub-paragraph (5) —

(a)

where the individual does not have a sole or main residence

in the United Kingdom, paragraph (b) of that sub-paragraph

is to be read as if it refers to the address or location of a

place in the United Kingdom where they can regularly be

found (and, if there is more than one such place, the address

or location of each of those places);

(b)

“social media service” means an online service that meets

the following conditions—

Page 55

(i)

the main purpose, or one of the main purposes, of

the service is to promote interaction between users

(including interaction between users and

user-generated content), and

(ii)

making content generated by users available to other

users is a significant feature of the service;

(c)

“specified financial information” means the information

specified in paragraph 1 (1) (a) and (b) of Schedule 3A to the

Counter-Terrorism Act 2008 ;

(d)

“specified information about identification documents” means

the information specified in paragraph 2 (a) and (b) of that

Schedule ;

(e)

“user-to-user service” has the meaning given by section 3 of

the Online Safety Act 2023 .

Offences

(1)

A person commits an offence under the law of England and Wales

if the person fails, without reasonable excuse, to comply with a

requirement imposed by paragraph 1 (1) or (4) .

(2)

A person guilty of an offence under sub-paragraph (1) is liable on

summary conviction to a fine.

(3)

A person commits an offence under the law of England and Wales

if the person—

(a)

fails, without reasonable excuse, to comply with a

requirement imposed by paragraph 2 ;

(b)

gives a notification, in purported compliance with such a

requirement, of any information which the person knows to

be false.

(4)

A person guilty of an offence under sub-paragraph (3) is liable—

(a)

on summary conviction, to imprisonment for a term not

exceeding the general limit in a magistrates’ court or a fine,

or both;

(b)

on conviction on indictment, to imprisonment for a term not

exceeding 5 years or a fine, or both.”

(4)

In section 10 (notice requirements in relation to orders), after subsection (1)

insert—

“(1A)

For the purposes of subsection (1)(b) and sections 30(1), 31(4) and

32(3), the requirements imposed on a person by Schedule 1A are to

be treated as terms of the order.”

(5)

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

section 30 (2) ;

section 31 (5) , (7) and (8) ;

section 32 (4) , (6) and (7) .

Page 56

(6)

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

the following—

“relevant order

section 15A (1)

specified person

section 15A (3)”.

(7)

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

“(3)

A statutory instrument containing an order or regulations under any

of the following provisions may not be made unless a draft of the

instrument has been laid before and approved by a resolution of each

House of Parliament—

section 4(4);

section 49(6);

section 63(3);

section 69;

section 90;

paragraph 2 (5) (j) of Schedule 1A ;

paragraph 102 of Schedule 8.”

Orders by Crown Court on acquittal or when allowing an appeal

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

After section 19 insert—

“19A

Orders by Crown Court on acquittal or when allowing an appeal

(1)

The Crown Court in England and Wales may make an order under

this section in relation to a person who is acquitted of an offence by

or before the court, or where the court allows a person’s appeal against

a conviction for an offence, if—

(a)

the court is satisfied that the person has been involved in

serious crime (whether in England and Wales or elsewhere),

and

(b)

the court has reasonable grounds to believe that the order

would protect the public by preventing, restricting or disrupting

involvement by the person in serious crime in England and

Wales.

(2)

A court that makes an order by virtue of subsection (1) in the case of

a person who is already the subject of a serious crime prevention

order, or an interim serious crime prevention order, in England and

Wales must discharge the existing order.

(3)

An order under this section may contain—

(a)

such prohibitions, restrictions or requirements, and

(b)

such other terms,

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as the court considers appropriate for the purpose of protecting the

public by preventing, restricting or disrupting involvement by the

person concerned in serious crime in England and Wales.

(4)

The powers of the court in respect of an order under this section are

subject to sections 6 to 15 (safeguards).

(5)

An order under this section is also called a serious crime prevention

order.”

(3)

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

(a)

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

(b)

after that paragraph insert—

“(ba)

an order under section 19A (corresponding order of the

Crown Court on acquittal or when allowing an appeal);

or”.

(4)

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

(5)

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

(6)

In section 22 (3) —

(a)

after “section 19” insert “or 19A ”;

(b)

after “offence” insert “, acquittal or determination of an appeal”.

(7)

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

(8)

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

Part 4

Miscellaneous and general

Miscellaneous

Validation of fees charged in relation to qualifications

(1)

A fee charged at any time before the day on which this Act is passed by a

person to whom this section applies is taken to have been lawfully charged

if condition A, B or C is met.

(2)

Condition A is that the fee was charged in connection with services relating

to the comparability, recognition or assessment for immigration or nationality

purposes of a UK qualification or a non-UK qualification.

(3)

Condition B is that the fee was charged in connection with services relating

to the comparability, recognition or assessment of a non-UK qualification

obtained by a person where—

(a)

the person was employed or seeking employment with an early years

provider within the meaning of Part 3 of the Childcare Act 2006, and

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(b)

the status of the person’s non-UK qualification was relevant to the

welfare requirements imposed on early years providers under section

39(1)(b) of that Act.

(4)

Condition C is that the fee was charged in connection with—

(a)

the provision of a service pursuant to an international agreement or

arrangement requiring services to be provided relating to—

(i)

the comparability, recognition or assessment of UK

qualifications or non-UK qualifications, or

(ii)

the provision of information or advice about such qualifications

or the systems for awarding them, or

(b)

any associated services provided by a person providing services

mentioned in paragraph (a) .

(5)

This section applies to—

(a)

the Secretary of State, and

(b)

a person other than the Secretary of State who charged the fee pursuant

to arrangements between that person and the Secretary of State.

(6)

In this section—

“fee” includes charge;

“non-UK qualification” means a qualification issued by a body located

outside the United Kingdom;

“UK qualification” means a qualification issued by a body located in the

United Kingdom.

(7)

This section binds the Crown.

General

Financial provisions

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

(a)

any expenditure incurred under or by virtue of this Act by a Minister of the

Crown, a person holding office under His Majesty or by a government

department, and

(b)

any increase attributable to the Act in the sums payable under or by virtue

of any other Act out of money so provided.

Consequential and minor provision

(1)

The Secretary of State may by regulations make provision that is consequential

on this Act.

(2)

Regulations under subsection (1) may, in particular, amend, repeal or revoke

any enactment passed or made before, or in the same Session as, this Act.

(3)

In subsection (2) “enactment” includes—

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(a)

an enactment contained in subordinate legislation within the meaning

of the Interpretation Act 1978;

(b)

an enactment contained in, or in an instrument made under, an Act

of the Scottish Parliament;

(c)

an enactment contained in, or in an instrument made under, a Measure

or Act of Senedd Cymru;

(d)

an enactment contained in, or in an instrument made under, Northern

Ireland legislation.

(4)

In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration

Acts”), after the “and” at the end of paragraph (n) insert—

“(p)

the Border Security, Asylum and Immigration Act 2025, other

than sections 27 to 33 , Part 3 and section 53 .”

Regulations

(1)

A power to make regulations under any provision of this Act includes power

to make—

(a)

consequential, supplementary, incidental, transitional or saving

provision;

(b)

different provision for different purposes or areas.

(2)

Regulations under this Act are to be made by statutory instrument.

(3)

A statutory instrument containing any of the following (whether alone or

with other provision) may not be made unless a draft of the instrument has

been laid before and approved by a resolution of each House of Parliament—

(a)

regulations under section 15 (3) ;

(b)

regulations under section 33 (8) ;

(c)

regulations under section 46 (3) ;

(d)

regulations under section 55 (1) which amend, repeal or revoke primary

legislation.

(4)

Any other statutory instrument containing regulations under this Act is subject

to annulment in pursuance of a resolution of either House of Parliament.

(5)

This section does not apply to regulations under section 58 .

(6)

In this section “primary legislation” means—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

a Measure or Act of Senedd Cymru, or

(d)

Northern Ireland legislation.

Extent

(1)

This Act extends to England and Wales, Scotland and Northern Ireland, subject

to subsection (2) .

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(2)

An amendment or repeal made by this Act has the same extent within the

United Kingdom as the provision amended or repealed.

(3)

The following provisions also extend to the Channel Islands and the Isle of

Man and the British overseas territories—

(a)

section 38 (1) (a) so far as it repeals section 4(7) to (10) of the Illegal

Migration Act 2023 as it extends to the Channel Islands and the Isle

of Man and the British overseas territories by virtue of section 67(5)

of that Act;

(b)

section 38 (1) (e) so far as it repeals sections 31 to 37 of that Act;

(c)

section 39 (2) .

(4)

His Majesty may by Order in Council provide for any of the provisions of

this Act other than sections 1 to 12 , 24 , 27 to 33 , 36 to 39 and 42 and Part 3

to extend, with or without modifications, to any of the Channel Islands or

the Isle of Man.

(5)

A power under any provision listed in subsection (6) may be exercised so as

to extend (with or without modifications) to any of the Channel Islands or

the Isle of Man any amendment or repeal made by or under this Act of any

part of an Act to which the provision listed in subsection (6) relates.

(6)

Those provisions are—

(a)

section 36 of the Immigration Act 1971,

(b)

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

(c)

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

(d)

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

(e)

section 95(5) of the Immigration Act 2016.

Commencement

(1)

Subject to subsections (3) and (4) , this Act comes into force on such day as

the Secretary of State may by regulations appoint.

(2)

Different days may be appointed for different purposes or areas.

(3)

The following provisions come into force on the day on which this Act is

passed—

(a)

sections 37 to 39 ;

(b)

section 40 and Schedule 1 ;

(c)

section 41 (1) to (13) and (17) ;

(d)

this Part;

(e)

any other provision of this Act (including provision modifying other

legislation) so far as it confers power to make regulations or is

otherwise necessary for enabling the exercise of such a power on or

after the day on which this Act is passed.

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(4)

Sections 34 , 35 , 42 and 44 (except as brought into force by subsection (3) (e)

) come into force at the end of the period of two months beginning with the

day on which this Act is passed.

(5)

The Secretary of State may by regulations make transitional or saving provision

in connection with the coming into force of any provision of this Act.

(6)

The power to make regulations under subsection (5) includes power to make

different provision for different purposes or areas.

(7)

Regulations under this section are to be made by statutory instrument.

Short title

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

2025.

Page 62

Schedules

Schedule 1

Section 40

Immigration advisers and immigration service providers

Introductory

Part 5 of the Immigration and Asylum Act 1999 (immigration advisers and

immigration service providers) is amended as follows.

Appointment of Immigration Services Commissioner

In Schedule 5, in paragraph 12(1)(a) (period of office) for “of five years”

substitute “not exceeding five years”.

Appointment of Deputy Immigration Services Commissioner

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

substitute “may”.

Acting as Commissioner during vacancy etc

In Schedule 5, after paragraph 17 insert—

“Acting as Commissioner in event of vacancy etc

17A

(1)

Sub-paragraph (2) applies at any time when—

(a)

there is a vacancy in the office of Commissioner or the

Commissioner is unable to exercise the Commissioner’s

functions, and

(b)

no person has been appointed as Deputy Commissioner

under paragraph 16(1) or the Deputy Commissioner is

unable to act in the Commissioner’s place under paragraph

16(2).

(2)

A member of the Commissioner’s staff nominated by the Secretary

of State for the purposes of this paragraph may act in the

Commissioner’s place.”

Schedule 2

Section 49

Interim serious crime prevention orders: consequential amendments

Serious Crime Act 2007

The Serious Crime Act 2007 is amended as follows.

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In section 6 (individual must be 18 or over), after “order” insert “or an

interim serious crime prevention order”.

In section 7 (other exceptions), in subsections (1) , (1A) and (2) , after “serious

crime prevention order” insert “or an interim serious crime prevention

order”.

(1)

Section 9 (right of third parties to make representations) is amended as

follows.

(2)

In subsections (1) to (3) , after “serious crime prevention order” insert “or

an interim serious crime prevention order”.

(3)

In subsections (4) and (4A) , after “serious crime prevention order” insert

“or interim serious crime prevention order”.

(4)

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

serious crime prevention order”.

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

serious crime prevention order”.

In section 12 (restrictions for legal professional privilege), in subsections

(1) and (4A) after “order” insert “or an interim serious crime prevention

order”.

In section 13 (restrictions on excluded material and banking information),

in subsections (1) and (2) , after “serious crime prevention order” insert “or

an interim serious crime prevention order”.

In section 14 (1) (restrictions relating to other enactments), after “order”

insert “or an interim serious crime prevention order”.

In section 15 (1) (restrictions on use of information obtained), after “order”

insert “or an interim serious crime prevention order”.

(1)

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

(2)

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

order”.

(3)

In subsection (5)—

(a)

for “an order”, in the first place it occurs, substitute “a serious crime

prevention order or an interim serious crime prevention order”;

(b)

after “provision of” insert “such”.

(1)

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

(2)

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

an interim serious crime prevention order”;

(3)

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

order”;

(4)

After that subsection insert—

“(3A)

An application for the variation of an interim serious crime

prevention order under this section may be made by—

(a)

the relevant applicant authority (but see subsection (7A)),

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(b)

the person who is the subject of the order, or

(c)

subject as follows, any other person.”;

(5)

In subsection (4) , for “The” substitute “In the case of an application for the

variation of a serious crime prevention order, the”.

(6)

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

(7)

In subsection (8) —

(a)

after “(3)(a)” insert “or (3A) (a) ”;

(b)

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

(8)

After subsection (9) (as inserted by section 45(3)) insert—

“(10)

In this section “relevant applicant authority”, in relation to an interim

serious crime prevention order, means—

(a)

where the order was applied for by the chief officer of police

of a police force in England and Wales, the chief officer of

police of any such police force;

(b)

in any other case, the person who applied for the order.”

(1)

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

(2)

In subsection (1) (a) , (aa) and (b) , after “order” insert “or an interim serious

crime prevention order”.

(3)

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

order”.

(4)

After that subsection insert—

“(2A)

An application for the discharge of an interim serious crime

prevention order may be made by—

(a)

the relevant applicant authority (but see subsection (7)),

(b)

the person who is the subject of the order, or

(c)

subject as follows, any other person.”

(5)

In subsection (3) , for “The” substitute “In the case of an application for the

discharge of a serious crime prevention order, the”.

(6)

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

(1)

Section 20 (powers of Crown Court to vary orders on conviction) is

amended as follows.

(2)

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

crime prevention order”.

(3)

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

(1)

Section 21 (powers of Crown Court to vary or replace orders on breach) is

amended as follows.

(2)

In subsections (1) (a) and (b) and (3) , after “order” insert “or an interim

serious crime prevention order”.

(3)

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

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(4)

For subsection (8) substitute—

“(8)

In this section—

(a)

a reference to replacing a serious crime prevention order is

to making a new serious crime prevention order and

discharging the existing one;

(b)

a reference to replacing an interim serious crime prevention

order is to making a new interim serious crime prevention

order and discharging the existing one.”

In section 22 (inter-relationship between different types of orders in England

and Wales or Northern Ireland), in subsections (1) , (2) and (4) , after “order”

insert “or an interim serious crime prevention order”.

(1)

In section 22B (powers of High Court of Justiciary and sheriff to vary orders

on conviction) is amended as follows.

(2)

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

prevention order”.

(3)

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

(1)

In section 22C (powers of High Court of Justiciary and sheriff to vary or

replace orders on breach) is amended as follows.

(2)

In subsection (1) (a) (i) and (ii) and (b) , after “order” insert “or an interim

serious crime prevention order”.

(3)

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

(4)

For subsection (6) substitute—

“(6)

In this section—

(a)

a reference to replacing a serious crime prevention order is

to making a new serious crime prevention order and

discharging the existing one;

(b)

a reference to replacing an interim serious crime prevention

order is to making a new interim serious crime prevention

order and discharging the existing one.”

(1)

Section 22D (inter-relationship between different types of orders in Scotland)

is amended as follows.

(2)

After subsection (1) insert—

“(1A)

An interim serious crime prevention order made by the appropriate

court under section 5E or varied under section 17(1A) may be varied

under section 22B(2) or 22C(2).”

(3)

In subsection (2) , for the words from “made” to “section 17(1A)” substitute

“or an interim serious crime prevention order”.

(4)

For subsection (4) substitute—

“(4)

A decision by the High Court of Justiciary or (as the case may be)

the sheriff not to vary a serious crime prevention order or an interim

serious crime prevention order under section 22B(2) or 22C(2) does

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not prevent a subsequent application under section 17(1A) for a

variation of the order in consequence of the same offence.”

(1)

Section 22E (extension of orders pending outcome of criminal proceedings)

is amended as follows.

(2)

In subsection (1) —

(a)

in the words before paragraph (a) , after “order” insert “or an interim

serious crime prevention order”;

(b)

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

prevention order”.

(3)

In subsection (2) , in each place it occurs, after “order” insert “or an interim

serious crime prevention order”.

(4)

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

(5)

In subsection (4) —

(a)

in paragraph (a) (ii) , after “22C,” insert “or a new interim serious

crime prevention order is made under section 21 or 22C,”;

(b)

in paragraph (d) , after “serious crime prevention order” insert “or

an interim serious crime prevention order”;

(c)

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

prevention order”.

(6)

In subsection (5) —

(a)

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

(b)

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

(7)

In subsection (6) , in each place it occurs, after “serious crime prevention

order” insert “or an interim serious crime prevention order”.

(8)

After that subsection insert—

“(7)

An order may be made under this section in relation to an interim

serious crime prevention order only if—

(a)

the order is still in force, and

(b)

the court or sheriff considers it just to do so.”

(1)

Section 23 (additional right of appeal from High Court) is amended as

follows.

(2)

After subsection (1) insert—

“(1A)

An appeal may be made to the Court of Appeal in relation to a

decision of the High Court—

(a)

to make an interim serious crime prevention order,

(b)

to vary, or not to vary, such an order, or

(c)

to discharge or not to discharge such an order.

(1B)

An appeal under subsection (1A) may be made by any person on

whom the court considers the decision has had, or is likely to have,

a significant adverse effect.”

(3)

In subsection (2) —

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(a)

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

(b)

after “serious crime prevention orders” insert “or interim serious

crime prevention orders”.

In section 24 (appeals from Crown Court), in subsections (1) , (2) and (11)

, after “serious crime prevention order” insert “or an interim serious crime

prevention order”.

(1)

Section 24A (additional right of appeal from Court of Session) is amended

as follows.

(2)

After subsection (1) insert—

“(1A)

An appeal may be made to the Inner House of the Court of Session

in relation to a decision of the Outer House of the Court of Session—

(a)

to make an interim serious crime prevention order,

(b)

to vary, or not to vary, such an order, or

(c)

to discharge or not to discharge such an order.

(1B)

An appeal under subsection (1A) may be made by any person on

whom the court considers the decision has had, or is likely to have,

a significant adverse effect.”

(3)

In subsection (2) —

(a)

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

(b)

after “serious crime prevention orders” insert “or interim serious

crime prevention orders”.

In section 27 (powers to wind up companies etc: England and Wales), in

subsections (1) (a) , (4) (a) and (7) (a) , after “order” insert “or an interim serious

crime prevention order”.

In section 27A (powers to wind up companies etc: Scotland), in subsections

(1)(a), (1A)(a), (4)(a), (5)(a) and (8)(a), after “order” insert “or an interim

serious crime prevention order”.

In section 28 (powers to wind up companies etc: Northern Ireland), in

subsections (1) (a) , (1A) (a) , (4) (a) and (7) (a) , after “order” insert “or an interim

serious crime prevention order”.

(1)

Section 30 (notices to bodies corporate including limited liability

partnerships) is amended as follows.

(2)

In subsection (1) —

(a)

in the words before paragraph (a) —

(i)

after “section 10” insert “or 10A ”;

(ii)

after “serious crime prevention order” insert “or an interim

serious crime prevention order”;

(b)

in paragraph (b) , for “subsection (3) of that section” substitute

“section 10(3) or 10A (3) ”.

(3)

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

order”.

(1)

Section 31 (other partnerships) is amended as follows.

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(2)

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

order”.

(3)

In subsection (4) —

(a)

in the words before paragraph (a) —

(i)

after “section 10” insert “or 10A ”;

(ii)

after “serious crime prevention order” insert “or an interim

serious crime prevention order”;

(b)

in paragraph (b) , for “subsection (3) of that section” substitute

“section 10(3) or 10A (3) ”.

(4)

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

prevention order”.

(1)

Section 32 (unincorporated associations) is amended as follows.

(2)

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

order”.

(3)

In subsection (3) —

(a)

in the words before paragraph (a) —

(i)

after “section 10” insert “or 10A ”;

(ii)

after “serious crime prevention order” insert “or an interim

serious crime prevention order”;

(b)

in paragraph (b) , for “subsection (3) of that section” substitute

“section 10(3) or 10A (3) ”.

(4)

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

order”.

In section 34 (providers of information society services), in subsections (1) ,

(5) and (6) , after “order” insert “or an interim serious crime prevention

order”.

In section 35 (1) (proceedings in the High Court), after “orders” insert “or

interim serious crime prevention orders”.

In section 36 (proceedings in the Crown Court), in subsections (3) (b) and

(6) , after “serious crime prevention order” insert “or an interim serious

crime prevention order”

(1)

Section 36A (proceedings in the High Court of Justiciary and sheriff court)

is amended as follows.

(2)

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

prevention order”.

(3)

In subsection (6) —

(a)

after “order”, in the first place it occurs, insert “or an interim serious

crime prevention order”;

(b)

after “order”, in the second place it occurs, insert “or a new interim

serious crime prevention order”.

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(1)

Section 38 (disclosure of information in accordance with orders) is amended

as follows.

(2)

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

order”.

(3)

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

orders”.

(1)

Section 39 (compliance with orders: authorised monitors) is amended as

follows.

(2)

In subsections (1) , (3) , (4) , (6) , (7) and (8) , after “serious crime prevention

order” insert “or an interim serious crime prevention order”.

(3)

In subsection (10) , in the definitions of “monitoring services” and “specified”,

after “serious crime prevention order” insert “or an interim serious crime

prevention order”.

In section 40 (9) (costs in relation to authorised monitors), in paragraphs

(a) , (aa) and (b) , after “orders” insert “or interim serious crime prevention

orders”.

In section 41 (powers of law enforcement officers to retain documents), in

subsections (1) (a) and (2) , after “order” insert “or an interim serious crime

prevention order”.

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

“interim serious crime prevention order

section 5E”.

(1)

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

(2)

In paragraph 1 —

(a)

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

prevention orders”;

(b)

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

prevention order”;

(c)

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

crime prevention orders”.

(3)

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

interim serious crime prevention order”.

(4)

In paragraph 5 , after “orders” insert “, and interim serious crime prevention

orders,”.

(5)

In paragraph 12 —

(a)

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

prevention orders”;

(b)

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

prevention order”;

(c)

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

crime prevention orders”.

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(6)

In paragraph 15 , after “orders” insert “, and interim serious crime prevention

orders,”.

(7)

In paragraph 15A —

(a)

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

prevention orders”;

(b)

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

prevention order”;

(c)

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

crime prevention orders”.

(8)

In paragraph 15C —

(a)

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

prevention orders”;

(b)

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

prevention order”;

(c)

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

crime prevention orders”.

(9)

In paragraph 16 —

(a)

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

prevention orders”;

(b)

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

prevention order”;

(c)

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

prevention orders”.

(10)

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

prevention order”.

(11)

In paragraph 20A —

(a)

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

prevention orders”;

(b)

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

prevention order”;

(c)

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

crime prevention orders”.

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Amendments

Opposition Amendment NC27

This amendment was NOT CALLED

To move the following Clause—
“Repeal of certain provisions of the Nationality and Borders Act 2022
The following provisions of the Nationality and Borders Act 2022 are repealed—
(a) sections 12 to 65; and
(b) sections 68 and 69.”

Type: Opposition

Signatures: 3

Lisa Smart (LD - Hazel Grove)

Liberal Democrat Spokesperson (Cabinet Office)

Susan Murray (LD - Mid Dunbartonshire)

Liberal Democrat Spokesperson (Scotland)

Will Forster (LD - Woking)

Liberal Democrat Spokesperson (Immigration and Asylum)

Member's explanatory statement

This new clause would repeal specified provisions of the Nationality and Borders Act 2022.

Government Amendment NC5

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

To move the following Clause—
“Extension of prohibition on employment to other working arrangements
(1) The Immigration, Asylum and Nationality Act 2006 is amended as follows.
(2) In the italic heading before section 15, after “Employment” insert “and other working arrangements”.
(3) Before section 15, after the italic heading insert—
“14A Application of sections 15 to 24 to other working arrangements
(1) In sections 15 to 24, a reference to a person employing another person includes a reference to—
(a) a person (“person A”) engaging an individual (“individual A”) under a worker’s contract,
(b) a person (“person B”) engaging an individual sub-contractor (“individual B”), and
(c) an online matching service (“person C”) providing the details of an individual who is a service provider (“individual C”) to potential clients or customers.
(2) Accordingly—
(a) references in sections 15 to 24 to employment include engagement of the kind mentioned in paragraph (a) or (b) of subsection (1) or the provision of details as mentioned in paragraph (c) of that subsection;
(b) references in those sections to an employer include person A, person B or person C;
(c) references in those sections to an employee include individual A, individual B or individual C.
(3) In this section—
“worker’s contract” means a contract, other than a contract of service or apprenticeship, under which—
(a) individual A undertakes to do or perform personally work or services for person A or another person (whether or not that other person is specified in the contract), and
(b) person A is neither a client nor customer of any profession or business undertaking carried on by individual A;
“individual sub-contractor” means an individual (“individual B”) who has entered into a contract with person B to provide work or services in circumstances where person B has entered into a contract with a third party to provide, or arrange for the provision of, the work or services but individual B has not;
“online matching service” means a person who, in the course of a business—
(a) keeps a register of service providers for the purpose of matching them with potential clients or customers,
(b) provides an online service by which potential clients or customers can submit enquiries for the purpose of being matched with suitable service providers, and
(c) charges a fee or commission in return for making such matches;
“service provider” means a person providing, or seeking to provide, work or services for remuneration.
(4) Subsection (1)(a), and subsection (2) so far as it has effect in consequence of subsection (1)(a), do not apply if and to the extent that—
(a) under the worker’s contract, individual A undertakes to do or perform personally work or services for a person other than person A (whether or not that other person is specified in the contract), and
(b) the status of a person for whom individual A does or performs work or services under the contract is that of a client or customer of a profession or business undertaking carried on by individual A.
(5) In this section a reference to a contract includes a contract that is express or implied and (if it is express) whether oral or in writing.
(6) This section is subject to subsection (2) of section 15A (which provides for subsection (1)(a) of that section not to apply to in relation to an online matching service).”
(4) After section 15 insert—
“15A Extension of liability under section 15
(1) Subsection (4) applies where a person (“A”)—
(a) employs an individual to provide work or services, or
(b) is contracted to provide, or arrange for the provision of, work or services and enters into a contract under which another person is to provide, or arrange for the provision of, the work or services (or part of the work or services).
(2) The reference in subsection (1)(a) to A employing an individual does not include A doing so as mentioned in section 14A(1)(c) (online matching services).
(3) Subsection (4) also applies where—
(a) a person (“A”) is an online matching service who provides the details of another person who is a service provider to potential clients or customers, and
(b) as result of being matched by person A, the service provider enters into a contract with a client or customer for the provision of work or services.
(4) For the purposes of section 15, and where this would not otherwise be the case, A is to be treated as employing any individual (“B”) who personally provides the work or services (or any part of the work or services), including where—
(a) A is not in a contractual relationship with B, or
(b) A does not know that B is providing the work or services (or part of the work or services).
(5) Subsection (4) applies where A is contracted to provide, or arrange for the provision of, the work or services regardless of whether that contract is the first or any other contract in a chain of contracts to provide, or arrange for the provision of, the work or services (or part of the work or services).
(6) This section does not affect the liability of any other employer under section 15.
(7) In sections 15, 16, 17, 23 and 24 a reference to a person employing another person includes a reference to a person who is treated as doing so by virtue of subsection (4); and references in those sections to employment, employers and employees are to be construed accordingly.
(8) In this section “online matching service” and “service provider” have the same meaning as in section 14A.”
(5) In section 25—
(a) in paragraph (b), at the beginning insert “subject to sections 14A and 15A,”,
(b) in paragraph (b), leave out from “whether” to the end of the paragraph, and
(c) after that paragraph insert—
“(ba) a reference to a contract includes a contract that is express or implied and (if it is express) whether oral or in writing,”.”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This new clause amends the Immigration, Asylum and Nationality Act 2006 to extend the obligations currently placed on employers to other arrangements.

Government Amendment NC6

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

To move the following Clause—
“Timeframe for determination of appeal brought by appellant receiving accommodation support
After section 86 of the Nationality, Immigration and Asylum Act 2002 insert—
“86A Timeframe for determination of appeal under section 82(1)(a) where appellant is receiving accommodation support
(1) This section applies on an appeal under section 82(1)(a) brought by a person to whom, at the time the appeal is instituted, accommodation is being provided under section 95 or 98 of the Immigration and Asylum Act 1999.
(2) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.
(3) But subsection (2) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.””

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This new clause provides that where a person receiving accommodation support appeals against a decision to refuse their protection claim, the First-tier Tribunal must determine the appeal within 24 weeks unless it is not reasonably practicable to do so.

Government Amendment NC7

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

To move the following Clause—
“Timeframe for determination of certain appeals brought by non-detained appellants liable to deportation
(1) After section 86A of the Nationality, Immigration and Asylum Act 2002 (as inserted by section (Timeframe for determination of appeal brought by appellant receiving accommodation support)) insert—
“86B Timeframe for determination of appeal brought by certain non-detained appellants liable to deportation
(1) This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection (2).
(2) A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person—
(a) is not detained (whether under any provision of the Immigration Acts or otherwise),
(b) has been convicted of an offence (whether in or outside the United Kingdom), and
(c) is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good).
(3) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.
(4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.”
(2) In Schedule 2 to the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (application of the 2002 Act to appeals to the Tribunal)—
(a) in paragraph 1, after paragraph (b) insert—
“(ba) section 86B;”
(b) in paragraph 3, after sub-paragraph (5) insert—
(5A)Section 86B has effect as if for subsection (4) there were substituted—
(4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.””
(3) In Schedule 2 to the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals to the First-tier Tribunal), as it continues to have effect following its revocation, after paragraph 1 insert—
“1A Section 86B of the 2002 Act (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) applies in relation to an appeal under these Regulations to the First-tier Tribunal as it applies in relation to an appeal under section 82(1) of the 2002 Act but as if for subsection (4) there were substituted—
“(4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.”””

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This new clause provides that in certain cases where a non-detained person who has been convicted of an offence and who is liable to deportation brings an appeal, the First-tier Tribunal must determine the appeal within 24 weeks unless it is not reasonably practicable to do so.

Government Amendment NC8

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

To move the following Clause—
“Refugee Convention: particularly serious crime
(1) Section 72 of the Nationality, Immigration and Asylum Act 2002 (construction and application of Article 33(2) of Refugee Convention) is amended as follows.
(2) After subsection (5) insert—
“(5ZA) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
(a) the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and
(b) the person is not, by virtue of the conviction, a person falling within subsection (2).
(5ZB) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
(a) the person is convicted outside the United Kingdom of an offence,
(b) the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and
(c) the person is not, by virtue of the conviction, a person falling within subsection (3).”
(3) After subsection (5A) insert—
“(5B) A person presumed to have been convicted of a particularly serious crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to constitute a danger to the community of the United Kingdom.”
(4) In subsection (6), for “subsection (5A)” substitute “subsection (5ZA) or (5ZB) that a person has been convicted by a final judgment of a particularly serious crime or under subsection (5A) or (5B)”.
(5) In subsection (7), for “(5A)” substitute “(5ZA), (5ZB), (5A) or (5B)”.
(6) In subsection (8), after “(5A)” insert “or (5B)”.
(7) In subsection (9)(b), for “(5A)” substitute “(5ZA), (5ZB) , (5A) or (5B)”.
(8) In subsection (10)(b), for “(5A)” substitute “(5ZA), (5ZB) , (5A) or (5B)”.”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This new clause provides that where a person has been convicted of certain sexual offences there is to be a rebuttable presumption that the person has been convicted of a particularly serious crime and constitutes a danger to the community of the United Kingdom for the purposes of the Refugee Convention.

Amendment NC1

Tabled: 27 Mar 2025
Notices of Amendments as at 27 March 2025

This amendment was NOT CALLED

To move the following Clause—
“Duty to report and publish data on deaths in the asylum system and small boat crossings
(1) The Secretary of State must, on a quarterly basis, publish and lay before Parliament a report that includes the number of deaths that have occurred in relation to the UK asylum system in the three months preceding the date specified in that report.
(2) The specified date under subsection (1) must be no more than six months prior to the date of publication.
(3) A report under subsection (1) must include―
(a) The total number of deaths occurring, during the specified period, of persons who were, at the time of death―
(i) in receipt of accommodation under sections 4, 95 or 98 of the Immigration and Asylum Act 1999; or
(ii) awaiting the outcome of a claim for asylum while residing in other forms of accommodation or at no fixed abode; or
(iii) undertaking an unauthorised crossing of the English Channel;
(b) the cause of death for each person reported, if known; and
(c) the locations in which each death occurred, if known.
(4) The first report under this section must be made published no later than one year after the passing of this Act.
(5) For the purposes of this section―
(a) A “claim for asylum” is defined in accordance with section 167 of the Immigration and Asylum Act 1999; and
(b) an “unauthorised crossing” is a sea crossing made by an individual without leave to enter the United Kingdom, made from dry land in France, Belgium or the Netherlands for the purpose of reaching dry land in the United Kingdom.”

Type: Backbencher

Signatures: 25

Nadia Whittome (Lab - Nottingham East) - 27 Mar 2025
Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 27 Mar 2025
Zarah Sultana (Ind - Coventry South) - 27 Mar 2025
Olivia Blake (Lab - Sheffield Hallam) - 27 Mar 2025
Ian Byrne (Lab - Liverpool West Derby) - 27 Mar 2025
Rachael Maskell (Ind - York Central) - 27 Mar 2025
Alex Sobel (LAB - Leeds Central and Headingley) - 27 Mar 2025
Neil Duncan-Jordan (Ind - Poole) - 27 Mar 2025
Kim Johnson (Lab - Liverpool Riverside) - 27 Mar 2025
Jeremy Corbyn (Ind - Islington North) - 27 Mar 2025
Steve Witherden (Lab - Montgomeryshire and Glyndwr) - 27 Mar 2025
Ellie Chowns (Green - North Herefordshire) - 27 Mar 2025

Green Spokesperson (Foreign Affairs)

Apsana Begum (Lab - Poplar and Limehouse) - 27 Mar 2025
Chris Hinchliff (Ind - North East Hertfordshire) - 27 Mar 2025
Carla Denyer (Green - Bristol Central) - 27 Mar 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 27 Mar 2025

Green Spokesperson (Crime and Policing)

Mary Glindon (Lab - Newcastle upon Tyne East and Wallsend) - 27 Mar 2025
Richard Burgon (Lab - Leeds East) - 27 Mar 2025
Iqbal Mohamed (Ind - Dewsbury and Batley) - 27 Mar 2025
Adrian Ramsay (Green - Waveney Valley) - 27 Mar 2025

Green Spokesperson (Treasury)

Ben Lake (PC - Ceredigion Preseli) - 27 Mar 2025
Ann Davies (PC - Caerfyrddin) - 27 Mar 2025
Llinos Medi (PC - Ynys Môn) - 27 Mar 2025
Liz Saville Roberts (PC - Dwyfor Meirionnydd) - 27 Mar 2025
Andy McDonald (Lab - Middlesbrough and Thornaby East) - 27 Mar 2025

Member's explanatory statement

This new clause would require the Home Office to publish quarterly statistics and information on deaths in the asylum system and in small boat channel crossings.

Amendment NC2

Tabled: 22 Apr 2025
Notices of Amendments as at 22 April 2025

This amendment was NOT CALLED

To move the following Clause—
“Reports on restrictions on asylum seekers engaging in employment
(1) The Secretary of State must publish a report explaining what progress has been made towards providing asylum applicants with the right to take up employment whilst their application is being determined.
(2) A report under subsection (1) must be published—
(a) by 31 December 2025, or
(b) within three months of the passing of this Act,
whichever is earliest
(3) The Secretary of State must make a further report under subsection (1) at least every twelve calendar month after the publication of the first report, until the restrictions on asylum seekers engaging in employment are removed.
(4) Any report under subsection (1) must include a review of—
(a) the current 12 month waiting period attached to the permission to work, and
(b) the restriction of roles to the Immigration Salary List.
(5) The Secretary of State must make arrangements for—
(a) a copy of any report published under subsection (1) to be laid before both Houses of Parliament before the end of the day on which it is published, or the next sitting day if it is published on a non-sitting day;
(b) the House of Commons to debate a motion, made by a Minister of the Crown, to the effect that the House of Commons has considered the report; and
(c) the House of Lords to debate a motion, made by a Minister of the Crown, to the effect that the House of Lords has considered the report.
(6) The debates required under subsections (5)(b) and (c) must take place within 25 sitting days of the day on which the report is laid before Parliament.”

Type: Backbencher

Signatures: 19

Alex Sobel (LAB - Leeds Central and Headingley) - 22 Apr 2025
Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 22 Apr 2025
Zarah Sultana (Ind - Coventry South) - 22 Apr 2025
Olivia Blake (Lab - Sheffield Hallam) - 22 Apr 2025
Ian Byrne (Lab - Liverpool West Derby) - 22 Apr 2025
Beccy Cooper (Lab - Worthing West) - 22 Apr 2025
Nadia Whittome (Lab - Nottingham East) - 22 Apr 2025
Apsana Begum (Lab - Poplar and Limehouse) - 22 Apr 2025
Carla Denyer (Green - Bristol Central) - 22 Apr 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 22 Apr 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 22 Apr 2025

Green Spokesperson (Foreign Affairs)

Claire Hanna (SDLP - Belfast South and Mid Down) - 22 Apr 2025
Mary Glindon (Lab - Newcastle upon Tyne East and Wallsend) - 22 Apr 2025
Adrian Ramsay (Green - Waveney Valley) - 22 Apr 2025

Green Spokesperson (Treasury)

Ben Lake (PC - Ceredigion Preseli) - 22 Apr 2025
Ann Davies (PC - Caerfyrddin) - 22 Apr 2025
Llinos Medi (PC - Ynys Môn) - 22 Apr 2025
Liz Saville Roberts (PC - Dwyfor Meirionnydd) - 22 Apr 2025
Andy McDonald (Lab - Middlesbrough and Thornaby East) - 22 Apr 2025

Member's explanatory statement

This new clause would require the Secretary of State to report back to Parliament annually on the Government's working rights policies for people in the asylum system, and for both Houses of Parliament to debate a motion on the report.

Opposition Amendment NC3

Tabled: 02 May 2025
Notices of Amendments as at 2 May 2025

This amendment was NEGATIVED ON DIVISION

To move the following Clause—
“Duty to publish a strategy on safe and managed routes
(1) The Secretary of State must, within six months of the passing of this Act, publish a strategy on the Government’s efforts to establish additional safe and legal routes for persons to seek asylum in the United Kingdom.
(2) A report under subsection (1) must be laid before Parliament.”

Type: Opposition

Signatures: 24

Pete Wishart (SNP - Perth and Kinross-shire) - 02 May 2025

Shadow SNP Spokesperson (Home Affairs)

Kirsty Blackman (SNP - Aberdeen North) - 02 May 2025

SNP Chief Whip

Stephen Flynn (SNP - Aberdeen South) - 02 May 2025

SNP Westminster Leader

Brendan O'Hara (SNP - Argyll, Bute and South Lochaber) - 02 May 2025

Shadow SNP Spokesperson (Cabinet Office)

Dave Doogan (SNP - Angus and Perthshire Glens) - 02 May 2025

Shadow SNP Spokesperson (Defence)

Chris Law (SNP - Dundee Central) - 02 May 2025

Shadow SNP Spokesperson (Business)

Stephen Gethins (SNP - Arbroath and Broughty Ferry) - 02 May 2025

Shadow SNP Spokesperson (Scotland)

Graham Leadbitter (SNP - Moray West, Nairn and Strathspey) - 02 May 2025

Shadow SNP Spokesperson (Energy Security and Net Zero)

Seamus Logan (SNP - Aberdeenshire North and Moray East) - 02 May 2025

Shadow SNP Spokesperson (Environment, Food and Rural Affairs)

Jeremy Corbyn (Ind - Islington North) - 02 May 2025
Shockat Adam (Ind - Leicester South) - 02 May 2025
Apsana Begum (Lab - Poplar and Limehouse) - 02 May 2025
Carla Denyer (Green - Bristol Central) - 02 May 2025

Green Spokesperson (Immigration)

Ellie Chowns (Green - North Herefordshire) - 02 May 2025

Green Spokesperson (Foreign Affairs)

Siân Berry (Green - Brighton Pavilion) - 02 May 2025

Green Spokesperson (Crime and Policing)

Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 02 May 2025
Claire Hanna (SDLP - Belfast South and Mid Down) - 02 May 2025
Iqbal Mohamed (Ind - Dewsbury and Batley) - 02 May 2025
Zarah Sultana (Ind - Coventry South) - 02 May 2025
Adrian Ramsay (Green - Waveney Valley) - 02 May 2025

Green Spokesperson (Treasury)

Ben Lake (PC - Ceredigion Preseli) - 02 May 2025
Ann Davies (PC - Caerfyrddin) - 02 May 2025
Llinos Medi (PC - Ynys Môn) - 02 May 2025
Liz Saville Roberts (PC - Dwyfor Meirionnydd) - 02 May 2025

Member's explanatory statement

This new clause would require the Secretary of State to publish and lay before Parliament a strategy on the development of safe and managed routes for people to seek asylum in the UK.

Amendment NC4

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was NOT CALLED

Type: Backbencher

Signatures: 6

Carolyn Harris (Lab - Neath and Swansea East) - 07 May 2025
Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 07 May 2025
Zarah Sultana (Ind - Coventry South) - 07 May 2025
Carla Denyer (Green - Bristol Central) - 07 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 07 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 07 May 2025

Green Spokesperson (Foreign Affairs)

Member's explanatory statement

This new clause would repeal specified provisions of the Nationality and Borders Act 2022, relating to modern slavery victims.

Opposition Amendment NC9

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Humanitarian Assistance
A person (“P”) does not commit an offence under section 13 (supplying articles for use in immigration crime), section 14 (handling articles for use in immigration crime), or section 16 (collecting information for use in immigration crime) if P’s action was for the purposes of providing humanitarian assistance.”

Type: Opposition

Signatures: 8

Pete Wishart (SNP - Perth and Kinross-shire) - 07 May 2025

Shadow SNP Spokesperson (Home Affairs)

Apsana Begum (Lab - Poplar and Limehouse) - 07 May 2025
Carla Denyer (Green - Bristol Central) - 07 May 2025

Green Spokesperson (Immigration)

Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 07 May 2025
Siân Berry (Green - Brighton Pavilion) - 07 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 07 May 2025

Green Spokesperson (Foreign Affairs)

Zarah Sultana (Ind - Coventry South) - 07 May 2025
Adrian Ramsay (Green - Waveney Valley) - 07 May 2025

Green Spokesperson (Treasury)

Member's explanatory statement

This new clause would ensure that individuals who provide humanitarian assistance would not be considered as having committed the new criminal offences created by clauses 13, 14 and 16 of this Bill.

Opposition Amendment NC10

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Functions of the Commander in relation to sea crossings to United Kingdom
(1) In exercising the Commander’s functions in relation to sea crossings to the United Kingdom, the Commander must have regard to the objectives of—
(a) preventing the boarding of vessels, with the aim of entering the United Kingdom, by persons who require leave to enter the United Kingdom but are seeking to enter the United Kingdom—
(i) without leave to enter, or
(ii) with leave to enter that was obtained by means which included deception by any person;
(b) ensuring that a decision is taken on a claim by a person under subsection (1)(a) within six months of the person’s arrival in the United Kingdom; and
(c) making arrangements with a safe third country for the removal of a person who enters the United Kingdom without leave, or with leave that was obtained by deception.
(2) The Commander must include, in the strategic priority document issued under section 3(2), an assessment of—
(a) the most effective methods for deterring illegal entry into the United Kingdom;
(b) the most effective methods for reducing the number of sea crossings made by individuals without leave to enter the United Kingdom; and
(c) the most effective methods for arranging the removal, to the person’s own country or a safe third country, of a person who enters the United Kingdom illegally.
(3) For the purposes of this section—
(a) “sea crossings” are journeys from dry land in France, Belgium or the Netherlands for the purpose of reaching dry land in the United Kingdom; and
(b) illegal entry to the United Kingdom is defined in accordance with section 24 of the Immigration Act 1971 (illegal entry and similar offences).”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause sets out objectives and strategic priorities for the Border Security Commander in relation to sea crossings and arrangements with a safe third country for the removal of people who enter the UK illegally.

Opposition Amendment NC11

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Qualification period for Indefinite Leave to Remain in the United Kingdom
(1) The minimum qualification period for applications for indefinite leave to remain in the United Kingdom is a period of ten years.
(2) The qualification period in subsection (1) applies to a person who has—
(a) a tier 2, T2, International Sportsperson or Skilled Worker visa,
(b) a Scale-up Worker visa,
(c) a Global Talent, Tier 1 Entrepreneur or Investor visa,
(d) an Innovator Founder visa,
(e) a UK Ancestry visa, or
(f) a partner holding UK citizenship.
(3) A person who has lived in the United Kingdom for ten years or more but does not meet the criteria in subsection (2) cannot apply for indefinite leave to remain in the United Kingdom.”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause would extend the qualification period for applying for Indefinite Leave to Remain in the UK to ten years and abolish the long-stay route, through which a person can apply for Indefinite Leave to Remain based on having lived in the UK for ten years or more.

Opposition Amendment NC12

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Age assessments: use of scientific methods
The Secretary of State must, within six months of the passing of this Act, lay before Parliament—
(a) a statutory instrument containing regulations under section 52 of the Nationality and Borders Act 2022 specifying scientific methods that may be used for the purposes of age assessments, and
(b) a statutory instrument containing regulations under section 58 of the Illegal Migration Act 2023 making provision about refusal to consent to scientific methods for age assessments.”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause would require the Secretary of State to make regulations to specify scientific methods for assessing a person’s age and to disapply the requirement for consent for scientific methods to be used.

Opposition Amendment NC13

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Revocation of indefinite leave to remain in certain circumstances
(1) Indefinite leave to remain in the United Kingdom is revoked with respect to a person (“P”) if any of the following conditions apply.
(2) Condition 1 is that P is defined as a “foreign criminal” under section 32 of the UK Borders Act 2007.
(3) Condition 2 is that P was granted indefinite leave to remain after the coming into force of this Act, but would not be eligible for indefinite leave under the requirements of section [Qualification period for Indefinite Leave to Remain in the United Kingdom].
(4) Condition 3 is that P, or any dependents of P, have been in receipt of any form of “social protection” (including housing) from HM Government or a local authority, where “social protection” is defined according to the Treasury’s Public Expenditure Statistical Analyses, subject to any further definition by immigration rules.
(5) Condition 4 is that P’s annual income has fallen below £38,700 for six months or more in aggregate during the relevant qualification period, or subsequent to receiving indefinite leave to remain.
(6) A person who has entered the United Kingdom—
(a) under the Ukraine visa schemes;
(b) under the Afghan Citizens Resettlement Scheme;
(c) under the Afghan Relocations and Assistance Policy; or
(d) on a British National Overseas visa,
is exempt from the requirements of Condition 2, Condition 3, and Condition 4.
(7) For the purposes of subsection (5)—
(a) the condition applies only to earnings that have been lawfully reported to, or subject to withholding tax by, HM Revenue and Customs; and
(b) the relevant sum of annual income must be adjusted annually by the Secretary of State through immigration rules to reflect inflation.
(8) The Secretary of State may by immigration rules vary the conditions set out in this section.”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause would revoke indefinite leave where a person is a foreign criminal, has been in receipt of benefits, earns below the national median income, or (for those granted indefinite leave after the coming into force of this Act) would not meet the requirements sought to be imposed by NC11.

Opposition Amendment NC14

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NEGATIVED ON DIVISION

To move the following Clause—
“Borders legislation: Human Rights Act
(1) This section applies to any provision made by or by virtue of this Act, the Illegal Migration Act 2023, the Immigration Acts, and any legislation relating to immigration, deportation, or asylum, including the Immigration Rules within the meaning of the Immigration Act 1971.
(2) The legislation identified in subsection (1), including in relation to the enforcement of immigration policy, deportation, the granting, removal, revocation or alteration of immigration status, or asylum, or other entitlements, must be read and given effect to disregarding the Human Rights Act 1998.
(3) In the Asylum and Immigration Appeals Act 1993, omit section 2.
(4) In the Immigration Act 1971—
(a) in section 8AA—
(i) in subsection (2), omit “Subject to subsections (3) to (5)”; and
(ii) omit subsections (2)(a)(ii) and subsections (3) to (6);
(b) in section 8B, omit subsection (5A).
(5) In section 84 of the Nationality, Immigration and Asylum Act 2002—
(a) in subsection (1), after “must” insert “not”;
(b) in subsection (2), after “must” insert “not”;
(c) in subsection (2), for “section 6” substitute “any section”; and
(d) in subsection (3) after “must” insert “not”.
(6) Where the European Court of Human Rights indicates an interim measure relating to the exercise of any function under the legislation identified in subsection (1)—
(a) it is only for a Minister of the Crown to decide whether the United Kingdom will comply with the interim measure under this section; and
(b) an immigration officer or court or tribunal must not have regard to the interim measure.”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause would disapply the Human Rights Act and interim measures of the European Court of Human Rights in relation to this Bill and to other legislation about borders, asylum and immigration.

Opposition Amendment NC15

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Offences and deportation
(1) The UK Borders Act 2007 is amended as follows.
(2) In section 32—
(a) in subsection (1)(a), at the end insert “and”;
(b) in subsection (1)(b) leave out "and” and insert “or”; and
(c) leave out subsection (1)(c) and substitute—
“(c) who has been charged with or convicted of an offence under section 24 of the Immigration Act 1971”
(d) leave out subsections (2) and (3).
(3) In section 33, leave out subsections (1), (2), (3) and (6A).
(4) The Illegal Migration Act 2023 is amended as follows.
(5) Leave out subsection (5) of section 1 and insert—
“(5) The Human Rights Act does not apply to provision made by or by virtue of this Act or to—
(a) the Immigration Act 1971,
(b) the Immigration and Asylum Act 1999,
(c) the Nationality, Immigration and Asylum Act 2002,
(d) the Nationality and Borders Act 2022, or
(e) the Immigration Act 2016.”
(6) In section 6 of the Illegal Migration Act 2023, leave out subsections (4) and (5).
(7) In section 24 of the Immigration Act 1971, leave out all instances of “knowingly”.”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause would prevent a foreign national who is convicted of any offence from remaining in the UK, as well as anyone who has been charged with or convicted with an immigration offence under section 24 of the Immigration Act 1971.

Opposition Amendment NC16

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Restrictions on visas for spouses and civil partners
(1) The Secretary of State must make regulations specifying the maximum number of persons who may enter the United Kingdom annually as a spouse or civil partner of another (the sponsor).
(2) Before making regulations under subsection (1), the Secretary of State must consult—
(a) in England and Wales and Scotland, such representatives of local authorities as the Secretary of State considers appropriate;
(b) the Executive Office in Northern Ireland; and
(c) any such other persons or bodies as the Secretary of State considers appropriate.
(3) But the duty to consult under subsection (2) does not apply where the Secretary of State considers that the maximum number under subsection (1) needs to be changed as a matter of urgency.
(4) The Secretary of State must commence the consultation under subsection (2) in relation to the first regulations to be made under this section before the end of the period of three months beginning with the day on which this Act is passed.
(5) The regulations must specify that the number of persons from any one country who enter as a spouse or civil partner of a sponsor cannot exceed 7% of the maximum number specified in the regulations under subsection (1).
(6) If, in any year, the number of persons who enter the United Kingdom as a spouse or civil partner of a sponsor exceeds the number specified in regulations under this section, the Secretary of State must lay a statement before Parliament—
(a) setting out the number of persons who have, in that year, entered the United Kingdom as a spouse or civil partner of a sponsor; and
(b) explaining why the number exceeds that specified in the regulations.
(7) The statement under subsection (6) must be laid before Parliament before the end of the period of six months beginning with the day after the last day of the year to which the statement relates.
(8) Within six months of the passing of this Act, the Secretary of State must by immigration rules make the changes set out in subsections (9) to (11).
(9) The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement includes that—
(a) the applicant is married to, or the civil partner of, a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is, on the same occasion, seeking admission to the United Kingdom for the purposes of settlement;
(b) the applicant provides evidence that the parties under subsection (9)(a) were married or formed a civil partnership at least two years prior to the application;
(c) each of the parties intends to live permanently with the other as spouses or civil partners and the marriage or civil partnership is subsisting;
(d) the salary of the person who has a right to abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom equals or exceeds £38,700 per year; and
(e) the applicant and the person who has a right of abode in the United Kingdom are both at least 23 years old.
(10) Leave to enter the United Kingdom as a spouse or civil partner under subsection (9) is to be refused if the parties concerned are first cousins.
(11) For the purposes of this section, “local authority” means—
(a) in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and
(b) in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994.”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause would require the Secretary of State to specify a cap on the number of spouses or civil partners who may enter the UK, and on the number that may enter from any one country. It would also amend the immigration rules to set a salary threshold.

Opposition Amendment NC17

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Restrictions on visas and grants of indefinite leave to remain
(1) Within six months of the passing of this Act, the Secretary of State must by immigration rules provide for all visa grants, including spousal visas, to be conditional on the following—
(a) the requirement that the applicant or their dependents will not apply for any form of “social protection” (including housing) from the UK Government or a local authority, where “social protection” is defined according to the Treasury’s Public Expenditure Statistical Analyses, subject to any further definition by immigration rules; and
(b) the requirement that the applicant’s annual income must not fall below £38,700 for six months or more in aggregate during the relevant qualification period.
(2) Immigration Rules made under subsection (1) must ensure that any breach of the conditions set out in that subsection will render void any visa previously granted.
(3) The Secretary of State is not permitted to grant leave outside the immigration rules or immigration acts.
(4) A person is not eligible to apply for indefinite leave to remain in the United Kingdom if any of the following conditions apply.
(5) Condition 1 is that a person is a “foreign criminal” under section 32 of the UK Borders Act 2007.
(6) Condition 2 is that a person, or any of their dependents, has been in receipt of any form of “social protection” (including housing) from the UK Government or a local authority, where “social protection” is defined according to the Treasury’s Public Expenditure Statistical Analyses, subject to any further definition by immigration rules.
(7) Condition 3 is that a person’s annual income has fallen below £38,700 for six months or more in aggregate during the relevant qualification period.
(8) A person who has entered the United Kingdom—
(a) under the Ukraine visa schemes;
(b) under the Afghan Citizens Resettlement Scheme;
(c) under the Afghan Relocations and Assistance Policy; or
(d) on a British National Overseas visa,
is exempt from the requirements of Condition 2 and Condition 3.
(9) For the purposes of subsections (1)(b) and (7)—
(a) the condition applies only to earnings that have been lawfully reported to, or subject to withholding tax by, HM Revenue and Customs; and
(b) the relevant sum of annual income must be adjusted annually by the Secretary of State through immigration rules to reflect inflation.
(10) The Secretary of State may by immigration rules make further provision varying these conditions, including by way of transitional provisions.”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause would place certain restrictions on the granting of visas or indefinite leave to remain. It would require migrants to be self-sufficient and not to require state benefits, and would deny indefinite leave to remain to foreign criminals.

Opposition Amendment NC18

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NEGATIVED ON DIVISION

To move the following Clause—
“Cap on the number of entrants
(1) Within six months of the passing of this Act, the Secretary of State must make regulations specifying the total maximum number of persons who may enter the United Kingdom annually across all non-visitor visa routes, with such regulations subject to approval by both Houses.
(2) The Secretary of State may by regulations also specify a maximum number of entrants for individual visa routes, subject to the overall total.
(3) No visas may be issued in excess of the total maximum number specified in subsection (1).
(4) Any visas issued in excess of the number specified in subsection (1) must be revoked.”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause would provide a mechanism for a binding annual cap on the number of nonvisitor visas issued by the UK.

Opposition Amendment NC19

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Removals from the United Kingdom: visa penalties for uncooperative countries
(1) The Nationality and Borders Act 2022 is amended as follows.
(2) In section 70, omit subsections (4) and (5).
(3) In section 72—
(a) subsection (1), after “A country”, for “may” substitute “must”.
(b) In subsection (1)(a) omit “and” and insert “or, (ab) is not cooperating in relation to the verification of identity or status of individuals who are likely to be nationals or citizens of the country, and”
(c) in subsection (1)(b), after “citizens of the country” insert “or individuals who are likely to be nationals or citizens of the country”,
(d) omit subsections (2) and (3), and
(e) in subsection (4), omit from “70” to after “subsection (1)(a)”.
(4) Omit section 74.”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause would require the Secretary of State to use a visa penalty provision if a country is not cooperating in the removal of any of its nationals or citizens from the UK, or in relation to the verification of their identity or status.

Opposition Amendment NC20

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Exemptions from the UK GDPR: illegal migration and foreign criminals
(1) The Data Protection Act 2018 is amended as follows.
(2) In subsection (2)(b) of section 15 (Exemptions etc), at end insert “, and makes provision about the exemption from all GDPR provisions of persons who entered the United Kingdom illegally and foreign criminals;
(3) In paragraph (2) of Schedule 2, after sub-paragraph (1) insert—
“(1A) GDPR provisions do not apply if the data subject entered the United Kingdom illegally or is a foreign criminal.
(1B) For the purposes of sub-paragraph (1A)—
(a) a person “entered the United Kingdom illegally” if they entered the United Kingdom—
(i) without leave to enter, or
(ii) with leave to enter that was obtained by means which included deception by any person; and
(b) “foreign criminal” is defined in accordance with section 32 of the UK Borders Act 2007.””

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This new clause would disapply data protection laws from data on people who have entered the UK illegally or are Foreign National Offenders.

Opposition Amendment NC21

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NEGATIVED ON DIVISION

To move the following Clause—
“Removal of restrictions on asylum seekers engaging in employment
The Secretary of State must, within three months of the date on which this Act is passed, lay before Parliament a statement of changes in the rules (the “immigration rules”) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for asylum applicants to take up employment whilst their application is being determined, if it has been over three months since the application was made, with no decision made.”

Type: Opposition

Signatures: 17

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Claire Hanna (SDLP - Belfast South and Mid Down) - 08 May 2025
Tim Farron (LD - Westmorland and Lonsdale) - 08 May 2025

Liberal Democrat Spokesperson (Environment, Food and Rural Affairs)

Adrian Ramsay (Green - Waveney Valley) - 08 May 2025

Green Spokesperson (Treasury)

Ben Lake (PC - Ceredigion Preseli) - 08 May 2025
Ann Davies (PC - Caerfyrddin) - 08 May 2025
Llinos Medi (PC - Ynys Môn) - 08 May 2025
Liz Saville Roberts (PC - Dwyfor Meirionnydd) - 08 May 2025

Member's explanatory statement

This new clause would remove the restriction on working for asylum seekers, if it has been over three months since they applied.

Opposition Amendment NC22

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Additional safe and legal routes
The Secretary of State must, within six months of the passage of this Act, make regulations specifying safe and legal routes through which refugees and other individuals requiring international protection can enter the UK lawfully.”

Type: Opposition

Signatures: 17

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Claire Hanna (SDLP - Belfast South and Mid Down) - 08 May 2025
Tim Farron (LD - Westmorland and Lonsdale) - 08 May 2025

Liberal Democrat Spokesperson (Environment, Food and Rural Affairs)

Adrian Ramsay (Green - Waveney Valley) - 08 May 2025

Green Spokesperson (Treasury)

Ben Lake (PC - Ceredigion Preseli) - 08 May 2025
Ann Davies (PC - Caerfyrddin) - 08 May 2025
Llinos Medi (PC - Ynys Môn) - 08 May 2025
Liz Saville Roberts (PC - Dwyfor Meirionnydd) - 08 May 2025

Member's explanatory statement

This new clause would require the Secretary of State to make regulations specifying additional safe and legal routes, under which refugees and others in need of international protection can come to the UK lawfully from abroad.

Opposition Amendment NC23

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Duty to meet the director of Europol
The Border Commander must meet the director of Europol, or their delegate, no less than once every three months.”

Type: Opposition

Signatures: 7

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause would require the Border Commander to meet with the Executive Director of Europol every three months.

Opposition Amendment NC24

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Duty to establish a joint taskforce with Europol
(1) The Secretary of State must seek to establish a joint taskforce with Europol for the purposes of cooperation on the matters set out under subsection (3).
(2) The Secretary of State must, within six months of the passage of this Act, make a report to Parliament on progress made to date on establishing a joint taskforce under subsection (1).
(3) Any joint taskforce established pursuant to the Secretary of State’s activities under subsection (1) has a duty to promote cooperation on—
(a) the disruption of trafficking operations;
(b) the enhancement of law enforcement capabilities;
(c) the provision of specialised training for officials involved in border security and immigration enforcement; and
(d) any other matters which the Secretary of State or Director of Europol deem appropriate.”

Type: Opposition

Signatures: 7

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause would require the Secretary of State to seek a joint taskforce with Europol for the purposes of disrupting trafficking operations, enhancing law enforcement capabilities, and providing specialised training to officials involved in border security and immigration enforcement.

Opposition Amendment NC25

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Participation in Europol’s anti-trafficking operations
(1) The Secretary of State must provide adequate resources to law enforcement agencies for the purpose of enhancing their participation in Europol’s anti-trafficking operations.
(2) The resources provided under subsection (1) must include technology for conducting improved surveillance on, and detection of, smuggling networks.
(3) For the purposes of subsection (1), “law enforcement agencies” include—
(a) the National Crime Agency
(b) police forces in England and Wales; and
(c) the British Transport Police.”

Type: Opposition

Signatures: 8

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Claire Hanna (SDLP - Belfast South and Mid Down) - 08 May 2025

Member's explanatory statement

This new clause would require the Government to allocate adequate resources to law enforcement agencies to enhance their participation in Europol’s anti-trafficking operations, including through technological tools for better surveillance and detection of smuggling networks.

Opposition Amendment NC26

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Requirement to produce an annual report on cooperation with Europol
(1) The Secretary of State must, within one year of the passage of this Act, lay before Parliament an annual report on cooperation between UK law enforcement agencies and Europol.
(2) A further report must be published and laid before Parliament at least once per year.
(3) An annual report under this section must include—
(a) actions taken during the previous year to cooperate with Europol;
(b) progress in reducing people smuggling and human trafficking; and
(c) planned activities for improving future cooperation with Europol.”

Type: Opposition

Signatures: 7

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause would require the Government to provide an annual report to Parliament detailing the UK’s efforts to cooperate with Europol, its progress in reducing levels of people smuggling and human trafficking, and its plans to improve future cooperation.

Opposition Amendment NC27

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Reuniting unaccompanied child refugees with family members
(1) Within six months of the passing of this Act, the Secretary of State must by immigration rules make the changes set out in subsections (2) to (6).
(2) The requirements to be met by a person seeking leave to enter the United Kingdom as a child relative of a person or persons given limited leave to enter or remain in the United Kingdom, as a refugee or beneficiary of humanitarian protection, are that the applicant—
(a) is the child, grandchild, sister, brother, nephew or niece of a person or persons granted limited leave to enter or remain as a refugee or beneficiary of humanitarian protection granted as such under the immigration rules; and
(b) is under the age of 18; and
(c) can, and will, be accommodated adequately by the person or persons the child is seeking to join without recourse to public funds in accommodation which the person or persons the child is seeking to join, own or occupy exclusively; and
(d) can, and will, be maintained adequately by the person or persons the child is seeking to join, without recourse to public funds; and
(e) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
(3) The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the close relative of a child with limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection are that the applicant is—
(a) a parent, grandparent, sister, brother, aunt or uncle of a child with limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection; and
(b) joining a refugee or beneficiary of humanitarian protection with limited leave to enter or remain in the United Kingdom who is under the age of 18 and not living with a parent or grandparent; and
(c) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds.
(4) Limited leave to enter the United Kingdom as an applicant under subsection (2) or (3) may be granted for five years provided that, on arrival, a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity. Limited leave to remain in the United Kingdom as an applicant under subsections (2) or (3) may be granted provided the Secretary of State is satisfied that each of the requirements of subsections (2) or (3) is met.
(5) Limited leave to enter the United Kingdom as an applicant under subsection (2) or (3) is to be refused if, on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity. Limited leave to remain in the United Kingdom as an applicant under subsection (2) or (3) is to be refused if the Secretary of State is not satisfied that each of the requirements of subsections (2) or (3) is met.
(6) Civil legal services are to be provided to an applicant under subsections (2) or (3) in relation to rights to enter, and to remain in, the United Kingdom pursuant to schedule 1, subsection 30(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.”

Type: Opposition

Signatures: 11

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Adrian Ramsay (Green - Waveney Valley) - 08 May 2025

Green Spokesperson (Treasury)

Member's explanatory statement

This new clause would require changes to the immigration rules to extend the family members that could apply to join an unaccompanied child refugee in the UK, to include parents, grandparents, sisters, brothers, uncles and aunts, and to allow unaccompanied child refugees to sponsor close adult family members to join them in the UK. It also provides for legal aid to be available in such cases.

Opposition Amendment NC28

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Good character requirement: illegal entry
The Secretary of State must, within three months of the passing of this Act, ensure that illegal entry to the UK is disregarded as a factor for the purposes of assessing whether a person applying for British citizenship meets the good character requirement.”

Type: Opposition

Signatures: 12

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Tim Farron (LD - Westmorland and Lonsdale) - 08 May 2025

Liberal Democrat Spokesperson (Environment, Food and Rural Affairs)

Adrian Ramsay (Green - Waveney Valley) - 08 May 2025

Green Spokesperson (Treasury)

Member's explanatory statement

This new clause would require the Secretary of State to change current Home Office guidance stating that individuals who enters the UK illegally, regardless of how long ago, will "normally be refused" citizenship (if they applied after 10 February 2025).

Opposition Amendment NC29

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Report on impact of carers’ minimum wage on net migration
The Secretary of State must, within 12 months of the passage of this Act, lay before Parliament a report on the impact of introducing a minimum wage for carers on levels of net migration.”

Type: Opposition

Signatures: 7

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause would require the Government to publish a report on how implementing a carers’ minimum wage would impact on levels of net migration.

Opposition Amendment NC30

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“A three-month service standard for asylum casework
(1) The Secretary of State must, within six months of the passage of this Act, implement a three month service standard for asylum casework.
(2) The service standard must specify that 98% of initial decisions on all asylum claims should be made before the end of three months after the date of claim.”

Type: Opposition

Signatures: 7

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause would require UK Visas and Immigration to reintroduce a three month service standard for decisions on asylum cases.

Opposition Amendment NC31

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Exemption of NHS workers from immigration skills charge
The Secretary of State must, within six months of the passing of this Act, implement an exemption for National Health Service workers from the immigration skills charge for sponsoring a Skilled Worker or a Senior or Specialist worker.”

Type: Opposition

Signatures: 7

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This new clause would require the Secretary of State to apply an exception to the NHS as an employer from having to pay the immigration skills charge when sponsoring skilled employees.

Opposition Amendment NC32

Tabled: 09 May 2025
Notices of Amendments as at 9 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Repeal of certain provisions of the Nationality and Borders Act 2022 (No. 2)
(1) The following provisions of the Nationality and Borders Act 2022 are repealed—
(a) sections 12 to 65; and
(b) sections 68 and 69.”

Type: Opposition

Signatures: 10

Lisa Smart (LD - Hazel Grove) - 09 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 09 May 2025
Ben Maguire (LD - North Cornwall) - 09 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 09 May 2025
Will Forster (LD - Woking) - 09 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 09 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 09 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Carla Denyer (Green - Bristol Central) - 09 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 09 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 09 May 2025

Green Spokesperson (Foreign Affairs)

Member's explanatory statement

This new clause would repeal specified provisions of the Nationality and Borders Act 2022.

Opposition Amendment NC33

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Council of Europe Convention on Action against Trafficking in Human Beings
The Secretary of State must—
(a) within six months of the passing of this Act, introduce legislation to ensure the United Kingdom’s full compliance with the 2009 Council of Europe Convention on Action against Trafficking in Human Beings; and
(b) within 18 months of the passing of this Act, lay before Parliament a report on how the Government is ensuring full compliance with the Convention under this section.”

Type: Opposition

Signatures: 9

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Carla Denyer (Green - Bristol Central) - 09 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 09 May 2025

Green Spokesperson (Crime and Policing)

Member's explanatory statement

This new clause would require the Secretary of State to introduce legislation which incorporates the Council of Europe Convention on Action against Trafficking in Human Beings into UK law and report on compliance with the Convention.

Opposition Amendment NC34

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Victims of slavery or human trafficking: protection from immigration offences
(1) The Modern Slavery Act 2015 is amended as follows.
(2) In section 52 (Duty to notify Secretary of State about suspected victims of slavery or human trafficking), after subsection (2), insert—
“(2A) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to ensure that notification under this section does not include the supply of information to relevant persons or authorities that might indicate that—
(a) the victim has committed an offence under sections 24 to 26 of the Immigration Act 1971, or
(b) the victim might otherwise meet the requirements for removal from the United Kingdom or for investigation pending removal.
(2B) For the purposes of subsection (2A), “relevant persons or authorities” include—
(a) a Minister of the Crown or a government department;
(b) an immigration officer;
(c) a customs official;
(d) a law enforcement officer;
(e) the Director of Border Revenue;
(f) the Border Security Commander;
(g) a UK authorised person; and
(h) the government of a country or territory outside the United Kingdom.””

Type: Opposition

Signatures: 11

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Adrian Ramsay (Green - Waveney Valley) - 08 May 2025

Green Spokesperson (Treasury)

Member's explanatory statement

This new clause would prevent a public authority, when determining whether a person is a victim of slavery or human trafficking, from sharing information with immigration authorities and other public authorities that might result in deportation or prosecution for an immigration offence.

Opposition Amendment NC35

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Humanitarian travel permit
(1) On an application by a person (“P”) to the appropriate decision-maker for entry clearance, the appropriate decision-maker must grant P entry clearance if satisfied that P is a relevant person.
(2) For the purposes of subsection (1), P is a relevant person if—
(a) P intends to make a protection claim in the United Kingdom;
(b) P’s protection claim, if made in the United Kingdom, would have a realistic prospect of success; and
(c) there are serious and compelling reasons why P’s protection claim should be considered in the United Kingdom.
(3) For the purposes of subsection (2)(c), in deciding whether there are such reasons why P’s protection claim should be considered in the United Kingdom, the appropriate decision-maker must take into account—
(a) the extent of the risk that P will suffer persecution or serious harm if entry clearance is not granted;
(b) the strength of P’s family and other ties to the United Kingdom;
(c) P’s mental and physical health and any particular vulnerabilities that P has; and
(d) any other matter that the decision-maker thinks relevant.
(4) For the purposes of an application under subsection (1), the appropriate decision-maker must waive any of the requirements in subsection (5) if satisfied that P cannot reasonably be expected to comply with them.
(5) The requirements are—
(a) any requirement prescribed (whether by immigration rules or otherwise) under section 50 of the Immigration, Asylum and Nationality Act 2006; and
(b) any requirement prescribed by regulations made under section 5, 6, 7 or 8 of the UK Borders Act 2007 (biometric registration).
(6) No fee may be charged for the making of an application under subsection (1).
(7) An entry clearance granted pursuant to subsection (1) has effect as leave to enter for such period, being not less than six months, and on such conditions as the Secretary of State may prescribe by order.
(8) Upon a person entering the United Kingdom (within the meaning of section 11 of the Immigration Act 1971) pursuant to leave to enter given under subsection (7), that person is deemed to have made a protection claim in the United Kingdom.
(9) For the purposes of this section—
(a) “appropriate decision-maker” means a person authorised by the Secretary of State by rules made under section 3 of the Immigration Act 1971 to grant an entry clearance under paragraph(1);
(b) “entry clearance” has the same meaning as in section 33(1) of the Immigration Act 1971;
(c) “protection claim”, in relation to a person, means a claim that to remove them from or require them to leave the United Kingdom would be inconsistent with the United Kingdom’s obligations—
(i) under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention (“the Refugee Convention”);
(ii) in relation to persons entitled to a grant of humanitarian protection; or
(iii) under Article 2 or 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 (“the European Convention on Human Rights”);
(d) “persecution” is defined in accordance with the Refugee Convention; and
(e) “serious harm” means treatment that, if it occurred within the jurisdiction of the United Kingdom, would be contrary to the United Kingdom's obligations under Article 2 or 3 of the European Convention on Human Rights (irrespective of where it will actually occur).”

Type: Opposition

Signatures: 11

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Tim Farron (LD - Westmorland and Lonsdale) - 08 May 2025

Liberal Democrat Spokesperson (Environment, Food and Rural Affairs)

Member's explanatory statement

This new clause would create a new “humanitarian travel permit”.

Opposition Amendment NC36

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Refugee family reunion
(1) The Secretary of State must, within 6 months of the date on which this Act is passed, lay before Parliament a statement of changes in the rules (the “immigration rules”) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for refugee family reunion, in accordance with this section, to come into effect after 21 days.
(2) Before a statement of changes is laid under subsection (1), the Secretary of State must consult with persons as the Secretary of State deems appropriate.
(3) The statement laid under subsection (1) must set out rules providing for leave to enter and remain in the United Kingdom for family members of a person granted refugee status or humanitarian protection.
(4) In this section, “refugee status” and “humanitarian protection” have the same meaning as in the immigration rules.
(5) In this section, “family members” include—
(a) a person's parent, including adoptive parent;
(b) a person's spouse, civil partner or unmarried partner;
(c) a person's child, including adopted child, who is either—
(i) under the age of 18, or
(ii) under the age of 25 but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum;
(d) a person's sibling, including adoptive sibling, who is either—
(i) under the age of 18, or
(ii) under the age of 25, but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum; and
(e) such other persons as the Secretary of State may determine, having regard to—
(i) the importance of maintaining family unity,
(ii) the best interests of a child,
(iii) the physical, emotional, psychological or financial dependency between a person granted refugee status or humanitarian protection and another person,
(iv) any risk to the physical, emotional or psychological well being of a person who was granted refugee status or humanitarian protection, including from the circumstances in which the person is living in the United Kingdom, or
(v) such other matters as the Secretary of State considers appropriate.
(6) For the purpose of subsection (5)—
(a) “adopted” and “adoptive” refer to a relationship resulting from adoption, including de facto adoption, as set out in the immigration rules, and
(b) “best interests” of a child must be read in accordance with Article 3 of the 1989 UN Convention on the Rights of the Child.”

Type: Opposition

Signatures: 12

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 09 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Carla Denyer (Green - Bristol Central) - 09 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 09 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 09 May 2025

Green Spokesperson (Foreign Affairs)

Tim Farron (LD - Westmorland and Lonsdale) - 09 May 2025

Liberal Democrat Spokesperson (Environment, Food and Rural Affairs)

Adrian Ramsay (Green - Waveney Valley) - 09 May 2025

Green Spokesperson (Treasury)

Member's explanatory statement

This new clause would make provision for leave to enter or remain in the UK to be granted to the family members of refugees and of people granted humanitarian protection.

Amendment NC37

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT MOVED

To move the following Clause —
“Children born in the UK: British citizenship
(1) The British Nationality Act 1981 is amended as follows.
(2) After section 1(3A) insert—
“(3B) A person (“P”) born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) or section 10A shall be entitled to be registered as a British citizen if, when P was born, P’s father or mother—
(a) had previously entered the UK whilst holding leave to enter the UK; and
(b) was subsequently, and at the time of P’s birth, subject to UK immigration control.”
(3) The Immigration and Nationality (Fees) Regulations 2018 are amended as follows.
(4) In Schedule 1, Table 20A, insert—
“No fee is payable in respect of an application for registration as a British citizen under the 1981 Act where the application is made under section 1(3B) of that Act.””

Type: Backbencher

Signatures: 35

Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 08 May 2025
Manuela Perteghella (LD - Stratford-on-Avon) - 08 May 2025
Liz Saville Roberts (PC - Dwyfor Meirionnydd) - 08 May 2025
Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Zarah Sultana (Ind - Coventry South) - 08 May 2025
Diane Abbott (Ind - Hackney North and Stoke Newington) - 08 May 2025
Nadia Whittome (Lab - Nottingham East) - 08 May 2025
Apsana Begum (Lab - Poplar and Limehouse) - 08 May 2025
Ian Byrne (Lab - Liverpool West Derby) - 08 May 2025
Rachael Maskell (Ind - York Central) - 08 May 2025
Ayoub Khan (Ind - Birmingham Perry Barr) - 08 May 2025
Mary Glindon (Lab - Newcastle upon Tyne East and Wallsend) - 08 May 2025
Stella Creasy (LAB - Walthamstow) - 08 May 2025
Rebecca Long Bailey (Lab - Salford) - 08 May 2025
Alex Sobel (LAB - Leeds Central and Headingley) - 08 May 2025
Rosie Duffield (Ind - Canterbury) - 08 May 2025
Olivia Blake (Lab - Sheffield Hallam) - 08 May 2025
Ian Lavery (Lab - Blyth and Ashington) - 08 May 2025
Imran Hussain (Lab - Bradford East) - 08 May 2025
Andy McDonald (Lab - Middlesbrough and Thornaby East) - 08 May 2025
John McDonnell (Lab - Hayes and Harlington) - 08 May 2025
Richard Burgon (Lab - Leeds East) - 08 May 2025
Kim Johnson (Lab - Liverpool Riverside) - 08 May 2025
Kate Osborne (Lab - Jarrow and Gateshead East) - 08 May 2025
Clive Lewis (Lab - Norwich South) - 08 May 2025
Neil Duncan-Jordan (Ind - Poole) - 08 May 2025
Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Claire Hanna (SDLP - Belfast South and Mid Down) - 08 May 2025
Jeremy Corbyn (Ind - Islington North) - 08 May 2025
Paula Barker (Lab - Liverpool Wavertree) - 08 May 2025
Adrian Ramsay (Green - Waveney Valley) - 08 May 2025

Green Spokesperson (Treasury)

Brian Leishman (Ind - Alloa and Grangemouth) - 08 May 2025
Grahame Morris (Lab - Easington) - 08 May 2025
Dawn Butler (Lab - Brent East) - 08 May 2025

Member's explanatory statement

This new clause would ensure citizenship for children born in the UK whose parents had leave to enter the UK but were not British citizens or had settled status at the time of their child's birth, and for fees for that registration to be waived.

Opposition Amendment NC38

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Repeal of certain provisions of the Nationality and Borders Act 2022 (No. 3)
(1) The following provisions of the Nationality and Borders Act 2022 are repealed—
(a) section 12,
(b) section 16,
(c) sections 30 to 38, and
(d) section 40.”

Type: Opposition

Signatures: 9

Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Apsana Begum (Lab - Poplar and Limehouse) - 08 May 2025
Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 08 May 2025
Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Claire Hanna (SDLP - Belfast South and Mid Down) - 08 May 2025
Pete Wishart (SNP - Perth and Kinross-shire) - 08 May 2025

Shadow SNP Spokesperson (Home Affairs)

Zarah Sultana (Ind - Coventry South) - 08 May 2025
Adrian Ramsay (Green - Waveney Valley) - 08 May 2025

Green Spokesperson (Treasury)

Member's explanatory statement

This new clause would repeal provisions of the Nationality and Borders Act 2022 concerning: the creation of two separate groups of refugees, subject to differential treatment; the inadmissibility of asylum claims by persons with a connection to a safe third State; the interpretation of the Refugee Convention; and the creation of offences relating and similar to illegal entry to the UK.

Amendment NC39

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Duty to deport in accordance with the Refugee Convention
(1) The Secretary of State must seek to remove anyone who, based on Article 1F and Article 33(2) of the Refugee Convention, does not have the benefit of the non-refoulement provisions of the Refugee Convention.
(2) This duty does not apply in relation to persons who would face a real risk of capital punishment or extra-judicial killing or whose removal would contravene the United Kingdom’s obligation under Article 3 of the United Nations Convention against Torture.
(3) If a domestic court or tribunal has ruled that a person’s removal would not contravene subsection (1) and (2), the court or tribunal may—
(a) Consider whether removal would be contrary to the Human Rights Act 1998,
(b) But if it considers that removal would be contrary to the Human Rights Act 1998, the Secretary of State may seek the removal of that person, notwithstanding the Act.
(4) The Secretary of State may delay the removal of an individual where subsection (3)(b) applies, until the Grand Chamber of the European Court of Human Rights has ruled on the compatibility of that removal.
(5) The Secretary of State must argue before the European Court of Human Rights that the European Convention on Human Rights cannot be interpreted as preventing the removal of an individual if such removal is compatible with the Refugee Convention and the United Nations Convention against Torture.
(6) If the Grand Chamber of the European Court of Human Rights rules that the European Convention on Human Rights takes precedence over the Refugee Convention and United Nations Convention against Torture, the Secretary of State may decide to comply with that Grand Chamber decision.
(7) If the Secretary of State decides to comply with a ruling of the Grand Chamber, they must publish a quarterly report setting out the anonymised details of those individuals who could be deported subject to subsections (1) and (2) but have not been deported because of a decision by the Secretary of State to comply with a decision of the Grand Chamber of the European Court on Human Rights.”

Type: Backbencher

Signatures: 1

Edward Leigh (Con - Gainsborough) - 08 May 2025

Amendment NC40

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Detention of illegal migrants
(1) The Secretary of State must, within six months of the passing of this Act, set out plans to detain illegal migrants in secure accommodation.
(2) Detention under subsection (1)—
(a) must occur immediately upon a person’s arrival into the UK without leave to enter the UK;
(b) must be in accommodation with requisite security, not including hotels or residential accommodation; and
(c) must be for no more than 24 hours, during which any asylum claim must be assessed and decided.
(3) Any person whose asylum claim under this section is refused must be deported within 24 hours of refusal.
(4) A plan under subsection (1) must be—
(a) laid before Parliament, and
(b) implemented within twelve months of the passing of this Act.”

Type: Backbencher

Signatures: 5

Nigel Farage (RUK - Clacton) - 08 May 2025
Richard Tice (RUK - Boston and Skegness) - 08 May 2025
Lee Anderson (RUK - Ashfield) - 08 May 2025
James McMurdock (Ind - South Basildon and East Thurrock) - 08 May 2025
Sarah Pochin (RUK - Runcorn and Helsby) - 08 May 2025

Member's explanatory statement

This new clause would require the Government to set up secure accommodation to detain illegal migrants as soon as they arrive in the UK, assess any asylum claim with 24 hours of detention, and deport any failed applicants.

Amendment NC41

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Impact of European Convention on Human Rights on border security
(1) The Secretary of State must, within six months of the passing of this Act, publish an assessment of the impact of the UK’s commitment to the European Convention on Human Rights on the UK’s border security.
(2) An assessment under this section must be laid before Parliament and must include—
(a) the number of additional persons likely to be deported from the United Kingdom annually if the UK were to depart from the European Convention on Human Rights, and
(b) of those, the number of foreign criminals likely to be deported annually.”

Type: Backbencher

Signatures: 5

Member's explanatory statement

This new clause would require the Government to assess the impact of the ECHR on the UK’s border security.

Opposition Amendment NC42

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Transparency in age dispute decision-making
(1) The Secretary of State must, within six months of the passing of this Act, and on a quarterly basis thereafter—
(a) prepare and publish a report on age assessments conducted for the purposes of immigration control, and
(b) lay a copy of the report before Parliament.
(2) The report must include—
(a) the total number of age disputes raised during the reporting period,
(b) the number of individuals who were initially treated as adults but were subsequently assessed to be under the age of 18,
(c) the number of individuals who were initially treated as children but were subsequently assessed to be 18 or over,
(d) the number and percentage of individuals referred for a formal Merton-compliant age assessment,
(e) the number of safeguarding referrals made as a result of age misclassification, and
(f) the number of legal challenges brought in relation to age assessments, and the outcome of those challenges.
(3) The report must also include an assessment of the impact of age dispute procedures on unaccompanied children, with particular regard to—
(a) the duration of time spent in adult accommodation, detention, or prison,
(b) any effect on access to education, healthcare, and social care services,
(c) any risks to mental and physical health arising from misclassification, and
(d) any referrals to or findings made by safeguarding professionals or regulatory bodies in relation to such cases.
(4) In this section—
“child” means a person who is under the age of 18,
“Merton-compliant” means compliant with the principles established in R (B) v Merton LBC [2003] EWHC 1689 (Admin),
“age dispute” means any case in which the claimed age of an individual for immigration purposes is challenged or reassessed by the Home Office or a relevant authority.”

Type: Opposition

Signatures: 12

Pete Wishart (SNP - Perth and Kinross-shire) - 08 May 2025

Shadow SNP Spokesperson (Home Affairs)

Apsana Begum (Lab - Poplar and Limehouse) - 08 May 2025
Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 08 May 2025
Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Zarah Sultana (Ind - Coventry South) - 08 May 2025
Adrian Ramsay (Green - Waveney Valley) - 08 May 2025

Green Spokesperson (Treasury)

Ben Lake (PC - Ceredigion Preseli) - 08 May 2025
Ann Davies (PC - Caerfyrddin) - 08 May 2025
Llinos Medi (PC - Ynys Môn) - 08 May 2025
Liz Saville Roberts (PC - Dwyfor Meirionnydd) - 08 May 2025

Member's explanatory statement

This new clause would require the Home Office to publish a detailed analysis which includes the outcomes on age assessments. It aims to increase transparency in the current process and to support policy reform that better safeguards children at risk of being misclassified as adults. Its aim is to ensure a more transparent, and accountable approach to age disputes.

Amendment NC43

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Management of immigration removal centres and asylum accommodation
(1) The Secretary of State must, within six months of the passing of this Act, make by regulations a register of prohibited providers of immigration removal centres and other forms of asylum accommodation.
(2) The register under subsection (1) must include all companies or persons—
(a) found guilty of or fined for—
(i) gross misconduct,
(ii) abuse,
(iii) overcharging, or
(iv) fraud
in relation to their operation of immigration removal centres and other forms of asylum accommodation, or
(b) who have not, following inspection by the Independent Chief Inspector of Borders and Immigration (ICIBI), met the recommendations of the subsequent report within 6 months.
(3) The Secretary of State or department must not enter into further contracts or renewal of contracts with any prohibited provider.”

Type: Backbencher

Signatures: 5

Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 08 May 2025
Apsana Begum (Lab - Poplar and Limehouse) - 08 May 2025
Ian Byrne (Lab - Liverpool West Derby) - 08 May 2025
Richard Burgon (Lab - Leeds East) - 08 May 2025
Andy McDonald (Lab - Middlesbrough and Thornaby East) - 08 May 2025

Member's explanatory statement

This new clause would require the Home Office to make a register of prohibited providers of immigration removal centres and other forms of asylum accommodation who have been convicted of gross misconduct, abuse, overcharging or fraud, or have not met the recommendations of an inspection report. The Home Office cannot renew or enter into further contracts with prohibited providers on the register.

Amendment NC44

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“National Referral Mechanism: duty to create a new visa scheme
(1) The Secretary of State must, by immigration rules, create a new visa scheme for persons who—
(a) are regarded by a first responder organisation as eligible for referral into the National Referral Mechanism for modern slavery; and
(b) are in receipt of an Overseas Domestic Worker visa under the terms of the Immigration Rules Appendix Overseas Domestic Worker; or
(c) have been in receipt of such a visa within the six months prior to a referral under paragraph (a).
(2) Immigration rules under subsection (1)—
(a) must be laid before Parliament within six months of the passing of this Act; and
(b) must be commenced within six months of being laid before Parliament.
(3) Immigration rules under subsection (1) must—
(a) enable an eligible person to remain in the UK until the later of—
(i) the date on which a conclusive grounds decision is made; or
(ii) the date on which any reconsideration or judicial review of a conclusive grounds decision has concluded; or
(iii) for persons recognised as a victim of modern slavery through a positive conclusive grounds decision, the date on which the person is granted either Discretionary Leave under the Immigration Act 1971 or Temporary Permission to Stay under section 65 of the Nationality and Borders and 2022; and
(b) enable the eligible person to work as a domestic worker for any eligible employer during the period specified by this subsection.
(4) For the purposes of this section—
“first responder organisation” is to be defined by immigration rules under this section;
“National Referral Mechanism” means the national framework for identifying and referring potential victims of modern slavery and ensuring they receive appropriate support;
“conclusive grounds decision” means a decision by a competent authority as to whether a person is a victim of slavery or human trafficking.”

Type: Backbencher

Signatures: 3

Stella Creasy (LAB - Walthamstow) - 08 May 2025
Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 08 May 2025
Claire Hanna (SDLP - Belfast South and Mid Down) - 08 May 2025

Member's explanatory statement

This new clause would require the Secretary of State to introduce a new visa scheme for victims of modern slavery who have been granted an Overseas Domestic Worker visa, to avoid visa concerns acting as a deterrent against referral for support under the National Referral Mechanism.

Amendment NC45

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

To move the following Clause—
“Good character requirement
(1) The British Nationality Act 1981 is amended as follows.
(2) In section 41A, (Registration: requirement to be of good character), after subsection (4), insert—
“(4A) The good character requirement under this section must not be applied in a manner contrary to the United Kingdom’s obligations under any international agreement to which the United Kingdom is a party.
(4B) The Secretary of State must ensure any guidance issued regarding the good character requirement reflects the following—
(a) any assessment of good character may only take into account the illegal entry, arrival or presence of a person (P) in the United Kingdom if at the time of P's entry to or arrival in the UK—
(i) P was aged 18 years or over,
(ii) P would have been given leave to enter under the immigration rules, if P had sought it, and
(iii) the assessment of P's good character is made on the basis of guidance, which was published.
(b) It is for the Secretary of State to prove, on the balance of probabilities, that—
(i) P would have been given leave to enter under the immigration rules, if P had sought it; and
(ii) it would have been reasonable to expect P to have sought and obtained such leave to enter.
(4C) In this section—
“the good character requirement” refers to the provision regarding a person being of good character in section 41A (Registration: requirement to be of good character), section 4L (Acquisition by registration: special circumstances), and paragraphs 1 and 5 of Schedule 1 to the British Nationality Act 1981.
“immigration rules” means rules under section 3(2) of the Immigration Act 1971.”

Type: Backbencher

Signatures: 7

Stella Creasy (LAB - Walthamstow) - 08 May 2025
Apsana Begum (Lab - Poplar and Limehouse) - 08 May 2025
Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 08 May 2025
Richard Burgon (Lab - Leeds East) - 08 May 2025
Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Member's explanatory statement

This new clause would ensure the good character requirement is not applied contrary to the UK’s international legal obligations. It also ensures that guidance would only take into account a person’s illegal entry, arrival or presence, if they arrived as an adult, when there was a safe route under the Immigration Rules available to them, and it would have been reasonable to expect them to have used that route.

Amendment 1

Tabled: 01 Apr 2025
Notices of Amendments as at 1 April 2025

This amendment was NOT CALLED

Clause 3, page 2, line 28, after "such threats," insert “including the threats posed to UK biosecurity by illegal meat imports,".

Type: Backbencher

Signatures: 2

Charlie Dewhirst (Con - Bridlington and The Wolds) - 01 Apr 2025
Neil Hudson (Con - Epping Forest) - 01 Apr 2025

Shadow Parliamentary Under Secretary (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment requires the Border Security Commander (“the Commander”), to have regard to the threats posed to UK biosecurity by illegal meat imports.

Opposition Amendment 31

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

Clause 3, page 2, line 36, at end insert—
“(2A) The strategic priority document issued under subsection (2) must support the Home Office’s UK Border Strategy.”

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This amendment would require that the Border Security Commander’s strategic priority document supports the UK Border Strategy.

Amendment 2

Tabled: 01 Apr 2025
Notices of Amendments as at 1 April 2025

This amendment was NOT CALLED

Clause 3, page 3, line 2, after "borders", insert ", including biosecurity”

Type: Backbencher

Signatures: 2

Charlie Dewhirst (Con - Bridlington and The Wolds) - 01 Apr 2025
Neil Hudson (Con - Epping Forest) - 01 Apr 2025

Shadow Parliamentary Under Secretary (Environment, Food and Rural Affairs)

Member's explanatory statement

This amendment is consequential on Amendment 1, and clarifies that UK biosecurity is an element of border security.

Opposition Amendment 4

Tabled: 02 May 2025
Notices of Amendments as at 2 May 2025

This amendment was NOT CALLED

Clause 13, page 7, line 12, at end insert—
“(1A) For the purposes of subsection (1), P cannot commit an offence if P is—
(a) an individual forced or coerced into criminal activities,
(b) a parent, family member or guardian accompanying minors,
(c) a victim of human trafficking or modern slavery,
(d) a survivor of torture, gender-based violence or severe trauma,
(e) an unaccompanied child,
(f) a person at risk of persecution,
(g) a pregnant woman, or
(h) a person holding refugee status.”

Type: Opposition

Signatures: 8

Pete Wishart (SNP - Perth and Kinross-shire) - 02 May 2025

Shadow SNP Spokesperson (Home Affairs)

Apsana Begum (Lab - Poplar and Limehouse) - 02 May 2025
Carla Denyer (Green - Bristol Central) - 02 May 2025

Green Spokesperson (Immigration)

Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 02 May 2025
Siân Berry (Green - Brighton Pavilion) - 02 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 02 May 2025

Green Spokesperson (Foreign Affairs)

Zarah Sultana (Ind - Coventry South) - 02 May 2025
Adrian Ramsay (Green - Waveney Valley) - 02 May 2025

Green Spokesperson (Treasury)

Member's explanatory statement

This amendment would specify that the offence created by clause 13 (supplying articles for use in immigration crime) cannot be applied to certain categories of individual.

Opposition Amendment 36

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

Clause 14, page 8, line 21, at end insert “or,
(c) their action was—
(i) solely as part of their own journey, and
(ii) they did not gain financially from the action.”

Type: Opposition

Signatures: 2

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment seeks to ensure that the new criminal offence is targeted at people smugglers rather than those seeking asylum by amending the statutory defence.

Opposition Amendment 30

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was NOT CALLED

Clause 14, page 8, line 26, at end insert—
“(6) For the purposes of subsection (1), P cannot commit an offence if P is—
(a) an individual forced or coerced into criminal activities,
(b) a parent, family member or guardian accompanying minors,
(c) a victim of human trafficking or modern slavery,
(d) a survivor of torture, gender-based violence or severe trauma,
(e) an unaccompanied child,
(f) a person at risk of persecution,
(g) a pregnant woman, or
(h) a person holding refugee status.”

Type: Opposition

Signatures: 8

Pete Wishart (SNP - Perth and Kinross-shire) - 07 May 2025

Shadow SNP Spokesperson (Home Affairs)

Apsana Begum (Lab - Poplar and Limehouse) - 07 May 2025
Carla Denyer (Green - Bristol Central) - 07 May 2025

Green Spokesperson (Immigration)

Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 07 May 2025
Siân Berry (Green - Brighton Pavilion) - 07 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 07 May 2025

Green Spokesperson (Foreign Affairs)

Zarah Sultana (Ind - Coventry South) - 07 May 2025
Adrian Ramsay (Green - Waveney Valley) - 07 May 2025

Green Spokesperson (Treasury)

Member's explanatory statement

This amendment would specify that the offence created by clause 14 (Handling articles for use in immigration crime) cannot be applied to certain categories of individual.

Opposition Amendment 37

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

Clause 15, page 9, line 2, at end insert—
“(i) a telephonic device
(j) means for charging a telephonic device”

Type: Opposition

Signatures: 1

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Member's explanatory statement

This amendment adds to the list of articles that aren’t included as relevant articles for the purposes of the new criminal offences of supplying or handling items to be used by people making a dangerous journey.

Opposition Amendment 38

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

Clause 16, page 9, line 38, leave out from “journey” to end of line 39 and insert “that they would not benefit from financially.”

Type: Opposition

Signatures: 2

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment seeks to ensure that the new criminal offence is targeted at people smugglers rather than those seeking asylum by amending the statutory defence.

Opposition Amendment 5

Tabled: 02 May 2025
Notices of Amendments as at 2 May 2025

This amendment was NOT CALLED

Clause 18, page 11, line 36, at end insert—
“(E1C) For the purposes of subsections (E1A) and (E1B) a person cannot commit an offence if the person is—
(a) an individual forced or coerced into criminal activities,
(b) a parent, family member or guardian accompanying minors,
(c) a victim of human trafficking or modern slavery,
(d) a survivor of torture, gender-based violence or severe trauma,
(e) an unaccompanied child,
(f) a person at risk of persecution,
(g) a pregnant woman, or
(h) a person holding refugee status.”

Type: Opposition

Signatures: 8

Pete Wishart (SNP - Perth and Kinross-shire) - 02 May 2025

Shadow SNP Spokesperson (Home Affairs)

Apsana Begum (Lab - Poplar and Limehouse) - 02 May 2025
Carla Denyer (Green - Bristol Central) - 02 May 2025

Green Spokesperson (Immigration)

Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 02 May 2025
Siân Berry (Green - Brighton Pavilion) - 02 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 02 May 2025

Green Spokesperson (Foreign Affairs)

Zarah Sultana (Ind - Coventry South) - 02 May 2025
Adrian Ramsay (Green - Waveney Valley) - 02 May 2025

Green Spokesperson (Treasury)

Member's explanatory statement

This amendment would specify that the offence created by clause 18 (Endangering another during sea crossing to United Kingdom) cannot be applied to certain categories of individual.

Government Amendment 6

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 20, page 14, line 33, leave out “superintendent” and insert “inspector”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment changes the rank of the officer who may authorise a constable to exercise a power to search under this clause.

Government Amendment 7

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 20, page 14, line 33, at end insert—
“(7A) If an inspector gives an authorisation under subsection (7), the inspector must, as soon as it is practicable to do so, cause an officer of at least the rank of superintendent to be informed.”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment provides that where an inspector authorises a constable to exercise a power to search under this clause the inspector must cause an officer of at least the rank of superintendent to be informed as soon as is practicable.

Government Amendment 8

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 21, page 15, line 3, leave out “superintendent” and insert “inspector”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment changes the rank of the officer who may authorise a constable to exercise a power of seizure under this clause.

Government Amendment 9

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 21, page 15, line 3, at end insert—
“(2A) If an inspector gives an authorisation under subsection (2), the inspector must, as soon as it is practicable to do so, cause an officer of at least the rank of superintendent to be informed.”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment provides that where an inspector authorises a constable to exercise a power of seizure under this clause the inspector must cause an officer of at least the rank of superintendent to be informed as soon as is practicable.

Government Amendment 10

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 23, page 17, line 41, leave out “superintendent” and insert “inspector”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment changes the rank of the officer who may authorise a constable to exercise a power to access, examine, copy, retain or use information under this clause.

Government Amendment 11

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 23, page 17, line 41, at end insert—
“(3) If an inspector gives an authorisation under subsection (2), the inspector must, as soon as it is practicable to do so, cause an officer of at least the rank of superintendent to be informed.”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment provides that where an inspector authorises a constable to exercise a power to access, examine, copy, retain or use information under this clause the inspector must cause an officer of at least the rank of superintendent to be informed as soon as is practicable.

Government Amendment 12

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 25, page 18, line 24, leave out “22” and insert “23”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment corrects an incorrect cross-reference; the effect is that the Secretary of State may by regulations provide that a reference to an authorised officer in clause 23 (rather than clause 22) includes a person of a description specified in the regulations.

Opposition Amendment 32

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

Page 30, line 29, leave out Clause 37

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This amendment would remove the clause relating to the repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024.

Opposition Amendment 33

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

Page 30, line 31, leave out Clause 38

Type: Opposition

Signatures: 2

Chris Philp (Con - Croydon South) - 08 May 2025

Shadow Home Secretary

Matt Vickers (Con - Stockton West) - 08 May 2025

Shadow Minister (Crime, Policing and Fire)

Member's explanatory statement

This amendment would remove the clause relating to the repeal of immigration legislation.

Opposition Amendment 35

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

Clause 38, page 30, line 34, leave out "11" and insert "12"

Type: Opposition

Signatures: 12

Carla Denyer (Green - Bristol Central) - 08 May 2025

Green Spokesperson (Immigration)

Apsana Begum (Lab - Poplar and Limehouse) - 08 May 2025
Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 08 May 2025
Siân Berry (Green - Brighton Pavilion) - 08 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 08 May 2025

Green Spokesperson (Foreign Affairs)

Pete Wishart (SNP - Perth and Kinross-shire) - 08 May 2025

Shadow SNP Spokesperson (Home Affairs)

Zarah Sultana (Ind - Coventry South) - 08 May 2025
Adrian Ramsay (Green - Waveney Valley) - 08 May 2025

Green Spokesperson (Treasury)

Ben Lake (PC - Ceredigion Preseli) - 08 May 2025
Ann Davies (PC - Caerfyrddin) - 08 May 2025
Llinos Medi (PC - Ynys Môn) - 08 May 2025
Liz Saville Roberts (PC - Dwyfor Meirionnydd) - 08 May 2025

Member's explanatory statement

This amendment would add section 12, concerning the Secretary of State’s powers to detain people under the Immigration Act 1972, to the list of sections of the Illegal Migration Act 2023 to be repealed.

Opposition Amendment 34

Tabled: 08 May 2025
Notices of Amendments as at 8 May 2025

This amendment was NOT CALLED

Clause 38, page 31, line 1, leave out “28” and insert “29”

Type: Opposition

Signatures: 7

Lisa Smart (LD - Hazel Grove) - 08 May 2025

Liberal Democrat Spokesperson (Cabinet Office)

Christine Jardine (LD - Edinburgh West) - 08 May 2025
Ben Maguire (LD - North Cornwall) - 08 May 2025

Liberal Democrat Shadow Attorney General

Josh Babarinde (LD - Eastbourne) - 08 May 2025
Will Forster (LD - Woking) - 08 May 2025

Liberal Democrat Spokesperson (Immigration and Asylum)

Susan Murray (LD - Mid Dunbartonshire) - 08 May 2025

Liberal Democrat Spokesperson (Scotland)

Vikki Slade (LD - Mid Dorset and North Poole) - 08 May 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Member's explanatory statement

This amendment would repeal Section 29 of the Illegal Immigration Act 2024, which requires the Secretary of State to remove people who have sought to use modern slavery protections in “bad faith”.

Opposition Amendment 3

Tabled: 02 May 2025
Notices of Amendments as at 2 May 2025

This amendment was NOT CALLED

Clause 38, page 31, line 5, at end insert—
“(i) sections 29 and 59.”

Type: Opposition

Signatures: 9

Pete Wishart (SNP - Perth and Kinross-shire) - 02 May 2025

Shadow SNP Spokesperson (Home Affairs)

Apsana Begum (Lab - Poplar and Limehouse) - 02 May 2025
Carla Denyer (Green - Bristol Central) - 02 May 2025

Green Spokesperson (Immigration)

Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 02 May 2025
Siân Berry (Green - Brighton Pavilion) - 02 May 2025

Green Spokesperson (Crime and Policing)

Ellie Chowns (Green - North Herefordshire) - 02 May 2025

Green Spokesperson (Foreign Affairs)

Claire Hanna (SDLP - Belfast South and Mid Down) - 02 May 2025
Zarah Sultana (Ind - Coventry South) - 02 May 2025
Adrian Ramsay (Green - Waveney Valley) - 02 May 2025

Green Spokesperson (Treasury)

Member's explanatory statement

This amendment would add sections 29 and 59 to the list of sections of the Illegal Migration Act 2023 to be repealed.

Government Amendment 13

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 40, page 32, line 21, at end insert “and certain related amendments of other provision”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment is consequential on the amendments of Schedule 1 made by amendments 24, 27 and 29.

Government Amendment 14

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 48, page 43, line 7, leave out “within subsection (2)” and insert “made by a court in England and Wales”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment and Amendments 15, 16, 17, 18 and 19 remove provision enabling the imposition of electronic monitoring requirements by a court in Scotland or Northern Ireland when making an SCPO which is terrorism-related.

Government Amendment 15

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 48, page 43, leave out lines 11 to 14

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

See the explanatory statement to Amendment 14.

Government Amendment 16

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 48, page 45, line 2, leave out “the court” and insert “, in the case of an order made by a court in England and Wales, the High Court in England and Wales”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment is consequential on Amendments 14, 15, 17, 18 and 19 removing provision enabling the imposition of electronic monitoring requirements by a court in Scotland or Northern Ireland when making an SCPO which is terrorism-related.

Government Amendment 17

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 48, page 45, line 6, leave out “the court” and insert “, in the case of an order made by a court in England and Wales, the Crown Court in England and Wales”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment is consequential on Amendments 14, 15, 16, 18 and 19 removing provision enabling the imposition of electronic monitoring requirements by a court in Northern Ireland when making an SCPO which is terrorism-related.

Government Amendment 18

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 48, page 45, line 10, leave out “the court” and insert “, in the case of an order made by a court in England and Wales, the Crown Court in England and Wales”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment is consequential on Amendments 14, 15, 16, 17 and 19 removing provision enabling the imposition of electronic monitoring requirements by a court in Northern Ireland when making an SCPO which is terrorism-related.

Government Amendment 19

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 48, page 45, leave out lines 12 to 21

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment is consequential on Amendments 14, 15, 16, 17 and 18 removing provision enabling electronic monitoring requirements to be imposed by a court in Scotland when making an SCPO which is terrorism-related.

Government Amendment 20

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 57, page 60, line 22, at end insert—
“(ca) section 63(3) of the Immigration, Asylum and Nationality Act 2006,”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment is consequential on NC5.

Government Amendment 21

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 58, page 60, line 32, leave out paragraph (b) and insert—
“(b) paragraphs 2 to 4 of Schedule 1 (and section 40 and paragraph 1 of that Schedule so far as relating to those paragraphs);”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment is consequential on the amendments of Schedule 1 made by amendments 24 to 29.

Government Amendment 22

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Clause 58, page 60, line 36, after “regulations” insert “or an order”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment is consequential on amendment 28 and enables an order under the power inserted by that amendment to be made on or after the day on which the Bill is passed.

Government Amendment 23

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Schedule 1, page 62, line 5, leave out paragraph 1 and insert —
“1 The Immigration and Asylum Act 1999 is amended as follows.”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment is consequential on the amendments of Schedule 1 made by amendments 24, 27 and 29.

Government Amendment 24

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Schedule 1, page 62, line 6, at end insert—
“Power to amend definition of “relevant matters”
1A In section 82 (interpretation of Part 5), after subsection (3) insert—
“(4) The Secretary of State may by regulations amend the definition of “relevant matters” in subsection (1).
(5) Regulations under subsection (4) may make consequential amendments to this section.”
1B (1)In section 166(5) (regulations subject to the affirmative procedure), after paragraph (c) insert—
(cza)section 82(4),”
(2)If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, sub-paragraph (1) has effect as if after “procedure),” there were inserted “omit the “or” at the end of paragraph (c) and”.”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment enables the definition of “relevant matters” in section 82(1) of the Immigration and Asylum Act 1999 to be amended by regulations.

Government Amendment 25

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Schedule 1, page 62, line 6 at end insert—
“Suspension etc of registration
1C In section 84(3)(b) (effect of suspension of registration on person’s registration), for “4B(5)” substitute “4C(1)“.
1D (1)Section 87 (appeals to First-tier Tribunal) is amended as follows.
(2)After subsection (3A) insert—
(3AA)Subsection (3A) does not apply in relation to a decision to cancel a person’s registration under paragraph 4A(e) of Schedule 6 if condition A or B is met.
(3AB)Condition A is that the Commissioner notifies the person to whom the decision relates (“the relevant person”) in writing that—
(a)the Commissioner considers that the relevant person is acting or has acted in a way which—
(i)creates a risk of serious harm to persons seeking immigration advice or immigration services, or
(ii)creates a risk of serious harm to the system of immigration control in the United Kingdom, and
(b)accordingly, the decision to cancel the relevant person’s registration has effect from the time specified in the notice and while the period mentioned in subsection (3A) is running.
(3AC)Condition B is that the person’s registration has been cancelled wholly or partly on the basis that the person has been convicted of—
(a)an offence involving dishonesty or deception, or
(b)an indictable offence.”
(3)After subsection (3C) insert—
(3D)Tribunal Procedure Rules may not permit a direction of the kind mentioned in subsection (3B) in relation to a decision to cancel a person’s registration under paragraph 4A(e) of Schedule 6 where the person meets condition B in subsection (3AC).”
(4)In subsection (4), for the words from “paragraph 4B” to the end of the subsection substitute “paragraphs 4AA and 4B of Schedule 6 (appeals against suspension by the Commissioner).”
(5)After subsection (4) insert—
(4A)For the purposes of this section, conduct creates a risk of serious harm to the system of immigration control in the United Kingdom if, in particular, it involves—
(a)abuse of a procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure), or
(b)advice to any person to do something which would amount to such an abuse.”
1E (1)Schedule 6 (registration) is amended as follows.
(2)Before paragraph 4B (but after the italic heading before that paragraph) insert—
“4AA (1)The Commissioner may, by notice in writing to a registered person, suspend the person’s registration from the time specified in the notice if—
(a)the Commissioner has reason to suspect that the registered person is acting or has acted in a way which—
(i)creates a risk of serious harm to persons seeking immigration advice or immigration services, or
(ii)creates a risk of serious harm to the system of immigration control in the United Kingdom, and
(b)accordingly, the Commissioner considers it is necessary to suspend the person’s registration.
(2)The Commissioner—
(a)may, by notice in writing to a person whose registration has been suspended under sub-paragraph (1), cancel the suspension of the person’s registration, and
(b)must do so if the Commissioner is no longer satisfied that paragraph (a) or (b) of that sub-paragraph applies in relation to that person.
(3)If a person’s registration has been suspended under sub-paragraph (1), the Commissioner must consider whether the suspension should be cancelled—
(a)before the end of the period of 7 working days beginning with the working day after the day on which the Commissioner issued the notice of the suspension, and
(b)before the end of each subsequent period of 7 working days.
(4)A person whose registration is suspended under sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension.
(5)For the purposes of this paragraph, conduct creates a risk of serious harm to the system of immigration control in the United Kingdom if, in particular, it involves—
(a)abuse of a procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure), or
(b)advice to any person to do something which would amount to such an abuse.
(6)In this paragraph “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.”
(3)In paragraph 4B—
(a)for sub-paragraph (1) substitute—
(1)The Commissioner may, by notice in writing to a registered person, suspend the person’s registration from the time specified in the notice if the person is charged with—
(a)an offence involving dishonesty or deception,
(b)an indictable offence, or
(c)an offence under section 25 or 26(1)(d) or (g) of the 1971 Act.
(1A)The Commissioner may, by notice in writing to a person whose registration has been suspended under sub-paragraph (1), cancel the suspension of the person’s registration.
(1B)A person whose registration is suspended under sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension.”
(b)in sub-paragraph (2), in the opening words, for “The suspension” substitute “Otherwise, the suspension under sub-paragraph (1)“, and
(c)omit sub-paragraphs (5) to (7).
(4)After paragraph 4B insert—
“4C (1)A person whose registration is suspended under paragraph 4AA or 4B is not to be treated as a registered person for the purposes of section 84 (but is to be treated as a registered person for the purposes of the other provisions of this Part).
(2)Where a person’s registration is suspended under paragraph 4AA or 4B the Commissioner must as soon as reasonably practicable record the suspension in the register.
(3)Where a suspension under paragraph 4AA or 4B ceases to have effect (and the person’s registration is not cancelled) the Commissioner must as soon as reasonably practicable remove the record of suspension from the register.””

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment makes provision for the cancellation of a person’s registration as a provider of immigration advice or immigration services to have immediate effect in certain circumstances as well as for the suspension of a person’s registration.

Government Amendment 26

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Schedule 1, page 62, line 6, at end insert—
“Provision of immigration advice or immigration services under supervision
1F In section 84 (provision of immigration services), after subsection (3B) insert—
“(3C) A person’s entitlement to provide immigration advice or immigration services by virtue of subsection (2)(e) is subject to section 84A and regulations under section 84B.”
1G After section 84 insert—
“84A Limitations on acting under supervision: sanctions under this Part
(1) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) (persons acting under supervision) if—
(a) P is disqualified under paragraph 4 of Schedule 6 (conviction of certain immigration offences) for registration under paragraph 2 of that Schedule or continued registration under paragraph 3 of that Schedule,
(b) P’s registration is suspended under paragraph 4AA of Schedule 6 (suspension on grounds of risk of serious harm), or
(c) P’s registration is suspended under paragraph 4B of Schedule 6 (suspension of persons charged with particular offences).
(2) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) during the relevant period if—
(a) P’s registration has been cancelled under paragraph 4A(e) of Schedule 6 (cancellation for lack of competence etc), and
(b) the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition A in subsection (3AB) of that section (risk of serious harm) was met in relation to P.
(3) In subsection (2) “the relevant period” means the period of 12 months beginning with the time specified in the notice under section 87(3AB) as the time at which the decision to cancel P’s registration had effect.
(4) Subsection (2) does not apply if—
(a) the Commissioner decides to register P or to continue P’s registration, or
(b) the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).
(5) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—
(a) P’s registration has been cancelled under paragraph 4A(e) of Schedule 6, and
(b) the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition B in subsection (3AC) of that section (conviction of particular offences) was met in relation to P.
(6) Subsection (5) does not apply if—
(a) P’s conviction of the offence mentioned in section 87(3AC) is quashed or set aside,
(b) the Commissioner decides to register P or to continue P’s registration, or
(c) the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).
(7) A person (“P”) other than a person to whom subsection (1), (2) or (5) applies is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—
(a) subsection (8) applied to P when P entered into the arrangement for supervision, and
(b) P did not inform the person by whom P was to be supervised of that fact before entering into that arrangement.
(8) This subsection applies to P if—
(a) P is or has previously been subject to a direction by the First-tier Tribunal under section 89(2A)(a) (directions in connection with registration),
(b) P is or has previously been subject to a direction by the First-tier Tribunal under section 89(8)(a) (restrictions on provision of immigration advice or immigration services),
(c) P has previously been subject to a direction by the First-tier Tribunal under section 89(8)(b) (suspension from provision of immigration advice or immigration services),
(d) P is or has previously been subject to an order made by a disciplinary body under section 90(1)(a) (restrictions on provision of immigration advice or immigration services),
(e) P has previously been subject to an order made by a disciplinary body under section 90(1)(b) (suspension from provision of immigration advice or immigration services),
(f) P has at any time been given a penalty notice under section 92C (power to impose monetary penalties),
(g) P’s registration has at any time been cancelled under paragraph 6(3)(a) of Schedule 5 (failure to assist with investigation),
(h) P’s registration has at any time been cancelled under paragraph 10A(7) or (8) of Schedule 5 (failure to allow access to premises etc),
(i) P’s registration has at any time been cancelled under paragraph 4A(d) or (e) of Schedule 6 (cancellation following direction by First-tier Tribunal or for lack of competence etc),
(j) P’s registration has previously been suspended under paragraph 4AA of Schedule 6, or
(k) P’s registration has previously been suspended under paragraph 4B of Schedule 6.
(9) Subsection (7) does not apply if, before the time mentioned in subsection (7)(a), the direction, order, penalty, cancellation or suspension referred to in subsection (8)—
(a) had been reversed, cancelled or quashed,
(b) had been overturned on appeal (and had not subsequently been reinstated as a result of a further appeal), or
(c) in the case of suspension under paragraph 4B of Schedule 6, had ceased to have effect by virtue of sub-paragraph (2) of that paragraph.
84B Limitations on acting under supervision: other sanctions
(1) The Secretary of State may by regulations provide that a person is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where—
(a) the person is subject to a professional sanction of a kind specified in the regulations, or
(b) in the circumstances specified in the regulations, the person is disqualified or suspended from practice as a member of a relevant profession.
(2) The Secretary of State may by regulations provide that a person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where—
(a) when P entered into the arrangement for supervision—
(i) P was or had previously been subject to a professional sanction of a kind specified in the regulations, or
(ii) in the circumstances specified in the regulations, P was or had previously been disqualified or suspended from practice as a member of a relevant profession, and
(b) P did not inform the person by whom P was to be supervised of that fact before entering into the arrangement for supervision.
(3) In this section—
“professional sanction” means an order, direction or decision which is imposed, given or made by, or other action which is taken by—
(a) a designated professional body,
(b) a designated qualifying regulator,
(c) a relevant disciplinary body,
(d) an Inn of Court, or
(e) a judge, court or tribunal in the exercise of a function in relation to the provision of legal services;
“relevant disciplinary body” means a body established wholly or partly for the purpose of exercising disciplinary functions in relation to—
(a) members of a designated professional body, or
(b) persons regulated by a designated qualifying regulator;
“relevant profession” means a profession which is regulated by a designated professional body or a designated qualifying regulator.””

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment makes provision about a person’s entitlement to provide immigration advice or immigration services under supervision where the person is or has been subject to a sanction imposed by the Immigration Services Commissioner or in the person’s capacity as a legal professional.

Government Amendment 27

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Schedule 1, page 62, line 6, at end insert—
“Monetary penalties
1H After section 92B insert—
“92C Power to impose monetary penalties
(1) The Commissioner may give a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the relevant person—
(a) has failed to comply with—
(i) the duty imposed on the person by paragraph 3(4) of Schedule 5 (duty to comply with Code of Standards) or paragraph 6(2) of that Schedule (duty to assist with investigation of complaint), or
(ii) any other requirement imposed on the person by or under this Part, or
(b) has, without reasonable excuse, obstructed the Commissioner in the exercise of the Commissioner’s functions under paragraph 4A of Schedule 5 (power to carry out inspections).
(2) In this section “relevant person”, in relation to the giving of a penalty notice, means a person who was a registered person at the time of the act or omission in relation to which the notice is given.
(3) A penalty notice is a notice requiring the person to whom it is given to pay to the Commissioner—
(a) an amount specified in regulations made by the Secretary of State (a “fixed penalty notice”), or
(b) an amount specified by the Commissioner in the notice (a “variable penalty notice”).
(4) The Commissioner may give a person who is not a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has failed to comply with the duty imposed on the person by paragraph 6(2) of Schedule 5.
(5) The Commissioner may give an unqualified person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has committed an offence under section 91 or 92B.
(6) In subsection (5) “unqualified person”, in relation to the giving of a penalty notice, means a person who was not a qualified person at the time of the act or omission in relation to which the notice is given.
(7) An amount specified in regulations under subsection (3)(a), and the amount specified in a variable penalty notice, must not exceed—
(a) in the case of a penalty imposed on a person under subsection (5) in relation to the commission of an offence under section 92B, the maximum amount of the fine that could be imposed on the person on summary conviction for the offence;
(b) in any other case, £15,000.
(8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).
(9) In this section and sections 92D to 92H—
“penalty notice” means a notice under this section;
“fixed penalty notice” and “variable penalty notice” have the meanings given by subsection (3).
92D Procedure for imposing penalties
(1) Before giving a penalty notice to a person the Commissioner must notify the person of the Commissioner’s intention to do so.
(2) The notice under subsection (1) must—
(a) specify the proposed amount of the penalty,
(b) specify the Commissioner’s reasons for proposing to impose the penalty,
(c) specify the period during which the person may make representations about the proposal (“the specified period”), and
(d) specify the way in which those representations may be made.
(3) The specified period must not be less than 28 days beginning with the date on which the notice under subsection (1) is given.
(4) The Commissioner must have regard to any representations made by a person during the specified period in deciding—
(a) whether to give a penalty notice to the person, and
(b) if the Commissioner decides to give a variable penalty notice to the person, the amount of the penalty specified in the notice.
(5) Where the Commissioner gives a penalty notice to a person, the notice must specify—
(a) the amount of the penalty, and
(b) the period within which the penalty must be paid (“the payment period”).
(6) The penalty notice must also contain information as to—
(a) the grounds for the penalty,
(b) how payment may be made,
(c) the details of any early payment discount or late payment penalty included by virtue of subsection (7),
(d) the consequences of non-payment,
(e) rights of appeal, and
(f) the period within which an appeal may be made.
(7) The penalty notice may include provision for the amount payable under the notice—
(a) to reduce in the event of early payment;
(b) to increase in the event of payment after the end of the payment period.
92E Appeals against penalties
(1) A person to whom a penalty notice has been given may appeal to the First-tier Tribunal against—
(a) the decision to give the person a penalty notice;
(b) where the notice given is a variable penalty notice, the amount of the penalty specified in the notice.
(2) On an appeal under this section, the Tribunal may—
(a) cancel the penalty,
(b) confirm the requirement to pay the penalty, or
(c) in the case of an appeal under subsection (1)(b), amend the amount of the penalty.
(3) The requirement to pay the penalty under the notice is suspended at any time when—
(a) an appeal under this section could be brought by the person in respect of the penalty, or
(b) such an appeal is pending.
(4) But subsection (3)(a) does not prevent the requirement to pay taking effect if the person notifies the Commissioner that the person does not intend to appeal.
(5) No further amount is payable as a result of provision included in the penalty notice by virtue of section 92D(7)(b) in respect of the period during which the requirement to pay is suspended.
(6) For the purposes of subsection (3)(b) an appeal is pending during the period—
(a) starting when the appeal is brought, and
(b) ending when the appeal is finally determined, abandoned or withdrawn.
92F Enforcement of penalty notices
(1) This section applies if a person who is liable to pay an amount to the Commissioner under a penalty notice has not paid the whole or any part of that amount when it is required to be paid.
(2) In England and Wales the Commissioner may recover the unpaid amount on the order of the county court as if it were payable under an order of that court.
(3) In Scotland payment of the unpaid amount may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4) In Northern Ireland the Commissioner may recover the unpaid amount on the order of a county court as if it were payable under an order of that court.
92G Guidance about penalties
(1) The Commissioner must prepare and publish guidance about the Commissioner’s use of the power to give a penalty notice.
(2) The guidance must, in particular, include information as to—
(a) the circumstances in which the Commissioner is likely to give—
(i) a fixed penalty notice, or
(ii) a variable penalty notice, and
(b) in the case of a variable penalty notice, the matters to which the Commissioner has regard in determining the amount of the penalty.
(3) The Commissioner—
(a) must from time to time review the guidance, and
(b) may revise and republish the guidance following a review.
(4) Before preparing or revising guidance under this section, the Commissioner must consult such persons as the Commissioner considers appropriate.
92H Penalties imposed in relation to commission of offence: convictions
A person who is required to pay a penalty under a penalty notice given under section 92C(5) (penalty in respect of offence under section 91 or 92B) may not at any time be convicted of an offence under section 91 or, as the case may be, 92B in respect of the act or omission in relation to which the notice was given.”
1I (1)In section 166(5) (regulations subject to the affirmative procedure), after paragraph (cza) (as inserted by paragraph 1B) insert—
(czb)section 92C(3)(a) or (8),”
(2)If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, paragraph 24(2) of that Schedule has effect on its coming into force as if for “for the “or” at the end of paragraph (c) substitute” there were substituted “after paragraph (czb) insert”.
1J (1)Schedule 5 is amended as follows.
(2)In paragraph 6(3) (investigations under the complaints scheme), after paragraph (c) (and on a new line insert)—
“(See also section 92C (which confers a power to impose monetary penalties for breaching the duty imposed by paragraph 6(2)).)”
(3)In paragraph 9(1) (determination of complaints), after paragraph (f) (as inserted by paragraph 1M(4)) (and on a new line) insert—
“(See also section 92C (which confers a power to impose monetary penalties for breaching the Code or otherwise failing to comply with requirements imposed by or under this Part).)””

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment confers powers on the Immigration Services Commissioner to impose monetary penalties on persons providing immigration advice or immigration services.

Government Amendment 28

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Schedule 1, page 62, line 6, at end insert—
“Fees
1K After section 93 insert—
“93A Fees
(1) The Secretary of State may by order provide for fees to be charged by the Commissioner in respect of the exercise of the Commissioner’s functions.
(2) The order may, in particular, make provision—
(a) for fees (including fees for the taking of examinations) to be charged in respect of the assessment of a person’s competence to provide immigration advice or immigration services;
(b) for fees to be charged in respect of a person’s registration or continued registration;
(c) for fees to be charged for making changes to a person’s registration;
(d) for fees to be charged in respect of the provision by the Commissioner of training for persons providing or seeking to provide immigration advice or immigration services;
(e) for fees to be charged in respect of the provision by the Commissioner of, or of access to, training or other material for such persons;
(f) for fees to be charged in respect of the provision by the Commissioner of events for such persons;
(g) for fees to be charged in respect of the accreditation by the Commissioner of training or events for such persons;
(h) for fees to be charged in respect of the provision of advice by the Commissioner;
(i) for, and in connection with, requiring or authorising the Commissioner to waive all or part of a fee in particular cases.
(3) The order may result in the charging of a fee in respect of the exercise of a function in a particular case which exceeds the costs of exercising the function in that case.
(4) But in specifying the amount of a fee by virtue of subsection (3) the Secretary of State may have regard only to either or both of the following—
(a) the costs of exercising the function in question;
(b) the costs of exercising any other function of the Commissioner.
(5) References in subsection (4) to the costs of exercising a function are to the costs of doing so in a particular class of case or in all cases.
(6) In this section “registration” means registration with the Commissioner under section 85.”
1L In Schedule 6, for paragraph 5 substitute—
“5 No application under paragraph 1 or 3 is to be entertained by the Commissioner unless it is accompanied by the fee specified for that application by order under section 93A (but this is subject to any waiver in accordance with provision by virtue of subsection (2)(i) of that section).””

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment replaces the current power for the Secretary of State to specify the fees that may be charged by the Immigration Services Commissioner with a new and wider power.

Government Amendment 29

Tabled: 07 May 2025
Notices of Amendments as at 7 May 2025

This amendment was AGREED

Schedule 1, page 62, line 6, at end insert—
“The complaints scheme
1M (1)Schedule 5 is amended as follows.
(2)In paragraph 5(3), after paragraph (b) insert—
(ba)the provision of immigration advice or immigration services by a person in contravention of section 84,”.
(3)In paragraph 6—
(a)in sub-paragraph (2) for “is the subject of an investigation under the scheme” substitute “falls within sub-paragraph (2A)”;
(b)after sub-paragraph (2) insert—
(2A)A person (“P”) falls within this sub-paragraph if—
(a)P is the subject of an investigation under the scheme, or
(b)in a case where the person who is the subject of an investigation under the scheme is a relevant body, P—
(i)was an officer, member or partner of the body when the body provided the immigration advice or immigration services to which the complaint relates, but
(ii)is no longer such an officer, member or partner.
(2B)In sub-paragraph (2A)—
(a)“relevant body” means a body which was a registered person at the time to which the complaint relates;
(b)“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.”
(4)In paragraph 9—
(a)in sub-paragraph (1), after paragraph (e) insert—
(f)if the person to whom the complaint relates (“P”) was not, at the time to which the complaint relates, a relevant authorised person, order P or a relevant body in relation to P—
(i)to refund all or any part of the fees charged by P or the relevant body for the immigration advice or immigration services to which the complaint relates;
(ii)to pay to the person to whom the advice or services were provided an amount specified in the order by way of compensation in respect of any loss, inconvenience or distress suffered by the person as a result of the provision of the advice or services.”;
(b)after sub-paragraph (1B) insert—
(1C)For the purposes of sub-paragraph (1)(f) and this sub-paragraph—
(a)a person is a “relevant authorised person” if—
(i)the person falls within section 84(2)(b), or
(ii)the person falls within section 84(2)(e) because the person acts on behalf of, and under the supervision of, a person falling within section 84(2)(b);
(b)a body is a “relevant body” in relation to P if P was acting as the employee, officer, member or partner of the body when providing the immigration advice or immigration services to which the complaint relates;
(c)“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.
(1D)The total amount that may be ordered to be refunded or paid by virtue of sub-paragraph (1)(f) in respect of a complaint must not exceed £250,000.
(1E)The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (1D).
(1F)An order under sub-paragraph (1)(f) may specify the time by which the refund or payment must be made.”
(5)After paragraph 9 insert—
“Order on determination of complaint to refund fees or pay compensation: procedure, appeals and enforcement
9AThe complaints scheme must include provision securing that, where the Commissioner proposes to make an order under paragraph 9(1)(f) against a person—
(a)the Commissioner must give the person a notice of what is proposed (a “notice of intent”),
(b)the person may, within the period specified in the notice of intent, make written representations and objections to the Commissioner in relation to the proposed order,
(c)the Commissioner must, at the end of the period for making representations and objections, consider any representations and objections made and—
(i)determine to make the proposed order,
(ii)determine not to make an order under paragraph 9(1)(f) against the person,
(iii)determine to make an order under paragraph 9(1)(f) against the person requiring the person to refund or pay an amount which is less than the amount mentioned in the notice of intent, or
(iv)provisionally determine to make an order under paragraph 9(1)(f) against the person requiring the person to refund or pay an amount which is greater than the amount mentioned in the notice of intent, and
(d)where the Commissioner makes a provisional determination as mentioned in paragraph (c)(iv), the person is given an opportunity to make written representations and objections in relation to the provisional determination which must be considered by the Commissioner before the order is made.
9BWhere the Commissioner makes an order under paragraph 9(1)(f) against a person, the person may appeal to the First-tier Tribunal against the making of the order.
9C (1)This paragraph applies where—
(a)on determining a complaint under the complaints scheme, the Commissioner makes an order under paragraph 9(1)(f) for an amount to be refunded or paid to a person (“P”), and
(b)the appeal rights in relation to the order are exhausted.
(2)For the purposes of sub-paragraph (1)(b) the appeal rights in relation to an order are exhausted at a time when—
(a)it is no longer possible for an appeal against the order to be made under paragraph 9B (ignoring any possibility of an appeal out of time), and
(b)there is no appeal against the order which is pending.
(3)On the application of P or the Commissioner, a court may order that the amount to be refunded or paid under the order is recoverable as if it were payable under an order of that court.
(4)The Commissioner may make an application under sub-paragraph (3) only—
(a)in the circumstances specified in the complaints scheme, and
(b)with P's consent.
(5)If a court makes an order under sub-paragraph (3) on the application of the Commissioner, the Commissioner may, in the circumstances specified in the complaints scheme and with P’s consent, recover the amount mentioned in that sub-paragraph on behalf of P.
(6)For the purposes of this paragraph—
(a)an appeal is pending during the period—
(i)starting when the appeal is brought, and
(ii)ending when the appeal is finally determined, abandoned or withdrawn;
(b)“court” means—
(i)in England and Wales, the High Court or the county court;
(ii)in Scotland, the Court of Session or the sheriff;
(iii)in Northern Ireland, the High Court or a county court.”
1N (1)In section 166(5) (regulations subject to the affirmative procedure), at the end of paragraph (d) insert “or
(e)paragraph 9(1E) of Schedule 5,”
(2)If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, paragraph 24(2) of that Schedule has effect on its coming into force as if the “or” at the end of paragraph (ca) as inserted by paragraph 24(2) were omitted.
(3)If sub-paragraph (1) comes into force at the same time as or after the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, omit the “or” at the end of section 166(5)(ca) of the Immigration and Asylum Act 1999 (as inserted by paragraph 24(2) of that Schedule).”

Type: Government

Signatures: 1

Yvette Cooper (Lab - Pontefract, Castleford and Knottingley) - 07 May 2025

Foreign Secretary

Member's explanatory statement

This amendment extends the Immigration Services Commissioner’s complaints scheme in relation to who may be the subject of a complaint under the scheme, who may be required to co-operate with the investigation of a complaint and what sanctions may be imposed if a complaint is upheld.