Border Security, Asylum and Immigration Bill

A Bill to make provision about border security; to make provision about immigration and asylum; to make provision about sharing customs data and trailer registration data; to make provision about articles for use in serious crime; to make provision about serious crime prevention orders; to make provision about fees paid in connection with the recognition, comparability or assessment of qualifications; and for connected purposes.

This is the latest version of the Bill

Available Versions

13 May 2025
Lords: Committee
HL Bill 101 (as brought from the Commons)
(279 amendments)
19 Mar 2025
Commons: Report
Bill 205 2024-25 (as amended in Public Bill Committee)
(84 amendments)
30 Jan 2025
Commons: Committee
Bill 173 2024-25 (as introduced)
(69 amendments)

Relevant Documents

Bill PDF
HL Bill 101 (as brought from the Commons)
Latest Amendments
HL Bill 101-VI Sixth marshalled list for Committee
Explanatory Note
HL Bill 101 Explanatory Notes
Impact Assessment
Impact Assessment from the Home Office

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Proposed New Clauses

Page 1

Part 1

 

Border security

 

Chapter 1

 

The Border Security Commander

 
"The Border Security Commander"

Source HL Bill 101 Explanatory Notes

57. This clause makes provision for the Border Security Commander ("the Commander") to be a statutory office holder.

58. Subsection (1) requires the Secretary of State to designate a civil servant as the Commander.

59. Subsection (2) ensures that the Commander is to carry out the functions of the statutory office on behalf of the Crown, and subsection (3) ensures that service as the Commander is in the civil service of the State.

60. To enable the Commander to perform their functions, subsection (4) requires the Home Secretary to provide civil servants or other persons to give appropriate assistance to the Commander.
1
The Border Security Commander
5
 
(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.
10
 
(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"

Source HL Bill 101 Explanatory Notes

61. This clause makes provision about the terms and conditions of designation.

62. Subsection (1) requires the Commander to hold and vacate office in accordance with the terms and conditions of designation. This is subject to subsections (3) to (5). Subsection (2) provides that such terms and conditions are to be determined by the Secretary of State.

63. Subsection (3) provides that the Secretary of State may also terminate the designation of the Commander in the interests of efficiency or effectiveness, or by reason of misconduct, or of any failure by the Commander to comply with the terms and conditions of the designation.

64. Subsection (4) requires that, before terminating the designation of the Commander, the Secretary of State must: write to the Commander setting out his or her reasons; give the Commander the opportunity to make written representations; and consider any such representations made by the Commander. In the event of any decision to terminate, termination may be immediate or may be following period of time determined by the Secretary of State.
2
Terms and conditions of designation etc
 
 
(1)
The Commander is to hold and vacate office in accordance with the terms
15
 
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—
5
 
(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
10
 
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
15
 
(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
20
 
(b)
on such date or at the end of such period as the Secretary of State
 
 
may determine.
 
"Functions of the Commander"

Source HL Bill 101 Explanatory Notes

65. This clause makes provision for the functions of the Commander.

66. Subsection (1) requires the Commander to have regard to the objectives of a) maximising the effectiveness of the activities of partner authorities relating to threats to border security, for the purpose of minimising such threats; and b) maximising the coordination of those activities for that purpose.

67. Subsection (2) requires the Commander to issue a strategic priority document from time to time. The document must include the principal threats to border security, as viewed by the Commander at the time the document is issued. The document must also set out the strategic priorities to which partner authorities should have regard in exercising their functions in relation to any of the principal threats identified in the strategic priority document.

68. In exercising its functions in relation to threats to border security, a partner authority must have regard to the strategic priority document (subsection (3)).

69. Subsection (4) provides that, before issuing a strategic priority document, the Commander must: consult the Board at a meeting of the Board; and obtain the consent of the Secretary of State to issue the document.

70. Subsection (5) sets out definitions of "border security", "partner authority" and "public authority". Subsection (6) also outlines the exclusion from the definition of "partner authority" (and therefore in relation to subsequent obligations on partner authorities) for (a) the Security Service, (b) the Secret Intelligence Service, and (c) the Government Communications Headquarters. (See also subsections (3) and (4) of clause 5 in relation to those bodies.)

71. Subsection (7) provides that, for the purpose of this Bill but subject to subsection (9), threats to border security include the passage or conveyance of any person or thing towards, into or out of the United Kingdom, or the organisation of or preparation for such passage or conveyance, in circumstances mentioned in subsection (8).

72. Subsection (8) identifies the circumstances where the passage, conveyance, organisation or preparation as referred to in subsection (7): (a) constitutes an offence under the law of any part of the United Kingdom; (b) creates a risk of the commission of an offence under the law of any part of the United Kingdom; or (c) threatens harm of any kind to persons or property in the United Kingdom.

73. Subsection (9) provides that, for the purpose of this Bill, threats to border security do not include threats relating to a customs revenue matter as defined in section 7(2) of the Borders, Citizenship and Immigration Act 2009.
3
Functions of the Commander
 
 
(1)
In exercising the Commander’s functions, the Commander must have regard
 
 
to the objectives of—
25
 
(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
30
 
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
35
 
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
40
 
(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);
5
 
“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.
10
 
(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) .
15
 
(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
20
 
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
25
 
the Borders, Citizenship and Immigration Act 2009 (see section 7(2) of that
 
 
Act).
 
"Duty to prepare annual reports"

Source HL Bill 101 Explanatory Notes

74. This clause makes provision in respect of the Commander

4
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.
30
 
(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
35
 
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
40

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—
5
 
(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.
 
5
Duties of cooperation etc
 
 
(1)
A partner authority must, so far as appropriate and reasonably practicable,
10
 
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
15
 
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
20
 
(c)
the Director of GCHQ.
 
6
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—
25
 
(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
30
 
(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.
35
 
(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
5
 
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.
 
7
Delegation by the Commander
10
 
(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;
15
 
(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,
20
 
(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
25
 
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.
 
8
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
30
 
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
35
 
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
5
 
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.
 
9
Directions and guidance by the Secretary of State
10
 
(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
15
 
from time to time.
 
10
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
20
 
accordingly.
 
11
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.”
25
12
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
30
 
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) ;
35
 
“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

5
13
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
10
 
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) .
15
 
(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—
20
 
(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
25
 
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
30
 
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
35
 
section).
 

Page 8

14
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
5
 
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
10
 
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
15
 
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
20
 
(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
25
 
(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.
 
15
Sections
 
 
(1)
In sections 13 and 14 “relevant article” means any thing or substance, other
30
 
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,
35
 
(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
40

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—
5
 
(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) .
10
16
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
15
 
such a journey,
 
 
(b)
P possesses a document or record containing information of that kind,
 
 
or
 
 
(c)
P views, or otherwise accesses, by means of the internet a document
 
 
or record containing information of that kind.
20
 
(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
25
 
(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.
30
 
(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
35
 
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—
5
 
(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,
10
 
(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,
15
 
(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—
20
 
(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—
25
 
(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.
30
 
(11)
In this section “record” includes a photographic or electronic record.
 
17
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
35
 
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.
40

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.
5
 
(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
10
 
under section 13 , 14 or 16 .
 

Endangering another during sea crossing to United Kingdom

 
18
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) .
15
 
(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
20
 
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
25
 
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,
30
 
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
35
 
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);
5
 
(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) ”.
10
 
(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—
15
 
“(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
20
 
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—
25
 
(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
30
 
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
35
 
“, (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

 
19
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—
5
 
(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.
10
 
(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,
15
 
(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
20
 
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.
25
 
(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—
30
 
(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 .
 
20
Powers of authorised officers to search for relevant articles
35
 
(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
5
 
(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
10
 
(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
15
 
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—
20
 
(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
25
 
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
30
 
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 inspector.
 
 
(8)
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
35
 
superintendent to be informed.
 
 
(9)
A constable may use reasonable force, if necessary, in the exercise of a power
 
 
under this section.
 
21
Powers to seize and retain relevant articles
 
 
(1)
An authorised officer may seize any relevant article that—
40

Page 15

 
(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.
 
 
(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 inspector.
5
 
(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.
 
 
(4)
A constable may use reasonable force, if necessary, in the exercise of a power
 
 
under subsection (1) .
10
 
(5)
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.
 
 
(6)
A relevant article seized under subsection (1) or given under subsection (5) —
 
 
(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
15
 
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 (5) and (8) and section 22 , be returned
20
 
when paragraph (a) ceases to apply in relation to it.
 
 
(7)
A relevant article which must be returned in accordance with subsection (6) (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
25
 
reasonably believes was last in possession of the article before it was
 
 
seized.
 
 
(8)
Subsection (9) or (10) applies (as the case may be) to a relevant article to
 
 
which subsection (6) (a) ceases to apply if—
 
 
(a)
there is no person to whom it can be returned in accordance with
30
 
subsection (7) , and
 
 
(b)
it is not required to be dealt with in accordance with section 22 .
 
 
(9)
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.
35
 
(10)
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.
40

Page 16

22
Duty to pass on items seized under section
 
 
(1)
This section applies if—
 
 
(a)
an immigration officer retains a relevant article under section 21 (6) (a) ,
 
 
and
 
 
(b)
the immigration officer reasonably believes that the article or
5
 
information stored on it has been obtained in consequence of the
 
 
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
10
 
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—
15
 
(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
20
 
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—
25
 
(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
30
 
(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.
35
 
(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
40
 
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 (6) .
 

Page 17

 
(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
5
 
the article is being retained by an immigration officer, or
 
 
(b)
if there is no such person, decide whether to continue to retain the
 
 
relevant article under section 21 (6) .
 
 
(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,
10
 
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.
15
 
(12)
This section applies to a relevant article retained under section 21 (6) (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
20
 
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,
25
 
(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,
30
 
Northern Ireland legislation;
 
 
“immigration offence” means an offence which relates to an immigration
 
 
or nationality matter.
 
23
Powers to access, copy and use information stored on relevant articles
 
 
(1)
An authorised officer or the Secretary of State may—
35
 
(a)
access and examine any information stored on a relevant article that
 
 
is retained under section 21 (6) (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;
40

Page 18

 
(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
5
 
the information is authorised by a police officer of at least the rank of
 
 
inspector.
 
 
(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.
10
24
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 (6) to (10) of the Border Security, Asylum and
 
 
Immigration Act 2025.”
15
 
(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.”
20
 
(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.”
25
 
(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.”
30
25
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 23 includes a person of a description specified in
 
 
the regulations;
35

Page 19

 
(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.
5
 
(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.
 
26
Meaning of other expressions
 
 
In sections 19 to 23 and this section—
10
 
“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
15
 
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
20
 
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;
25
 
“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
30
 
(b)
anything designed or adapted for being towed by a vehicle.
 

Sharing of information

 
27
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
35
 
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—
 

Page 20

 
(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—
5
 
(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,
10
 
(f)
a UK authorised person,
 
 
(g)
the government of a country or territory outside the United Kingdom,
 
 
(h)
a person in a country or territory outside the United Kingdom with
 
 
public functions relating to—
 
 
(i)
the movement of goods or cash into or out of that country or
15
 
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—
20
 
(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—
25
 
“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);
30
 
“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
35
 
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;
40
 
(c)
HMRC;
 
 
(d)
the Commissioners for His Majesty’s Revenue and Customs;
 

Page 21

 
“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).
 
28
Use and disclosure of information supplied under section
5
 
(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
10
 
specific).
 
 
(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.
15
 
(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
20
 
(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.
25
 
(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.
30
 
(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—
35
 
(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;
40
 
(e)
human welfare purposes;
 

Page 22

 
(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).
5
 
(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;
10
 
(b)
purposes connected with—
 
 
(i)
a criminal investigation relating to an immigration or nationality
 
 
matter, or
 
 
(ii)
civil or criminal proceedings relating to such a matter,
 
 
(including investigations and proceedings outside the United Kingdom).
15
 
(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,
20
 
(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) ,
25
 
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
30
 
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.
 
29
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
35
 
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) .
 

Page 23

 
(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
5
 
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
10
 
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).
 
 
(5)
A person who supplies information in reliance on subsection (1) (b) , (7) , (8)
15
 
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
20
 
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
25
 
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.
 
30
Supply of trailer registration information
 
 
(1)
The Secretary of State for Transport may supply trailer registration information
 
 
in accordance with subsections (3) to (8) .
30
 
(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—
35
 
(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;
40

Page 24

 
(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
 
(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
10
 
authorising officer for use in connection with any of the following purposes—
 
 
(a)
specified purposes related to policing;
 
 
(b)
the law enforcement purposes;
 
 
(c)
safeguarding national security.
 
 
(8)
The information may be supplied to a non-UK authorised person or a non-UK
15
 
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
20
 
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) —
25
 
(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
30
 
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
35
 
(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.
 

Page 25

31
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
5
 
purposes—
 
 
(i)
immigration purposes;
 
 
(ii)
the purposes of exercising a customs function;
 
 
(iii)
specified purposes related to policing;
 
 
(iv)
the law enforcement purposes;
10
 
(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
15
 
investigation outside the United Kingdom), or
 
 
(b)
to another person in pursuance of—
 
 
(i)
an order of a court, or
 
 
(ii)
an agreement to which the United Kingdom or His Majesty’s
 
 
Government is a party.
20
 
(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) .
 
32
Sections
 
 
(1)
Nothing in sections 27 to 31 limits the circumstances in which information
25
 
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).
30
 
(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.
35
33
Sections
 
 
(1)
This section applies for the purposes of sections 27 to 31 .
 
 
(2)
References to the following persons have the following meanings—
 

Page 26

 
“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);
5
 
“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
10
 
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
15
 
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
 
 
section 30 (7) by the person specified in the corresponding entry in the
 
 
second column of the table.
20
 
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
25
 
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;
30
 
“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
35
 
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
40
 
2006 (see section 375(1) of that Act).
 

Page 27

 
(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
5
 
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
10
 
Jersey Police Force
10
 
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
15
 
The Chief Officer of the salaried
15
 
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
20
 
Excise of the Bailiwick of Guernsey
20
 
An immigration officer of the
 
 
The Chief Officer of Customs and
 
 
Bailiwick of Guernsey
 
 
Excise of the Bailiwick of Guernsey
 
 
A person authorised to exercise a
 
 
The Director of the Economic and
 
 
function of the Director of the
 
 
Financial Crime Bureau of the
 
 
Economic and Financial Crime
25
 
Bailiwick of Guernsey
25
 
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
30
 
The Chief Constable of the Isle of
30
 
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
35
 
Man
35
 
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
5
 
Gibraltar Police
5
 
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
10
 
of the table in subsection (6) .
 
 
(8)
References to the following purposes or functions have the following
 
 
meanings—
 
 
“customs function” has the same meaning as in Part 1 of the Borders,
 
 
Citizenship and Immigration Act 2009 (see section 14(6) of that Act);
15
 
“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,
20
 
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;
25
 
(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);
30
 
“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.
35
 
(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;
40
 
(b)
the Scottish Ministers;
 

Page 29

 
(c)
the Department of Justice in Northern Ireland.
 

Provision of biometric information by evacuees etc

 
34
Provision of biometric information by evacuees etc
 
 
(1)
An authorised person may take biometric information from a person to whom
 
 
this section applies.
5
 
(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
10
 
facilitating or has facilitated, the person’s departure from a state or
 
 
territory.
 
 
(3)
An authorised person may not take biometric information from a child under
 
 
the age of 16 except in the presence of a person aged 18 or over who is—
 
 
(a)
the child’s parent or guardian, or
15
 
(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
20
 
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;
25
 
“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
30
 
Kingdom.
 
35
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.
35
 
(2)
Biometric information taken under section 34 may be used by the Secretary
 
 
of State in connection with—
 

Page 30

 
(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
5
 
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
10
 
(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) .
15
 
(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
20
 
(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) —
25
 
“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

30
36
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
35
 
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”.
40

Page 31

Part 2

 

Asylum and immigration

 

Repeal of immigration legislation

 
37
Repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024
 
 
The Safety of Rwanda (Asylum and Immigration) Act 2024 is repealed.
5
38
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;
10
 
(d)
sections 16 to 28;
 
 
(e)
sections 30 to 51;
 
 
(f)
sections 53 to 58;
 
 
(g)
section 61;
 
 
(h)
section 66.
15
 
(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.
 
39
Sections
 
 
(1)
In the Immigration Act 1971—
20
 
(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
25
 
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)
30
 
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);
35

Page 32

 
(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
5
 
“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
10
 
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
15
 
naturalisation) omit subsection (4);
 
 
(k)
in section 22 (right to registration as British overseas territories citizen
 
 
replacing right to resume citizenship of UK etc) omit subsection (5);
 
 
(l)
in section 24 (renunciation and resumption of British overseas territories
 
 
citizenship) omit “Subject to sections 31, 33 and 36 of the Illegal
20
 
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
25
 
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)”;
30
 
(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

 
40
Immigration advisers and immigration service providers
35
 
Schedule 1 contains amendments of Part 5 of the Immigration and Asylum
 
 
Act 1999 (immigration advisers and immigration service providers) and certain
 
 
related amendments of other provision.
 

Page 33

Deportation etc

 
41
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—
5
 
“(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
10
 
(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
15
 
deportation order against P, or
 
 
(b)
where no notice has been given under paragraph (a), the
 
 
Secretary of State has notified P in writing that the Secretary
 
 
of State has decided to make a deportation order against P.”
 
 
(3)
In sub-paragraph (3A), for “the deportation order” substitute “the decision
20
 
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) .
25
 
(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,
30
 
(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
35
 
applies;”, and
 
 
(b)
in paragraph (f)(ii), after “(c)(i)” insert “or (iii)”.
 

Page 34

 
(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
5
 
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
10
 
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
15
 
Information and Related Amendments) Regulations 2021 (S.I. 2021/772)
 
 
(photographs) is amended in accordance with subsections (11) to (13) .
 
 
(11)
In paragraph (7)—
 
 
(a)
for sub-paragraph (c) substitute—
 
 
“(c)
any person (“C”) in respect of whom the Secretary of
20
 
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
25
 
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)”.
30
 
(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
35
 
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
40
 
Secretary of State’s decision not to
 

Page 35

 
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)”.
5
 
(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—
10
 
“(b)
in respect of whom the Secretary of State—
 
 
(i)
is considering whether to make a deportation
 
 
order under section 5(1) of that Act,
 
 
(ii)
has decided to make such a deportation order,
 
 
or
15
 
(iii)
has made such a deportation order, or”,
 
 
(b)
omit paragraph (c) and the “or” at the end of that paragraph, and
 
 
(c)
for paragraph (d) substitute—
 
 
“(d)
in respect of whom the Secretary of State—
 
 
(i)
is considering whether section 32(5) of the UK
20
 
Borders Act 2007 (automatic deportation of
 
 
foreign criminals) applies,
 
 
(ii)
has decided that section 32(5) of that Act applies,
 
 
or
 
 
(iii)
has made such a deportation order in accordance
25
 
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—
30
 
(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
35
 
(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
40
 
offender institution only if—
 

Page 36

 
(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
5
 
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

10
42
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
15
 
(b)
are derived from—
 
 
(i)
Title 2 of Part 2 of the withdrawal agreement or Title 1 or 4 of
 
 
Part 2 of that agreement so far as relating to Title 2 of that
 
 
Part ,
 
 
(ii)
Title 2 of Part 2 of the EEA EFTA separation agreement or Title
20
 
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 .
25
 
(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
30
 
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
35
 
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
40
 
relevant sponsor was resident in the United Kingdom or the
 

Page 37

 
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
5
 
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
10
 
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;
15
 
(d)
“relevant national” means a national of Austria, Belgium, Bulgaria,
 
 
Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia,
 
 
Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy,
 
 
Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands,
 
 
Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
20
 
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
25
 
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
30
 
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) .
35
 
(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
40
 
(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);
 

Page 38

 
“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);
5
 
“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
10
 
Act).
 

Conditions on leave and bail

 
43
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) .
15
 
(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
20
 
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
25
 
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.”
30
 
(3)
Before Schedule 2 insert—
 
 
“Schedule 1A
Section 3(1)(c)(vi)
 
 
Electronic monitoring conditions
 
 
1
For the purposes of section 3(1)(c)(vi), an “electronic monitoring
 
 
condition” means a condition requiring the person on whom it is
35
 
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;
40

Page 39

 
(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.
5
 
2
The arrangements may in particular—
 
 
(a)
require P to wear a device;
 
 
(b)
require P to make specified use of a device;
 
 
(c)
require P to communicate in a specified manner and at
 
 
specified times or during specified periods;
10
 
(d)
involve the exercise of functions by persons other than the
 
 
Secretary of State.
 
 
3
If the arrangements require P to wear, or make specified use of, a
 
 
device they must—
 
 
(a)
prohibit P from causing or permitting damage to, or
15
 
interference with, the device, and
 
 
(b)
prohibit P from taking or permitting action that would or
 
 
might prevent the effective operation of the device.
 
 
4
An electronic monitoring condition may not be imposed on a person
 
 
unless the person is at least 18 years old.
20
 
5
In this Schedule “specified” means specified in the arrangements.”
 
 
(4)
In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph
 
 
2(1) (conditions of bail), after paragraph (e) insert—
 
 
“(ea)
a condition requiring the person to be at a particular place
 
 
between particular times, either on particular days or on any
25
 
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;”.
30

Powers to take biometric information

 
44
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)—
35
 
(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
40

Page 40

 
(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
5
 
8,
 
 
(b)
“short-term holding facility contract” means a contract entered
 
 
into by the Secretary of State under section 149 as extended to
 
 
short-term holding facilities by regulations under section 157(1),
 
 
and
10
 
(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
15
 
(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.”
20
 
(5)
Omit subsection (17).
 
 
(6)
In section 144(1) of the Immigration and Asylum Act 1999 (power to make
 
 
provision equivalent to sections 141 and 142 in relation to other biometric
 
 
information), after “142” insert “, or to provision made under section 141,”.
 

Employment

25
45
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—
30
“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,
35
 
(b)
a person (“person B”) engaging an individual sub-contractor
 
 
(“individual B”), and
 

Page 41

 
(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
5
 
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;
10
 
(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—
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
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
40
 
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
45

Page 42

 
(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
5
 
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—
10
“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
15
 
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).
20
 
(3)
Subsection (4) also applies where—
 
 
(a)
a person (“A”) is an online matching service who provides the
 
 
details of another person who is a service provider to potential
 
 
clients or customers, and
 
 
(b)
as a result of being matched by person A, the service provider
25
 
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
30
 
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
35
 
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
40
 
section 15.
 

Page 43

 
(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.
5
 
(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,”,
10
 
(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
15
 
in writing,”.
 

Appeals

 
 
46
Timeframe for determination of appeal brought by appellant receiving
 

accommodation support

 
 
After section 86 of the Nationality, Immigration and Asylum Act 2002 insert—
20
 
“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
25
 
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
30
 
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.”
 

Page 44

 
47
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 46 ) insert—
 
 
“86B
Timeframe for determination of appeal brought by certain
5
 
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—
10
 
(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
15
 
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
20
 
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.”
25
 
(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 ;”;
30
 
(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
35
 
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
40
 
brought by certain non-detained appellants liable to deportation)
 

Page 45

 
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,
5
 
ceases to apply, if the appeal is brought, or is continued,
 
 
from outside the United Kingdom.”
 

Refugee Convention

 
48
Refugee Convention: particularly serious crime
 
 
(1)
Section 72 of the Nationality, Immigration and Asylum Act 2002 (construction
10
 
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
15
 
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—
20
 
(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
25
 
(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
30
 
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) ”.
35
 
(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) ”.
 

Page 46

Part 3

 

Prevention of serious crime

 

Offences relating to things for use in serious crime

 
49
Articles for use in serious crime
 
 
(1)
A person commits an offence if the person possesses a relevant article in
5
 
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
10
 
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
15
 
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
20
 
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
25
 
(b)
in accordance with subsection (4) , a court may make an assumption
 
 
in relation to a person charged with an offence unless the person
 
 
shows a particular matter.
 
 
(6)
A person is regarded as having shown the matter if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue with
30
 
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 50 ;
 
 
“serious offence” means—
35
 
(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;
 

Page 47

 
(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
5
 
(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
10
 
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).
 
50
Section
15
 
(1)
In section 49 “relevant article” means any of the following—
 
 
(a)
a 3D printer firearms template;
 
 
(b)
an encapsulator;
 
 
(c)
a tablet press;
 
 
(d)
a vehicle concealment.
20
 
(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
25
 
(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
30
 
Excise Management Act 1979;
 
 
“vehicle concealment” means a compartment that—
 
 
(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
35
 
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
40
 
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.
 

Page 48

 
“Serious offence” has the same meaning as in section 49 .
 
 
(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.
5
51
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
10
 
(b)
after paragraph 9A insert—
 
 
“Offences relating to things for use in serious crime
 
 
9B
An offence under section 49 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
15
 
insert—
 
 
“Offences relating to things for use in serious crime
 
 
9G
An offence under section 49 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
20
 
9A insert—
 
 
“Offences relating to things for use in serious crime
 
 
9B
An offence under section 49 of the Border Security, Asylum and
 
 
Immigration Act 2025 (articles for use in serious crime).”
 

Serious crime prevention orders

25
52
Electronic monitoring requirements
 
 
(1)
The Serious Crime Act 2007 is amended as follows.
 
 
(2)
After section 5A insert—
 
 
“Electronic monitoring requirements
 
5B
Electronic monitoring requirements
30
 
(1)
A serious crime prevention order made by a court in England and
 
 
Wales may require an individual (including a partner in a partnership)
 

Page 49

 
to submit to electronic monitoring of their compliance with
 
 
prohibitions, restrictions or other requirements imposed by the order.
 
 
(2)
A requirement imposed under subsection (1) is referred to in this Part
 
 
as an “electronic monitoring requirement”.
 
 
(3)
A serious crime prevention order that includes an electronic monitoring
5
 
requirement must specify the person who is to be responsible for the
 
 
monitoring.
 
 
(4)
The person specified under subsection (3) (“the responsible person”)
 
 
must be of a description specified in regulations made by the Secretary
 
 
of State.
10
 
(5)
Where a serious crime prevention order imposes an electronic
 
 
monitoring requirement on a person, the person must (among other
 
 
things)—
 
 
(a)
submit, as required from time to time by the responsible person,
 
 
to—
15
 
(i)
being fitted with, or the installation of, any necessary
 
 
apparatus, and
 
 
(ii)
the inspection or repair of any apparatus fitted or
 
 
installed for the purpose of the monitoring;
 
 
(b)
not interfere with, or with the working of, any apparatus fitted
20
 
or installed for the purpose of the monitoring;
 
 
(c)
take any steps required by the responsible person for the
 
 
purpose of keeping in working order any apparatus fitted or
 
 
installed for the purpose of the monitoring.
 
 
These obligations have effect as requirements of the order.
25
 
(6)
A serious crime prevention order may not provide for an electronic
 
 
monitoring requirement to have effect for more than 12 months (but
 
 
this does not limit any power of a court to extend that period).
 
5C
Conditions for imposing electronic monitoring requirements
 
 
(1)
This section applies for the purpose of determining whether a court
30
 
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
35
 
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,
40
 
and
 

Page 50

 
(b)
it is satisfied that the necessary provision can be made under
 
 
the arrangements currently available.
 
 
(5)
For the purposes of subsection (4) —
 
 
“relevant police area” means—
 
 
(a)
the police area in England or Wales in which it appears
5
 
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
10
 
specified place or area,
 
 
the police area in England or Wales in which the place
 
 
or area proposed to be specified is situated;
 
 
“specified” means specified in the order.
 
5D
Data from electronic monitoring: code of practice
15
 
(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
20
 
does not of itself make a person liable to any criminal or civil
 
 
proceedings.”
 
 
(3)
In section 17 (variation of orders), after subsection (8) insert—
 
 
“(9)
But, in the case of an order made by a court in England and Wales,
 
 
the High Court in England and Wales may not extend the period for
25
 
which an electronic monitoring requirement has effect by more than
 
 
12 months at a time.”
 
 
(4)
In section 20 (powers of Crown Court to vary orders on conviction), after
 
 
subsection (7) insert—
 
 
“(8)
But, in the case of an order made by a court in England and Wales,
30
 
the Crown Court in England and Wales may not extend the period
 
 
for which an electronic monitoring requirement has effect by more
 
 
than 12 months at a time.”
 
 
(5)
In section 21 (powers of Crown Court to vary or replace orders on breach),
 
 
after subsection (7) insert—
35
 
“(7A)
But, in the case of an order made by a court in England and Wales,
 
 
the Crown Court in England and Wales may not extend the period
 
 
for which an electronic monitoring requirement has effect by more
 
 
than 12 months at a time.”
 
 
(6)
In section 89 (orders)—
40

Page 51

 
(a)
in the heading, after “Orders” insert “and regulations”;
 
 
(b)
in each of subsections (1) and (2) , after “order” insert “or regulations”.
 
53
Interim serious crime prevention orders
 
 
(1)
The Serious Crime Act 2007 is amended as follows.
 
 
(2)
After section 5D (inserted by section 52 ) insert—
5
 
“Interim serious crime prevention orders
 
5E
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
10
 
(b)
an application to the appropriate court in Scotland or the High
 
 
Court in Northern Ireland for a serious crime prevention order
 
 
that is terrorism-related (see section 8A) has not been
 
 
determined.
 
 
(2)
The court may, if it considers it just to do so, make an interim serious
15
 
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—
20
 
(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
25
 
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
30
 
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;
35
 
“main application” , in relation to an interim serious crime
 
 
prevention order, means the application mentioned in
 
 
subsection (1) .
 

Page 52

 
(7)
For the purposes of this Part references to the person who is the subject
 
 
of an interim serious crime prevention order are references to the
 
 
person against whom the public is to be protected.
 
5F
Without notice applications
 
 
(1)
An application for an interim serious crime prevention order, or for
5
 
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
10
 
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
15
 
with rules of court.
 
 
(3)
Where a person (whether P or another) makes an application for an
 
 
interim serious crime prevention order made without notice to be
 
 
varied or discharged, the court may not dismiss the application unless
 
 
the person has been given an opportunity to make representations
20
 
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
25
 
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
30
 
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
35
 
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
40

Page 53

 
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
5
 
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.
10
 
(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—
15
 
(a)
on the date or dates specified in the order, or
 
 
(b)
if earlier, on the determination of the main application.”
 
 
(6)
In section 25 (1) (offence of failing to comply with order), after “order” insert
 
 
“or an interim serious crime prevention order”.
 
 
(7)
Schedule 2 contains related amendments to the Serious Crime Act 2007 .
20
54
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
25
 
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,
30
 
(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,
35
 
or
 
 
(vii)
the Chief Constable of the Ministry of Defence Police,
 
 
and
 

Page 54

 
(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—
5
 
(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
10
 
(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
15
 
Prosecutions.
 
 
(3)
A serious crime prevention order may be made by a court or sheriff
 
 
in Scotland—
 
 
(a)
only on an application by—
 
 
(i)
the Lord Advocate, or
20
 
(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,
25
 
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—
30
 
(a)
only on an application by—
 
 
(i)
the Director of Public Prosecutions for Northern Ireland,
 
 
or
 
 
(ii)
the Chief Constable of the Police Service of Northern
 
 
Ireland, and
35
 
(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.”
40
 
(3)
In section 10 (4) (a) (notice requirements: England and Wales)—
 
 
(a)
omit sub-paragraphs (i) and (iii) ;
 

Page 55

 
(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—
5
 
“(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
10
 
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
15
 
may be) relevant body to be wound up.”;
 
 
(b)
in subsection (3) , for the words from “the Director of Public
 
 
Prosecutions” to the end substitute “a person who is authorised to
 
 
present a petition in accordance with subsection (1) or (1A) ”;
 
 
(c)
in subsection (12) omit the definition of “police-initiated serious crime
20
 
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
25
 
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,
30
 
(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
35
 
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
40
 
or possible proceedings in connection with serious
 
 
crime prevention orders or interim serious crime
 
 
prevention orders, and
 

Page 56

 
(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—
5
 
(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
10
 
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
15
 
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
20
 
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) .”;
25
 
(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—
30
 
“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
35
 
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
40
 
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
 

Page 57

 
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
5
 
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
10
 
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
15
 
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.
 
 
Chief Constable of the Ministry of Defence Police
20
 
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
25
 
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,
30
 
(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
35
 
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
40
 
(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
 

Page 58

 
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
5
 
to the Chief Constable or any member of the Ministry of
 
 
Defence Police of at least the rank of superintendent.”
 
55
Notification requirements
 
 
(1)
The Serious Crime Act 2007 is amended as follows.
 
 
(2)
After section 15 insert—
10
 
“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”).
15
 
(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
20
 
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
25
 
Relevant orders: notification requirements
 
 
Notification requirements for persons other than individuals
 
 
1
(1)
Where a person other than an individual is subject to a relevant
 
 
order that person (“P”) must, within the period of three days
 
 
beginning with the first day on which any provision of the order
30
 
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
35
 
in relation to P’s compliance with the order, and
 
 
(b)
has consented to act in that capacity.
 

Page 59

 
(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
5
 
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
 
 
2
(1)
An individual who is subject to a relevant order must, within the
10
 
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
15
 
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.
 
 
(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
20
 
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
25
 
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;
30
 
(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);
35
 
(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
40
 
user-to-user service or that is available as part of a
 
 
user-to-user service, or
 

Page 60

 
(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
5
 
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
10
 
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
15
 
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—
20
 
(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
25
 
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
30
 
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
35
 
3
(1)
A person commits an offence under the law of England and Wales
 
 
if the person fails, without reasonable excuse, to comply with a
 
 
requirement imposed by paragraph 1 (1) or (4) .
 
 
(2)
A person guilty of an offence under sub-paragraph (1) is liable on
 
 
summary conviction to a fine.
40
 
(3)
A person commits an offence under the law of England and Wales
 
 
if the person—
 

Page 61

 
(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.
5
 
(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
10
 
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
15
 
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) .
20
 
(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—
25
 
“(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);
30
 
section 49(6);
 
 
section 63(3);
 
 
section 69;
 
 
section 90;
 
 
paragraph 2 (5) (j) of Schedule 1A ;
35
 
paragraph 102 of Schedule 8.”
 
56
Orders by Crown Court on acquittal or when allowing an appeal
 
 
(1)
The Serious Crime Act 2007 is amended as follows.
 

Page 62

 
(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
5
 
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
10
 
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
15
 
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,
20
 
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).
25
 
(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—
30
 
“(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 ,”.
35
 
(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 ,”.
 

Page 63

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

Part 4

 

Miscellaneous and general

 

Miscellaneous

 
57
Validation of fees charged in relation to qualifications
5
 
(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
10
 
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
15
 
provider within the meaning of Part 3 of the Childcare Act 2006, and
 
 
(b)
the status of the person’s non-UK qualification was relevant to the
 
 
welfare requirements imposed on early years providers under section
 
 
39(1)(b) of that Act.
 
 
(4)
Condition C is that the fee was charged in connection with—
20
 
(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
25
 
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
30
 
(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
35
 
outside the United Kingdom;
 
 
“UK qualification” means a qualification issued by a body located in the
 
 
United Kingdom.
 

Page 64

 
(7)
This section binds the Crown.
 

General

 
58
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
5
 
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.
 
59
Consequential and minor provision
10
 
(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—
15
 
(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
20
 
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—
25
 
“(p)
the Border Security, Asylum and Immigration Act 2025, other
 
 
than sections 27 to 33 , Part 3 and section 57 .”
 
60
Regulations
 
 
(1)
A power to make regulations under any provision of this Act includes power
 
 
to make—
30
 
(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
35
 
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—
 

Page 65

 
(a)
regulations under section 15 (3) ;
 
 
(b)
regulations under section 33 (8) ;
 
 
(c)
regulations under section 50 (3) ;
 
 
(d)
regulations under section 59 (1) which amend, repeal or revoke primary
 
 
legislation.
5
 
(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 62 .
 
 
(6)
In this section “primary legislation” means—
 
 
(a)
an Act of Parliament,
10
 
(b)
an Act of the Scottish Parliament,
 
 
(c)
a Measure or Act of Senedd Cymru, or
 
 
(d)
Northern Ireland legislation.
 
61
Extent
 
 
(1)
This Act extends to England and Wales, Scotland and Northern Ireland, subject
15
 
to subsection (2) .
 
 
(2)
An amendment or repeal made by this Act has the same extent within the
 
 
United Kingdom as the provision amended or repealed.
 
 
(3)
The following provisions also extend to the Channel Islands and the Isle of
 
 
Man and the British overseas territories—
20
 
(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;
25
 
(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.
30
 
(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—
35
 
(a)
section 36 of the Immigration Act 1971,
 
 
(b)
section 170(7) of the Immigration and Asylum Act 1999,
 
 
(c)
section 163(4) of the Nationality, Immigration and Asylum Act 2002,
 
 
(d)
section 63(3) of the Immigration, Asylum and Nationality Act 2006,
 

Page 66

 
(e)
section 60(4) of the UK Borders Act 2007, and
 
 
(f)
section 95(5) of the Immigration Act 2016.
 
62
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.
5
 
(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 41 (1) to (13) and (17) ;
10
 
(c)
this Part;
 
 
(d)
paragraphs 16 to 18 of Schedule 1 (and section 40 and paragraph 1 of
 
 
that Schedule so far as relating to those paragraphs);
 
 
(e)
any other provision of this Act (including provision modifying other
 
 
legislation) so far as it confers power to make regulations or an order
15
 
or is otherwise necessary for enabling the exercise of such a power
 
 
on or after the day on which this Act is passed.
 
 
(4)
Sections 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.
20
 
(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.
25
63
Short title
 
 
This Act may be cited as the Border Security, Asylum and Immigration Act
 
 
2025.
 

Page 67

Schedules

 
 
Schedule 1
Section 40
 

Immigration advisers and immigration service providers

 

Introductory

 
 
1
The Immigration and Asylum Act 1999 is amended as follows.
5

Power to amend definition of “relevant matters”

 
 
2
In section 82 (interpretation of Part 5), after subsection (3) insert—
 
 
“(4)
The Secretary of State may by regulations amend the definition of
 
 
“relevant matters” in subsection (1).
 
 
(5)
Regulations under subsection (4) may make consequential
10
 
amendments to this section.”
 
 
3
(1)
In section 166(5) (regulations subject to the affirmative procedure), after
 
 
paragraph (c) insert—
 
 
“(cza)
section 82 (4) ,”.
 
 
(2)
If sub-paragraph (1) comes into force before the coming into force of
15
 
paragraph 24(2) of Schedule 11 to the Immigration Act 2016, sub-paragraph
 
 
(1) has effect as if after “procedure),” there were inserted “omit the “or” at
 
 
the end of paragraph (c) and”.
 

Suspension etc of registration

 
 
4
In section 84(3)(b) (effect of suspension of registration on person’s
20
 
registration), for “4B(5)” substitute “ 4C (1) “.
 
 
5
(1)
Section 87 (appeals to First-tier Tribunal) is amended as follows.
 
 
(2)
After subsection (3A) insert—
 
 
“(3AA)
Subsection (3A) does not apply in relation to a decision to cancel a
 
 
person’s registration under paragraph 4A(e) of Schedule 6 if
25
 
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—
30
 
(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
 

Page 68

 
(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
5
 
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—
10
 
“(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
15
 
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
20
 
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
25
 
to such an abuse.”
 
 
6
(1)
Schedule 6 (registration) is amended as follows.
 
 
(2)
Before paragraph 4B (but after the italic heading before that paragraph)
 
 
insert—
 
 
“4AA
(1)
The Commissioner may, by notice in writing to a registered
30
 
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
35
 
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.
40
 
(2)
The Commissioner—
 

Page 69

 
(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
5
 
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
10
 
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
15
 
(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
20
 
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
25
 
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—
30
 
“(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,
35
 
(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
40
 
sub-paragraph (1) , cancel the suspension of the person’s
 
 
registration.
 

Page 70

 
(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) ”,
5
 
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
10
 
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.
15
 
(3)
Where a suspension under paragraph 4AA or 4B ceases to have
 
 
effect (and the person’s registration is not cancelled) the
 
 
Commissioner must as soon as reasonably practicable remove
 
 
the record of suspension from the register.”
 

Provision of immigration advice or immigration services under supervision

20
 
7
In section 84 (provision of immigration services), after subsection (3B)
 
 
insert—
 
 
“(3C)
A person’s entitlement to provide immigration advice or immigration
 
 
services by virtue of subsection (2)(e) is subject to section 84A and
 
 
regulations under section 84B.”
25
 
8
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—
30
 
(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
35
 
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
40
 
immigration services by virtue of section 84(2)(e) during the relevant
 
 
period if—
 

Page 71

 
(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)
5
 
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.
10
 
(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
15
 
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
20
 
(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—
25
 
(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
30
 
(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—
35
 
(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—
40
 
(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),
 

Page 72

 
(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
5
 
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
10
 
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
15
 
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),
20
 
(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
25
 
(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) —
30
 
(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)
35
 
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—
40
 
(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.
45

Page 73

 
(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
5
 
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
10
 
(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
15
 
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,
20
 
(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
25
 
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
30
 
by a designated professional body or a designated qualifying
 
 
regulator.”
 

Monetary penalties

 
 
9
After section 92B insert—
 
“92C
Power to impose monetary penalties
35
 
(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)
40
 
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
 

Page 74

 
(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).
5
 
(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—
10
 
(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
15
 
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
20
 
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.
25
 
(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
30
 
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) .
35
 
(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) .
 

Page 75

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,
5
 
(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
10
 
(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—
15
 
(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
20
 
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—
25
 
(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,
30
 
(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;
35
 
(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—
40
 
(a)
the decision to give the person a penalty notice;
 

Page 76

 
(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
5
 
(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
10
 
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.
15
 
(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—
20
 
(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
25
 
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.
30
 
(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
35
 
amount on the order of a county court as if it were payable under
 
 
an order of that court.
 

Page 77

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
5
 
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
10
 
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
15
 
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
20
 
section 91 or 92B) may not at any time be convicted of an offence
 
 
under section 91 or, as the case may be, 92B in respect of the act or
 
 
omission in relation to which the notice was given.”
 
 
10
(1)
In section 166(5) (regulations subject to the affirmative procedure), after
 
 
paragraph (cza) (as inserted by paragraph 3 ) insert—
25
 
“(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
30
 
paragraph (czb) insert”.
 
 
11
(1)
Schedule 5 is amended as follows.
 
 
(2)
In paragraph 6(3) (investigations under the complaints scheme), after
 
 
paragraph (c) (and on a new line insert)—
 
 
“(See also section 92C (which confers a power to impose monetary penalties
35
 
for breaching the duty imposed by paragraph 6(2)).)”
 

Page 78

 
(3)
In paragraph 9(1) (determination of complaints), after paragraph (f) (as
 
 
inserted by paragraph 14 (4) ) (and on a new line) insert—
 
 
“(See also section 92C (which confers a power to impose monetary penalties
 
 
for breaching the Code or otherwise failing to comply with requirements
 
 
imposed by or under this Part).)”
5

Fees

 
 
12
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
10
 
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
15
 
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;
20
 
(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
25
 
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;
30
 
(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
35
 
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—
40
 
(a)
the costs of exercising the function in question;
 

Page 79

 
(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
5
 
Commissioner under section 85.
 
 
13
In Schedule 6, for paragraph 5 substitute—
 
 
“5
No application under paragraph 1 or 3 is to be entertained by
 
 
the Commissioner unless it is accompanied by the fee specified
 
 
for that application by order under section 93A (but this is subject
10
 
to any waiver in accordance with provision by virtue of subsection
 
 
(2) (i) of that section).”
 

The complaints scheme

 
 
14
(1)
Schedule 5 is amended as follows.
 
 
(2)
In paragraph 5(3), after paragraph (b) insert—
15
 
“(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) ”;
20
 
(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
25
 
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
30
 
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
35
 
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.”
40
 
(4)
In paragraph 9—
 

Page 80

 
(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—
5
 
(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
10
 
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.”;
15
 
(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
20
 
(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
25
 
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
30
 
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.
35
 
(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.”
 

Page 81

 
(5)
After paragraph 9 insert—
 

“Order on determination of complaint to refund fees or pay compensation:

 

procedure, appeals and enforcement

 
 
9A
The complaints scheme must include provision securing that,
 
 
where the Commissioner proposes to make an order under
5
 
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
10
 
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,
15
 
(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
20
 
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
25
 
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
30
 
determination which must be considered by the
 
 
Commissioner before the order is made.
 
 
9B
Where the Commissioner makes an order under paragraph 9(1) (f)
 
 
against a person, the person may appeal to the First-tier Tribunal
 
 
against the making of the order.
35
 
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
40
 
(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—
 

Page 82

 
(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
5
 
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,
10
 
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
15
 
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
20
 
(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;
25
 
(ii)
in Scotland, the Court of Session or the sheriff;
 
 
(iii)
in Northern Ireland, the High Court or a county
 
 
court.”
 
 
15
(1)
In section 166(5) (regulations subject to the affirmative procedure), at the
 
 
end of paragraph (d) insert “or
30
 
“(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.
35
 
(3)
If sub-paragraph (1) comes into force at the same time as or after the coming
 
 
into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016,
 
 
omit the “or” at the end of section 166(5)(ca) of the Immigration and Asylum
 
 
Act 1999 (as inserted by paragraph 24(2) of that Schedule).
 

Appointment of Immigration Services Commissioner

40
 
16
In Schedule 5, in paragraph 12(1)(a) (period of office) for “of five years”
 
 
substitute “not exceeding five years”.
 

Page 83

Appointment of Deputy Immigration Services Commissioner

 
 
17
In Schedule 5, in paragraph 16(1) (Deputy Commissioner) for “must”
 
 
substitute “may”.
 

Acting as Commissioner during vacancy etc

 
 
18
In Schedule 5, after paragraph 17 insert—
5

“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
10
 
(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
15
 
of State for the purposes of this paragraph may act in the
 
 
Commissioner’s place.”
 
 
Schedule 2
Section 53
 

Interim serious crime prevention orders: consequential amendments

 

Serious Crime Act 2007

20
 
1
The Serious Crime Act 2007 is amended as follows.
 
 
2
In section 6 (individual must be 18 or over), after “order” insert “or an
 
 
interim serious crime prevention order”.
 
 
3
In section 7 (other exceptions), in subsections (1) , (1A) and (2) , after “serious
 
 
crime prevention order” insert “or an interim serious crime prevention
25
 
order”.
 
 
4
(1)
Section 9 (right of third parties to make representations) is amended as
 
 
follows.
 
 
(2)
In subsections (1) to (3) , after “serious crime prevention order” insert “or
 
 
an interim serious crime prevention order”.
30
 
(3)
In subsections (4) and (4A) , after “serious crime prevention order” insert
 
 
“or interim serious crime prevention order”.
 
 
(4)
In subsection (5) , after “serious crime prevention order” insert “or an interim
 
 
serious crime prevention order”.
 
 
5
In section 11 (restrictions on oral answers), after “order” insert “or an interim
35
 
serious crime prevention order”.
 

Page 84

 
6
In section 12 (restrictions for legal professional privilege), in subsections
 
 
(1) and (4A) , after “order” insert “or an interim serious crime prevention
 
 
order”.
 
 
7
In section 13 (restrictions on excluded material and banking information),
 
 
in subsections (1) and (2) , after “serious crime prevention order” insert “or
5
 
an interim serious crime prevention order”.
 
 
8
In section 14 (1) (restrictions relating to other enactments), after “order”
 
 
insert “or an interim serious crime prevention order”.
 
 
9
In section 15 (1) (restrictions on use of information obtained), after “order”
 
 
insert “or an interim serious crime prevention order”.
10
 
10
(1)
Section 16 (duration of orders) is amended as follows.
 
 
(2)
In subsection (1), after “order” insert “or an interim serious crime prevention
 
 
order”.
 
 
(3)
In subsection (5)—
 
 
(a)
for “an order”, in the first place it occurs, substitute “a serious crime
15
 
prevention order or an interim serious crime prevention order”;
 
 
(b)
after “provision of” insert “such”.
 
 
11
(1)
Section 17 (variation of orders) is amended as follows.
 
 
(2)
In subsections (1) to (2) , after “serious crime prevention order” insert “or
 
 
an interim serious crime prevention order”;
20
 
(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—
25
 
(a)
the relevant applicant authority (but see subsection (7A)),
 
 
(b)
the person who is the subject of the order, or
 
 
(c)
subject as follows, any other person.”;
 
 
(5)
In subsection (4) , for “The” substitute “In the case of an application for the
 
 
variation of a serious crime prevention order, the”.
30
 
(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 52 (3) ) insert—
35
 
“(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;
40
 
(b)
in any other case, the person who applied for the order.”
 

Page 85

 
12
(1)
Section 18 (discharge of orders) is amended as follows.
 
 
(2)
In subsection (1) (a) , (aa) and (b) , after “order” insert “or an interim serious
 
 
crime prevention order”.
 
 
(3)
In subsection (2) , for “an order” substitute “a serious crime prevention
 
 
order”.
5
 
(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
10
 
(c)
subject as follows, any other person.”
 
 
(5)
In subsection (3) , for “The” substitute “In the case of an application for the
 
 
discharge of a serious crime prevention order, the”.
 
 
(6)
In subsection (4) , after “(2)(b)(ii)” insert “or (2A) (c) ”.
 
 
13
(1)
Section 20 (powers of Crown Court to vary orders on conviction) is
15
 
amended as follows.
 
 
(2)
In subsections (2) (a) and (4) (a) , after “order” insert “or an interim serious
 
 
crime prevention order”.
 
 
(3)
In subsection (7) , for “and (4)(b)” substitute “, (4)(b) and (4A) (b) ”.
 
 
14
(1)
Section 21 (powers of Crown Court to vary or replace orders on breach) is
20
 
amended as follows.
 
 
(2)
In subsections (1) (a) and (b) and (3) , after “order” insert “or an interim
 
 
serious crime prevention order”.
 
 
(3)
In subsection (7) , for “and (4)(b)” substitute “, (4)(b) and (4A) (b) ”.
 
 
(4)
For subsection (8) substitute—
25
 
“(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
30
 
order is to making a new interim serious crime prevention
 
 
order and discharging the existing one.”
 
 
15
In section 22 (inter-relationship between different types of orders in England
 
 
and Wales or Northern Ireland), in subsections (1) , (2) and (4) , after “order”
 
 
insert “or an interim serious crime prevention order”.
35
 
16
(1)
Section 22B (powers of High Court of Justiciary and sheriff to vary orders
 
 
on conviction) is amended as follows.
 
 
(2)
In subsection (2) (a) , after “order” insert “or an interim serious crime
 
 
prevention order”.
 
 
(3)
In subsection (5) , for “and (4)(b)” substitute “, (4)(b) and (4A) (b) ”.
40

Page 86

 
17
(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) ”.
5
 
(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;
10
 
(b)
a reference to replacing an interim serious crime prevention
 
 
order is to making a new interim serious crime prevention
 
 
order and discharging the existing one.”
 
 
18
(1)
Section 22D (inter-relationship between different types of orders in Scotland)
 
 
is amended as follows.
15
 
(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
20
 
“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
25
 
not prevent a subsequent application under section 17(1A) for a
 
 
variation of the order in consequence of the same offence.”
 
 
19
(1)
Section 22E (extension of orders pending outcome of criminal proceedings)
 
 
is amended as follows.
 
 
(2)
In subsection (1) —
30
 
(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
35
 
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,”;
40

Page 87

 
(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) —
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—
10
 
“(7)
An order may be made under this section in relation to an interim
 
 
serious crime prevention order only if—
 
 
(a)
the order is still in force, and
 
 
(b)
the court or sheriff considers it just to do so.”
 
 
20
(1)
Section 23 (additional right of appeal from High Court) is amended as
15
 
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,
20
 
(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.”
25
 
(3)
In subsection (2) —
 
 
(a)
for “Subsection (1) is” substitute “Subsections (1) to (1B) are”;
 
 
(b)
after “serious crime prevention orders” insert “or interim serious
 
 
crime prevention orders”.
 
 
21
In section 24 (appeals from Crown Court), in subsections (1) , (2) and (11)
30
 
, after “serious crime prevention order” insert “or an interim serious crime
 
 
prevention order”.
 
 
22
(1)
Section 24A (additional right of appeal from Court of Session) is amended
 
 
as follows.
 
 
(2)
After subsection (1) insert—
35
 
“(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.
40

Page 88

 
(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”;
5
 
(b)
after “serious crime prevention orders” insert “or interim serious
 
 
crime prevention orders”.
 
 
23
In section 27 (powers to wind up companies etc: England and Wales), in
 
 
subsections (1) (a) , (4) (a) and (7) (a) , after “order” insert “or an interim serious
 
 
crime prevention order”.
10
 
24
In section 27A (powers to wind up companies etc: Scotland), in subsections
 
 
(1)(a), (1A)(a), (4)(a), (5)(a) and (8)(a), after “order” insert “or an interim
 
 
serious crime prevention order”.
 
 
25
In section 28 (powers to wind up companies etc: Northern Ireland), in
 
 
subsections (1) (a) , (1A) (a) , (4) (a) and (7) (a) , after “order” insert “or an interim
15
 
serious crime prevention order”.
 
 
26
(1)
Section 30 (notices to bodies corporate including limited liability
 
 
partnerships) is amended as follows.
 
 
(2)
In subsection (1) —
 
 
(a)
in the words before paragraph (a) —
20
 
(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) ”.
25
 
(3)
In subsection (3) , after “order” insert “or an interim serious crime prevention
 
 
order”.
 
 
27
(1)
Section 31 (other partnerships) is amended as follows.
 
 
(2)
In subsection (1) , after “order” insert “or an interim serious crime prevention
 
 
order”.
30
 
(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”;
35
 
(b)
in paragraph (b) , for “subsection (3) of that section” substitute
 
 
“section 10(3) or 10A (3) ”.
 
 
(4)
In subsection (10) , after “order” insert “or an interim serious crime
 
 
prevention order”.
 
 
28
(1)
Section 32 (unincorporated associations) is amended as follows.
40
 
(2)
In subsection (1) , after “order” insert “or an interim serious crime prevention
 
 
order”.
 

Page 89

 
(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”;
5
 
(b)
in paragraph (b) , for “subsection (3) of that section” substitute
 
 
“section 10(3) or 10A (3) ”.
 
 
(4)
In subsection (9) , after “order” insert “or an interim serious crime prevention
 
 
order”.
 
 
29
In section 34 (providers of information society services), in subsections (1) ,
10
 
(5) and (6) , after “order” insert “or an interim serious crime prevention
 
 
order”.
 
 
30
In section 35 (1) (proceedings in the High Court), after “orders” insert “or
 
 
interim serious crime prevention orders”.
 
 
31
In section 36 (proceedings in the Crown Court), in subsections (3) (b) and
15
 
(6) , after “serious crime prevention order” insert “or an interim serious
 
 
crime prevention order”
 
 
32
(1)
Section 36A (proceedings in the High Court of Justiciary and sheriff court)
 
 
is amended as follows.
 
 
(2)
In subsection (3) (b) , after “order” insert “or an interim serious crime
20
 
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
25
 
serious crime prevention order”.
 
 
33
(1)
Section 38 (disclosure of information in accordance with orders) is amended
 
 
as follows.
 
 
(2)
In subsection (1) , after “order” insert “or an interim serious crime prevention
 
 
order”.
30
 
(3)
In subsection (2) , after “orders” insert “or interim serious crime prevention
 
 
orders”.
 
 
34
(1)
Section 39 (compliance with orders: authorised monitors) is amended as
 
 
follows.
 
 
(2)
In subsections (1) , (3) , (4) , (6) , (7) and (8) , after “serious crime prevention
35
 
order” insert “or an interim serious crime prevention order”.
 
 
(3)
In subsection (10) , in the definitions of “monitoring services” and “specified”,
 
 
after “serious crime prevention order” insert “or an interim serious crime
 
 
prevention order”.
 
 
35
In section 40 (9) (costs in relation to authorised monitors), in paragraphs
40
 
(a) , (aa) and (b) , after “orders” insert “or interim serious crime prevention
 
 
orders”.
 

Page 90

 
36
In section 41 (powers of law enforcement officers to retain documents), in
 
 
subsections (1) (a) and (2) , after “order” insert “or an interim serious crime
 
 
prevention order”.
 
 
37
In section 43 (index of defined expressions), at the appropriate place insert—
 
 
“interim serious crime prevention order
5
 
section 5E”.
5
 
38
(1)
Schedule 2 (functions of applicant authorities) is amended as follows.
 
 
(2)
In paragraph 1 —
 
 
(a)
in paragraph (a) , after “orders” insert “and interim serious crime
 
 
prevention orders”;
 
 
(b)
in paragraph (b) , after “order” insert “or an interim serious crime
10
 
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”.
15
 
(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”;
20
 
(b)
in paragraph (b) , after “order” insert “or an interim serious crime
 
 
prevention order”;
 
 
(c)
in paragraphs (c) and (d) , after “orders” insert “or interim serious
 
 
crime prevention orders”.
 
 
(6)
In paragraph 15 , after “orders” insert “, and interim serious crime prevention
25
 
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
30
 
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
35
 
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”.
40
 
(9)
In paragraph 16 —
 

Page 91

 
(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
5
 
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
10
 
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”.
15
Amendments
Amendment 136

Tabled: 13 Jun 2025
HL Bill 101 Running list of amendments - 13 June 2025

This amendment was WITHDRAWN

After Clause 41, insert the following new Clause—
“Amendment to section 117C of the Nationality, Immigration and Asylum Act 2002
For section 117C(5) of the Nationality, Immigration and Asylum Act 2002 substitute—
“(5) Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner or a genuine and subsisting parental relationship with a qualifying child, and—
(a) the effect of C’s deportation on the partner would be unduly harsh, or
(b) it would not be reasonable to expect the child to leave the UK and it would not be reasonable to expect the child to remain in the UK without C.””

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer) - 13 Jun 2025

Member's explanatory statement

This new Clause seeks to ensure that an Article 8 ECHR human rights claim by a foreign criminal sentenced to less than 4 years’ imprisonment can succeed if certain conditions are met. These include that they have a genuine and subsisting parental relationship with a qualifying child (that is, a British child or a child who has resided in the UK for more than 7 years) or a qualifying partner (that is, a British citizen, or someone settled in the UK within the meaning of the Immigration Act 1971).

Amendment 104

Tabled: 19 Jun 2025
HL Bill 101 Running list of amendments – 19 June 2025

This amendment was WITHDRAWN

Clause 38, page 31, line 13, leave out “58” and insert “59”

Type: Backbencher

Signatures: 2

Lord Browne of Ladyton (Lab - Life peer) - 19 Jun 2025
Lord Cashman (Non-affiliated - Life peer) - 19 Jun 2025
Opposition Amendment

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill.

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer)
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer)
Shadow Minister (Scotland)
Amendment 137

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was WITHDRAWN

After Clause 41, insert the following new Clause—
“Duty to make legal aid available to detained persons
(1) The Lord Chancellor must ensure that civil legal services in relation to any of the matters set out in paragraphs 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 31A, 32 or 32A of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are made available to any person who is detained under a relevant detention power within 48 hours of the relevant time.
(2) The Lord Chancellor may make such arrangements as they consider necessary for the performance of their duty under subsection (1).
(3) The duty under subsection (1) is subject to—
(a) section 11 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (qualifying for civil legal aid) and any regulations made under that section, and
(b) section 21 of that Act (financial resources) and any regulations made under that section.
(4) In this section—
“civil legal services” has the same meaning as in section 8 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“relevant detention power” means a power to detain under—
(a) paragraph 16 of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),
(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),
(c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State), or
(d) section 36(1) of the UK Borders Act 2007 (detention pending deportation);
“relevant time” means—
(a) the time at which a person is first detained under a relevant detention power, and
(b) if a person has been released following detention under a relevant detention power, the time at which they are next detained under a relevant detention power.”

Type: Backbencher

Signatures: 4

Lord Bach (Lab - Life peer) - 17 Jun 2025
Baroness Ludford (LD - Life peer) - 17 Jun 2025
Baroness Prashar (XB - Life peer) - 17 Jun 2025
Lord Carlile of Berriew (XB - Life peer) - 17 Jun 2025

Member's explanatory statement

This amendment places a duty on the Lord Chancellor to make civil legal aid available to certain detained persons in relation to immigration matters within 48 hours of their detention.

Opposition Amendment 138

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was WITHDRAWN

After Clause 41, insert the following new Clause—
“Automatic deportation: Appeals
(1) Subsection (2) applies to a person (“P”) who has been given a deportation order in accordance with section 32(5) of the UK Borders Act 2007.
(2) P may not appeal against the deportation order but may only appeal against their conviction in accordance with section 1 of the Criminal Appeal Act 1968.
(3) The UK Borders Act 2007 is amended in accordance with subsections (4) and (5).
(4) In section 32, after subsection (7) insert—
“(8) An order made by the Secretary of State under subsection (5) is final, and not liable to be questioned or set aside in any court.”.
(5) In section 34(2) omit “or sentence”.”

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)
Opposition Amendment 105

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was WITHDRAWN

After Clause 38, insert the following new Clause—
“Duty to make arrangements for removal
(1) The Secretary of State must make arrangements for the removal of a person from the United Kingdom if the person meets the following four conditions.
(2) The first condition is that—
(a) the person requires leave to enter the United Kingdom, but has 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,
(b) the person has entered the United Kingdom in breach of a deportation order,
(c) the person has entered or arrived in the United Kingdom at a time when they were an excluded person within the meaning of section 8B of the Immigration Act 1971 (persons excluded from the United Kingdom under certain instruments) and—
(i) subsection (5A) of that section (exceptions to section 8B) does not apply to the person, and
(ii) an exception created under, or direction given by virtue of, section 15(4) of the Sanctions and Anti-Money Laundering Act 2018 (power to create exceptions to section 8B) does not apply to the person,
(d) the person requires entry clearance under the immigration rules, but has arrived in the United Kingdom without a valid entry clearance, or
(e) the person is required under immigration rules not to travel to the United Kingdom without an electronic travel authorisation that is valid for that person’s journey to the United Kingdom, but has arrived in the United Kingdom without such an electronic travel authorisation.
(3) The second condition is that the person entered or arrived in the United Kingdom as mentioned in subsection (2) on or after the day on which this Act is passed.
(4) The third condition is that, in entering or arriving as mentioned in subsection (2), the person did not come directly to the United Kingdom from a country in which the person’s life and liberty were threatened by reason of their race, religion, nationality, membership of a particular social group or political opinion.
(5) For the purposes of subsection (4) a person is not to be taken to have come directly to the United Kingdom from a country in which their life and liberty were threatened as mentioned in that subsection if, in coming from such a country, they passed through or stopped in another country outside the United Kingdom where their life and liberty were not so threatened.
(6) The fourth condition is that the person requires leave to enter or remain in the United Kingdom but does not have it.
(7) In this section—
“country” includes territory;
“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.
(8) In this section “immigration rules” means rules under section 3(2) of the Immigration Act 1971.
(9) Section 11(1) of the Immigration Act 1971 (person deemed not to enter the 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.
(10) The only circumstances in which the duty in subsection (1) does not apply to a person who meets the four conditions in this section are where—
(a) section (Unaccompanied children and power to provide for exceptions)(1) applies to the person,
(b) regulations under section (Unaccompanied children and power to provide for exceptions)(7) apply to the person,
(c) a Minister of the Crown has made a determination under section (Interim measures of the European Court of Human Rights)(2) in relation to the person, or
(d) section 61 or 62 of the Nationality and Borders Act 2022 (victims of slavery and human trafficking) apply in relation to the person.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 106

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was WITHDRAWN

After Clause 38, insert the following new Clause—
“Unaccompanied children and power to provide for exceptions
(1) The duty in section (Duty to make arrangements for removal)(1) does not require the Secretary of State to make arrangements for the removal of a person from the United Kingdom at a time when the person is an unaccompanied child.
(2) The Secretary of State may make arrangements for the removal of a person from the United Kingdom at a time when the person is an unaccompanied child.
(3) The power in subsection (2) may be exercised only—
(a) where the person is to be removed for the purposes of reunion with the person’s parent;
(b) where the person is to be removed to a country listed in section 80AA(1) of the Nationality, Immigration and Asylum Act 2002 (safe States for the purposes of section 80A of that Act) which is—
(i) a country of which the person is a national, or
(ii) a country in which the person has obtained a passport or other document of identity;
(c) where the person has not made a protection claim or a human rights claim and the person is to be removed to—
(i) a country of which the person is a national,
(ii) a country or territory in which the person has obtained a passport or other document of identity, or
(iii) a country or territory in which the person embarked for the United Kingdom;
(d) in such other circumstances as may be specified in regulations made by the Secretary of State.
(4) Regulations under subsection (3)(d) may confer a discretion on the Secretary of State.
(5) For the purposes of this section a person (“C”) is an “unaccompanied child” if—
(a) C meets the four conditions in section (Duty to make arrangements for removal),
(b) C is under the age of 18, and
(c) at the relevant time no individual (whether or not a parent of C) who was aged 18 or over had care of C.
(6) In subsection (5) “the relevant time” means the time of C’s entry or arrival in the United Kingdom by virtue of which the duty in section (Duty to make arrangements for removal)(1) would apply in relation to C apart from this section.
(7) The Secretary of State may by regulations make provision for other exceptions from the duty in section (Duty to make arrangements for removal)(1).
(8) Regulations under subsection (7) may make provision—
(a) for this Act or any other enactment to have effect with modifications, in relation to a person to whom an exception applies, in consequence of the application of the exception to that person;
(b) for an exception, or for any provision made by virtue of paragraph (a), to be treated as having had effect from a time before the coming into force of the regulations.
(9) Regulations made by virtue of subsection (8)(a) may, in particular, disapply any provision of this Act or any other enactment in relation to a person to whom an exception applies.
(10) In subsections (8) and (9) “enactment” includes—
(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
(c) an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;
(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.
(11) A statutory instrument containing regulations under subsection (7) must be laid before Parliament after being made.
(12) Regulations contained in a statutory instrument laid before Parliament under subsection (11) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(13) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—
(a) Parliament is dissolved or prorogued, or
(b) either House of Parliament is adjourned for more than four days.
(14) If regulations cease to have effect as a result of subsection (12) that does not—
(a) affect the validity of anything previously done under the regulations, or
(b) prevent the making of new regulations.
(15) In this section—
“human rights claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002;
“national” includes citizen;
“protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 139

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

After Clause 41, insert the following new Clause—
“Offences and deportation
(1) The Immigration Act 1971 is amended in accordance with subsection (2) and (3).
(2) For section 3(6) substitute—
“(6) Where a person to whom this subsection applies is convicted of an offence, the court must sentence the person to deportation from the United Kingdom.
(6ZA) Subsection (6) applies to a person who—
(a) is not a British citizen, and
(b) who is over the age of seventeen.”
(3) In section 24—
(a) for subsection F1 substitute—
“(F1) A person who commits an offence under any of subsection (A1) to (E1) is liable on conviction to removal from the United Kingdom.”,
(b) after subsection F1 insert—
“(F2) The Secretary of State must make arrangements for the deportation of any person convicted of an offence under subsections (A1) to (E1).”, and
(c) in subsections (A1), (B1), (C1), (D1), (E1) and (1) omit “knowingly”.
(4) The UK Borders Act 2007 is amended in accordance with subsections (5) to (7).
(5) In section 32—
(a) in subsection (1)(a), at the end insert “and”,
(b) in subsection (1)(b) for "and” substitute “or”,
(c) for subsection (1)(c) substitute—
“(c) who has been charged with or convicted of an offence under section 24 of the Immigration Act 1971”, and
(d) omit subsections (2) and (3).
(6) In section 33, omit subsections (2), (3) and (6A).
(7) In section 38—
(a) omit subsection (1),
(b) in subsection (2)(a) for “does not include” substitute “includes”, and
(c) in subsection (4) omit paragraphs (b) and (d).
(8) In section 6 of the Illegal Migration Act 2023, omit subsections (4) and (5).”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

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 107

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

After Clause 38, insert the following new Clause—
“Interim measures of the European Court of Human Rights
(1) This section applies where the European Court of Human Rights indicates an interim measure in proceedings relating to the intended removal of a person from the United Kingdom under, or purportedly under, this Act.
(2) A Minister of the Crown may (but need not) determine that the duty in section (Duty to make arrangements for removal)(1) is not to apply in relation to the person.
(3) A decision as to whether or not to make a determination under subsection (2) is to be taken personally by the Minister of the Crown.
(4) In considering whether to make a determination under subsection (2), the Minister may have regard to any matter that the Minister considers relevant, including in particular the matter in subsection (5).
(5) The matter mentioned in subsection (4) is the procedure by reference to which the interim measure was indicated, including in particular—
(a) whether the government of the United Kingdom was given an opportunity to present observations and information before the interim measure was indicated;
(b) the form of the decision to indicate the interim measure;
(c) whether the European Court of Human Rights will take account of any representations made to it by the government of the United Kingdom seeking reconsideration, without undue delay, of the decision to indicate the interim measure;
(d) the likely duration of the interim measure and the timing of any substantive determination by the European Court of Human Rights.
(6) Where a Minister of the Crown does not make a determination under subsection (2), a person or body to which subsection (7) applies may not have regard, in the circumstances mentioned in subsection (7), to the interim measure.
(7) This subsection applies to—
(a) the Secretary of State or an immigration officer when exercising a function under section (Duty to make arrangements for removal)(1),
(b) the Upper Tribunal when considering any application or appeal under this Act, and
(c) a court or tribunal when considering any application or appeal which relates to a decision to remove a person from the United Kingdom under this Act.
(8) No inference is to be drawn from this section as to whether or not a person or body mentioned in subsection (7) would otherwise have been required to have regard to the interim measure.
(9) Nothing in this Act requires the Secretary of State or an immigration officer to effect the removal of a person from the United Kingdom pending a decision by a Minister of the Crown as to whether or not to make a determination under subsection (2).
(10) In this section—
“decision” includes any purported decision;
“determination” includes any purported determination.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Amendment 140

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

After Clause 41, insert the following new Clause—
“Biannual statement on foreign criminals and illegal entrants in detention
(1) The Secretary of State must, every six months, publish a statement detailing—
(a) the number of foreign criminals detained awaiting deportation under any authority broken down by nationality, and
(b) the number of illegal entrants detained for any purpose under any authority broken down by nationality.
(2) For the purposes of this section—
“foreign criminals” has the same meaning as in section 32 of the UK Borders Act 2007 (automatic deportation);
“illegal entrant” means a person who—
(a) requires leave to enter the United Kingdom but does not have it, or
(b) has committed an offence under section 24 of the immigration Act 1971 (illegal entry and similar offences).”

Type: Backbencher

Signatures: 1

Lord Swire (Con - Life peer) - 24 Jun 2025
Amendment 141

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was WITHDRAWN

After Clause 41, insert the following new Clause—
“Collection of data on overseas students subject to visa conditions and immigration rules
(1) The Secretary of State must collate and publish—
(a) the number of overseas students who have had their student visas revoked as a result of the commission of criminal offences,
(b) the number of overseas students who have been deported following the revocation of their student visas, and
(c) the number of overseas students detained pending deportation following the revocation of their student visas.
(2) Data published under subsection (1) must be broken down by nationality.
(3) For the purposes of this section—
“overseas students” means any person who is not a British citizen who has been granted leave to enter or remain in the United Kingdom for the purposes of partaking in an educational course;
“student visa” has the same meaning as in the Immigration Rules.”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer) - 24 Jun 2025
Opposition Amendment 108

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

After Clause 38, insert the following new Clause—
“Disregard of certain claims, applications etc
(1) The duty in section (Duty to make arrangements for removal)(1) or the power in section (Unaccompanied children and power to provide for exceptions)(2) applies in relation to a person who meets the four conditions in section (Duty to make arrangements for removal) regardless of whether—
(a) the person makes a protection claim,
(b) the person makes a human rights claim,
(c) the person claims to be a victim of slavery or a victim of human trafficking as defined by regulations made by the Secretary of State under section 69 of the Nationality and Borders Act 2022, or
(d) the person makes an application for judicial review in relation to their removal from the United Kingdom under this Act.
(2) If a person who meets the four conditions in (Duty to make arrangements for removal) makes a protection claim, or a human rights claim within subsection (5), the Secretary of State must declare the claim inadmissible.
(3) A protection claim or a human rights claim declared inadmissible under subsection (2) cannot be considered under the immigration rules.
(4) A declaration under subsection (2) that a protection claim or a human rights claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002 (appeal against refusal of protection claim or human rights claim) arises.
(5) A human rights claim is within this subsection if it is a claim that removal of a person from the United Kingdom to—
(a) a country of which the person is a national, or
(b) a country or territory in which the person has obtained a passport or other document of identity,
would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention).
(6) In this Act “application for judicial review” means—
(a) in England and Wales and Northern Ireland, an application to the High Court for judicial review,
(b) in Scotland, an application to the supervisory jurisdiction of the Court of Session, and
(c) any other application to a court or tribunal which is required by an enactment to be determined by applying the principles that would be applied by a court on an application within paragraph (a) or (b).
(7) In this section, references to a claim include a claim—
(a) that was made on or after the day on which this Act is passed, and
(b) that has not been decided by the Secretary of State on the date on which this section comes into force.
(8) Where—
(a) a person subject to removal to a third country under this Act makes a human rights claim in relation to their removal to that third country, and
(b) the Secretary of State decides to refuse the claim,
there is no right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002 in relation to that decision.
(9) In section 82(3) of the Nationality, Immigration and Asylum Act 2002, after “Part” insert “and in section (Disregard of certain claims, applications etc) of the Border Security, Asylum and Immigration Act 2025 (disregard of certain claims, applications etc)”.
(10) A declaration under subsection (2) that a protection claim or a human rights claim is inadmissible is final and is not liable to be set aside in any other court.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 109

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

After Clause 38, insert the following new Clause—
“Duty to make arrangements for removal: process
(1) Where the Secretary of State is required by section (Duty to make arrangements for removal)(1) to make arrangements for the removal of a person from the United Kingdom, the Secretary of State must ensure that the arrangements are made—
(a) as soon as is reasonably practicable after the person’s entry or arrival in the United Kingdom, or
(b) where the person has ceased to be an unaccompanied child, as soon as is reasonably practicable after the person has ceased to be an unaccompanied child.
(2) The following provisions of this section apply where—
(a) the Secretary of State is required by section (Duty to make arrangements for removal)(1) to make arrangements for the removal of a person (“P”) from the United Kingdom, or
(b) the Secretary of State may make arrangements for the removal of a person (“P”) from the United Kingdom under section (Unaccompanied children and power to provide for exceptions)(2).
(3) Subject to section (Unaccompanied children and power to provide for exceptions)(3)(c) (removal of certain unaccompanied children) and to the following provisions of this section, P may be removed to—
(a) a country of which P is a national,
(b) a country or territory in which P has obtained a passport or other document of identity,
(c) a country or territory in which P embarked for the United Kingdom, or
(d) a country or territory to which there is reason to believe P will be admitted.
(4) Subsection (5) applies if—
(a) P is a national of a country listed in section 80AA(1) of the Nationality, Immigration and Asylum Act 2002, or has obtained a passport or other document of identity in such a country, and
(b) P makes a protection claim or a human rights claim.
(5) P may be removed to a country or territory within subsection (3)(c) or (d) only if it is listed in Schedule (Countries and territories to which a person may be removed).
(6) Subsection (7) applies if—
(a) P is not a national of a country listed in section 80AA(1) of the Nationality, Immigration and Asylum Act 2002, and has not obtained a passport or other document of identity in such a country, and
(b) P makes a protection claim or a human rights claim.
(7) P may not be removed to a country or territory within subsection (3)(a) or (b); and P may be removed to a country or territory within subsection (3)(c) or (d) only if it is listed in Schedule (Countries and territories to which a person may be removed).
(8) Where a country or territory is listed in Schedule (Countries and territories to which a person may be removed) in respect of a description of person, subsection (5) or (7) has effect in relation to P and that country or territory only if the Secretary of State is satisfied that P is within that description.
(9) Where a part of a country or territory is listed in Schedule (Countries and territories to which a person may be removed), references to a country or territory in subsections (5), (7) and (8) have effect in relation to that country or territory as if they were references to that part.
(10) In this section references to a claim include a claim—
(a) that was made on or after the day on which this Act is passed, and
(b) that has not been decided by the Secretary of State on the date on which this section comes into force.
(11) Where the Secretary of State exercises the power in subsection (2) of section 80AA of the Nationality, Immigration and Asylum Act 2002 to amend the list of States in subsection (1) of that section so as to add a State, subsections (4) and (5) apply to a person who is a national of that State, or who has obtained a passport or other document of identity in that State, if—
(a) they have made a protection claim or a human rights claim on or after the day on which this Act is passed, and
(b) the claim has not been decided by the Secretary of State on the date on which the amendment comes into force.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Amendment 141A

Tabled: 01 Sep 2025
HL Bill 101-IV Fourth marshalled list for Committee

This amendment was NOT MOVED

After Clause 41, insert the following new Clause—
“Collection of data on overseas students and their dependents
The Secretary of State must lay before Parliament an annual statement setting out data on—
(a) the number of overseas students granted student visas, broken down by—
(i) nationality;
(ii) degree level, specifically—
(A) undergraduate study;
(B) post-graduate study;
(C) non-degree courses offered by universities.
(iii) duration of visas, and
(b) the number of persons dependents of overseas students given visas with breakdown for—
(i) nationality;
(ii) degree level of the person granted an overseas student visa on which they are dependent, specifically—
(A) undergraduate study;
(B) postgraduate study;
(C) non-degree courses offered by universities.”

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer) - 01 Sep 2025
Opposition Amendment 110

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was WITHDRAWN

After Clause 38, insert the following new Clause—
“Powers to amend Schedule (Countries and territories to which a person may be removed)
(1) The Secretary of State may by regulations amend Schedule (Countries and territories to which a person may be removed) to add a country or territory, or part of a country or territory, if satisfied that there is in general in that country or territory, or part, no serious risk of persecution.
(2) If the Secretary of State is satisfied that the statement in subsection (1) is true of a country or territory, or part of a country or territory, in relation to a description of person, regulations under subsection (1) may add the country or territory or part to Schedule (Countries and territories to which a person may be removed) in respect of that description of person.
(3) A description for the purposes of subsection (2) may refer to—
(a) sex,
(b) language,
(c) race,
(d) religion,
(e) nationality,
(f) membership of a social or other group,
(g) political opinion, or
(h) any other attribute or circumstance that the Secretary of State thinks appropriate.
(4) In deciding whether the statement in subsection (1) is true of a country or territory, or part of a country or territory, the Secretary of State—
(a) must have regard to all the circumstances of the country or territory, or part (including its laws and how they are applied), and
(b) must have regard to information from any appropriate source (including member States and international organisations).
(5) The Secretary of State may by regulations amend Schedule (Countries and territories to which a person may be removed) to omit a country or territory, or part of a country or territory, and the omission may—
(a) be general, or
(b) have the effect that the country or territory, or part, remains listed in Schedule (Countries and territories to which a person may be removed) in respect of a description of person.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 1

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was WITHDRAWN

Clause 1, page 1, line 6, leave out “designate a civil servant as the” and insert “appoint a”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would remove the requirement for the Border Security Commander to be a civil servant.

Amendment 142

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

Clause 42, page 36, line 27, leave out paragraph (a) and insert—
“(a) P was granted leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules, which has not been cancelled, curtailed or revoked,”

Type: Backbencher

Signatures: 2

Baroness Ludford (LD - Life peer) - 03 Jun 2025
Lord Oates (LD - Life peer) - 03 Jun 2025

Member's explanatory statement

This amendment ensures that all persons granted residence status in the UK under the EUSS, which has not been cancelled, curtailed, or revoked by the Secretary of State or an Immigration Officer, benefit from this Clause if they are not already a beneficiary of the Withdrawal Agreement.

Amendment 143

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was NOT MOVED

Clause 42, page 36, line 29, leave out paragraph (b) and insert—
“(b) the leave in paragraph (a) was not granted by virtue of P being a person with a Zambrano right to reside or a family member of a qualifying British citizen as defined by residence scheme immigration rules.”

Type: Backbencher

Signatures: 2

Baroness Ludford (LD - Life peer) - 03 Jun 2025
Lord Oates (LD - Life peer) - 03 Jun 2025

Member's explanatory statement

This amendment, together with the amendment to page 37, line 5 in the name of Baroness Ludford, seeks to ensure that any persons granted residence status in the UK, under the Chen or Ibrahim/Teixeira routes of the EUSS, which has not been cancelled, curtailed, or revoked by the Secretary of State or an Immigration Officer, benefit from the provisions in clause 42 if they are not already a beneficiary of the Withdrawal Agreement.

Opposition Amendment 2

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 1, page 1, line 13, at end insert—
“(5) The Secretary of State may only appoint a person as the Commander if the person is, or has been, any of the following—
(a) an officer of the National Police Chiefs Council,
(b) an immigration officer of at least the rank of director, or
(c) a military officer of at least the rank of OF-6 in the NATO standard rank scale.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment probes whether there should be a specification of who can be appointed as the Commander.

Opposition Amendment 111

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

After Clause 38, insert the following new Clause—
“Support where asylum claim inadmissible
(1) The Immigration and Asylum Act 1999 is amended in accordance with subsections (2) and (3).
(2) If paragraph 1 of Schedule 11 to the Immigration Act 2016, which repeals section 4 of the Immigration and Asylum Act 1999, is not yet in force on the day this section comes into force, in subsection (2)(b) of that section, at end insert, “and section (Disregard of certain claims, applications etc) of the Border Security, Asylum and Immigration Act 2025”.
(3) In section 94 (interpretation of Part 6)—
(a) in subsection (4A), at end insert, “or section (Disregard of certain claims, applications etc) of the Border Security, Asylum and Immigration Act 2025”,
(b) in subsection (4B), for “of that Act” substitute “of the Nationality, Immigration and Asylum Act 2002”, and
(c) in subsection (4C), for “of that Act” substitute “of the Nationality, Immigration and Asylum Act 2002 or under section (Disregard of certain claims, applications etc) of the Border Security, Asylum and Immigration Act 2025”.
(4) The Nationality, Immigration and Asylum Act 2002 is amended as follows.
(5) In section 18(1ZA) (asylum seeker: definition), at end insert “of this Act or section (Disregard of certain claims, applications etc) of the Border Security, Asylum and Immigration Act 2025”.
(6) In section 21 (sections 17 to 20: supplementary), in subsection (3)(a), after “80B” insert “of this Act or section (Disregard of certain claims, applications etc) of the Border Security, Asylum and Immigration Act 2025”.
(7) In paragraph 17(2A) of Schedule 3 (withholding and withdrawal of support: interpretation), at end insert “of this Act or section (Disregard of certain claims, applications etc) of the Border Security, Asylum and Immigration Act 2025”.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 112

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

After Clause 38, insert the following new Clause—
“Powers of detention
(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended in accordance with subsections (2) and (3).
(2) After paragraph 16(2B), insert—
“(2C) A person may be detained under the authority of an immigration officer—
(a) if the immigration officer suspects that the person meets the four conditions in section (Duty to make arrangements for removal) of the Border Security, Asylum and Immigration Act 2025, pending a decision as to whether the conditions are met;
(b) if the immigration officer suspects that the Secretary of State has a duty to make arrangements for the removal of the person from the United Kingdom under that section, pending a decision as to whether the duty applies;
(c) if the Secretary of State has such a duty, pending the person’s removal from the United Kingdom in accordance with that section;
(d) if the person meets those four conditions but the Secretary of State does not have such a duty by virtue of subsection (1) of section (Unaccompanied children and power to provide for exceptions) of the Border Security, Asylum and Immigration Act 2025—
(i) pending a decision to give limited leave to enter or remain under the immigration rules to the person for the purposes of that subsection,
(ii) pending a decision to give leave under section 8AA of the Immigration Act 1971 (discretionary leave for persons generally ineligible for leave etc),
(iii) pending a decision to give leave under section 65(2) of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking), or
(iv) pending a decision to remove the person under subsection (2) of section (Unaccompanied children and power to provide for exceptions) of the Border Security, Asylum and Immigration Act 2025, and pending their removal in accordance with that subsection.
(2D) But if the immigration officer is satisfied that a woman being detained under sub-paragraph (2C) is pregnant, then the woman may not be detained under that sub-paragraph for a period of—
(a) more than 72 hours from the relevant time, or
(b) more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
(2E) A woman who has been released as a result of sub-paragraph (2D) may be detained again under sub-paragraph (2C) in accordance with sub-paragraph (2D).
(2F) Where a woman being detained under sub-paragraph (2C) has previously been detained under section 62(2A) of the Nationality, Immigration and Asylum Act 2002 and has not been released in between, the definition of “the relevant time” in sub-paragraph (2G) is to be read as if paragraph (b) referred to the time when the woman was first detained under sub-paragraph (2C) or section 62(2A) of that Act.
(2G) In sub-paragraphs (2D) to (2F)—
“the relevant time” means the later of—
(a) the time at which the immigration officer is first satisfied that the woman is pregnant, and
(b) the time at which the detention under sub-paragraph (2C) begins;
“woman” means a female of any age.
(2H) The powers in sub-paragraph (2C) may be exercised in respect of an unaccompanied child only in the circumstances specified in regulations made by the Secretary of State.
(2I) The Secretary of State may, by regulations, specify time limits that apply in relation to the detention of an unaccompanied child under sub-paragraph (2C)(d)(iv) (detention of unaccompanied child in relation to removal).
(2J) Regulations under sub-paragraph (2H) may confer a discretion on the Secretary of State or an immigration officer.
(2K) Regulations under sub-paragraph (2H) or (2I)—
(a) may make different provision for different purposes;
(b) may make consequential, supplementary, incidental, transitional or saving provision;
(c) must be made by statutory instrument.
(2L) A person who may be detained under sub-paragraph (2C) may no longer be detained under sub-paragraph (1), (1A), (1B), (2), (3) or (4).
(2M) A person (of any age) detained under sub-paragraph (2C) may be detained in any place that the Secretary of State considers appropriate.
(2N) A statutory instrument containing regulations under sub-paragraph (2H) or (2I) is subject to annulment in pursuance of a resolution of either House of Parliament.
(2P) In sub-paragraphs (2H) and (2I), “unaccompanied child” has the same meaning as in the Border Security, Asylum and Immigration Act 2025 (see section (Unaccompanied children and power to provide for exceptions) of that Act).”
(3) In the italic heading before paragraph 16, at the end insert ”, or for the purposes of the Border Security, Immigration and Asylum Act 2025”.
(4) In section 147 of the Immigration and Asylum Act 1999 (interpretation of Part 8 of that Act), in the definition of “pre-departure accommodation”—
(a) in the words before paragraph (a), omit “for a period of”;
(b) at the beginning of paragraph (a), insert “for a period of”;
(c) omit the “or” at the end of paragraph (a);
(d) at the beginning of paragraph (b), insert “for a period of”;
(e) at the end of paragraph (b), insert “, or
(c) for any period, where the detention is under—
(i) paragraph 16(2C) of Schedule 2 to the Immigration Act 1971 (detention under authority of immigration officer for the purposes of the Border Security, Asylum and Immigration Act 2025), or
(ii) section 62(2A) of the Nationality, Immigration and Asylum Act 2002 (detention under authority of Secretary of State for the purposes of the Border Security, Asylum and Immigration Act 2025);”.
(5) Section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) is amended in accordance with subsections (6) to (10).
(6) After subsection (2), insert—
“(2A) A person may be detained under the authority of the Secretary of State—
(a) if the Secretary of State suspects that the person meets the four conditions in section (Duty to make arrangements for removal) of the Border Security, Asylum and Immigration Act 2025, pending a decision as to whether the conditions are met;
(b) if the Secretary of State suspects that the Secretary of State has a duty to make arrangements for the removal of the person from the United Kingdom under that section, pending a decision as to whether the duty applies;
(c) if the Secretary of State has such a duty, pending the person’s removal from the United Kingdom in accordance with that section;
(d) if the person meets those four conditions but the Secretary of State does not have such a duty by virtue of subsection (1) of section (Unaccompanied children and power to provide for exceptions) of that Act—
(i) pending a decision to give limited leave to enter or remain under the immigration rules to the person for the purposes of that subsection,
(ii) pending a decision to give leave under section 8AA of the Immigration Act 1971 (discretionary leave for persons generally ineligible for leave etc),
(iii) pending a decision to give leave under section 65(2) of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking), or
(iv) pending a decision to remove the person under subsection (2) of section (Unaccompanied children and power to provide for exceptions) of the Border Security, Asylum and Immigration Act 2025, and pending their removal in accordance with that subsection.
(2B) But if the Secretary of State is satisfied that a woman being detained under subsection (2A) is pregnant, then the woman may not be detained under that subsection for a period of—
(a) more than 72 hours from the relevant time, or
(b) more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
(2C) A woman who has been released as a result of subsection (2B) may be detained again under subsection (2A) in accordance with subsection (2B).
(2D) Where a woman being detained under subsection (2A) has previously been detained under paragraph 16(2C) of Schedule 2 to the Immigration Act 1971 and has not been released in between, the definition of “the relevant time” in subsection (2E) is to be read as if paragraph (b) referred to the time when the woman was first detained under subsection (2A) or paragraph 16(2C) of that Schedule to that Act.
(2E) In subsections (2B) to (2D)—
“the relevant time” means the later of—
(a) the time at which the Secretary of State is first satisfied that the woman is pregnant, and
(b) the time at which the detention under subsection (2A) begins;
“woman” means a female of any age.
(2F) The powers in subsection (2A) may be exercised in respect of an unaccompanied child only in the circumstances specified in regulations made by the Secretary of State.
(2G) The Secretary of State may, by regulations, specify time limits that apply to the detention of an unaccompanied child under subsection (2A)(d)(iv) (detention of unaccompanied child in relation to removal).
(2H) Regulations under subsection (2F) may confer a discretion on the Secretary of State or an immigration officer.
(2I) Regulations under subsection (2F) or (2G)—
(a) may make different provision for different purposes;
(b) may make consequential, supplementary, incidental, transitional or saving provision;
(c) must be made by statutory instrument.
(2J) A person who may be detained under subsection (2A) may no longer be detained under subsection (1) or (2).
(2K) A person (of any age) detained under subsection (2A) may be detained in any place that the Secretary of State considers appropriate.
(2L) A statutory instrument containing regulations under subsection (2F) or (2G) is subject to annulment in pursuance of a resolution of either House of Parliament.
(2M) In subsections (2F) and (2G), “unaccompanied child” has the same meaning as in the Border Security, Asylum and Immigration Act 2025 (see section (Unaccompanied children and power to provide for exceptions) of that Act).”
(7) In subsection (3), in the opening words, for “that Act” substitute “the Immigration Act 1971”.
(8) After subsection (3) insert—
“(3A) But a provision of Schedule 2 to the Immigration Act 1971 which is expressed to relate only to a person who is detained or liable to detention under sub-paragraph (2) of paragraph 16 of that Schedule does not apply to a person who is detained or liable to detention under subsection (2A) of this section.”
(9) In subsection (7), for “this section” substitute “subsection (1) or (2)”.
(10) In subsection (7A), for “this section” substitute “subsection (1) or (2)”.
(11) In section 60(8) of the Immigration Act 2016 (limitation on detention of pregnant women), in paragraph (c) of the definition of “relevant detention power”, after “section 62” insert “(1) or (2)”.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 3

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was WITHDRAWN

Clause 1, page 1, line 13, at end insert—
“(5) The Secretary of State must make a statement to Parliament stating that the Secretary of State has designated the person as Commander.
(6) The person who has been designated as Commander by the Secretary of State must appear before any Parliamentary committee that invites the person to appear before them.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)
Amendment 144

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was NOT MOVED

Clause 42, page 36, line 32, leave out paragraph (c)

Type: Backbencher

Signatures: 2

Baroness Ludford (LD - Life peer) - 03 Jun 2025
Lord Oates (LD - Life peer) - 03 Jun 2025

Member's explanatory statement

This amendment removes a provision that allows a person’s EU Settlement Scheme status to be removed without applying procedural safeguards contained in the Withdrawal Agreement.

Amendment 145

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was NOT MOVED

Clause 42, page 37, line 5, leave out paragraph (a)

Type: Backbencher

Signatures: 2

Baroness Ludford (LD - Life peer) - 03 Jun 2025
Lord Oates (LD - Life peer) - 03 Jun 2025

Member's explanatory statement

This amendment, together with the amendment to page 36, line 29 in the name of Baroness Ludford, seeks to ensure that any persons granted residence status in the UK, under the Chen or Ibrahim/Teixeira routes of the EUSS, which has not been cancelled, curtailed, or revoked by the Secretary of State or an Immigration Officer, benefit from the provisions in clause 42 if they are not already a beneficiary of the Withdrawal Agreement.

Opposition Amendment 4

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 2, page 2, line 2, at end insert—
“(2A) The Secretary of State must publish a statement of the terms and conditions of a designation as Commander once the Secretary of State has so determined those terms and conditions.
(2B) The statement of terms and conditions published under subsection (2A) must also include key performance indicators that are to be used to determine the Commander’s effectiveness.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 113

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

After Clause 38, insert the following new Clause—
“Powers to grant immigration bail
(1) Schedule 10 to the Immigration Act 2016 (immigration bail) is amended in accordance with subsections (2) to (4).
(2) In paragraph 1 (power to grant immigration bail)—
(a) in sub-paragraph (1)(a), for “or (2)” substitute “, (2) or (2C)”,
(b) in sub-paragraph (3)(a), for “or (2)” substitute “, (2) or (2C)”, and
(c) in sub-paragraph (9), at end insert, “and paragraph 3A (legal proceedings)”.
(3) In paragraph 3 (exercise of power to grant immigration bail)—
(a) in sub-paragraph (2), after paragraph (e) insert—
“(eza) whether the Secretary of State has a duty to make arrangements for the removal of the person from the United Kingdom under section (Duty to make arrangements for removal) of the Border Security, Asylum and Immigration Act 2025,”
(b) after sub-paragraph (3) insert—
“(3A) A person who is being detained under paragraph 16(2C)(d)(iv) of Schedule 2 to the Immigration Act 1971 or section 62(2A)(d)(iv) of the Nationality, Immigration and Asylum Act 2002 (detention of unaccompanied child for purposes of removal) must not be granted immigration bail by the First-tier Tribunal until after the earlier of—
(a) the end of the period of 28 days beginning with the date on which the person’s detention under any provision of paragraph 16(2C) of Schedule 2 to the Immigration Act 1971 or section 62(2A) of the Nationality, Immigration and Asylum Act 2002 began, and
(b) the end of the period of 8 days beginning with the date on which the person’s detention under paragraph 16(2C)(d)(iv) of Schedule 2 to the Immigration Act 1971 or section 62(2A)(d)(iv) of the Nationality, Immigration and Asylum Act 2002 began.
(3B) A person who is being detained under—
(a) paragraph 16(2C)(a), (b), (c) or (d)(i) to (iii) of Schedule 2 to the Immigration Act 1971, or
(b) section 62(2A)(a), (b), (c) or (d)(i) to (iii) of the Nationality, Immigration and Asylum Act 2002,
must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 28 days beginning with the date on which the person’s detention under paragraph 16(2C) of that Schedule or section 62(2A) of that Act began.
(3C) Where a person is detained under a provision of the Immigration Act 1971 and then (without being released) under a provision of the Nationality, Immigration and Asylum Act 2002, or vice versa, the periods referred to in sub-paragraphs (3A) and (3B) begin with the date on which the person was first detained under the relevant provisions of either of those Acts.”
(4) After paragraph 3 insert—
“Legal proceedings
3A (1)This paragraph applies in relation to—
(a)a decision to detain a person under the authority of an immigration officer under paragraph 16(2C) of Schedule 2 to the Immigration Act 1971,
(b)a decision to detain a person under the authority of the Secretary of State under section 62(2A) of the Nationality, Immigration and Asylum Act 2002, and
(c)where a person is being detained under a provision mentioned in paragraph (a) or (b), a decision of the Secretary of State to refuse to grant immigration bail to the person.
(2)In relation to detention during the relevant period, the decision is final and is not liable to be questioned or set aside in any court or tribunal.
(3)In particular—
(a)the powers of the immigration officer or the Secretary of State (as the case may be) are not to be regarded as having been exceeded by reason of any error made in reaching the decision;
(b)the supervisory jurisdiction does not extend to, and no application or petition for judicial review may be made or brought in relation to, the decision.
(4)Sub-paragraphs (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether the immigration officer or the Secretary of State is acting or has acted—
(a)in bad faith, or
(b)in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice.
(5)Sub-paragraphs (2) and (3) do not affect any right of a person to—
(a)apply for a writ of habeas corpus, or
(b)in Scotland, apply to the Court of Session for suspension and liberation.
(6)In this paragraph—
“decision” includes any purported decision;
“relevant period” means the period of 28 days beginning with the date on which the person’s detention under the provision mentioned in sub-paragraph (1) began;
“the supervisory jurisdiction” means the supervisory jurisdiction of—
(a)the High Court, in England and Wales or Northern Ireland, or
(b)the Court of Session, in Scotland.”
(5) In Schedule 3 to the Special Immigration Appeals Commission Act 1997 (bail: modifications of Schedule 10 to the Immigration Act 2016), in paragraph 3(a), after “(3),” insert “(3A), (3B),”.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 146

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was WITHDRAWN

Clause 43, page 38, line 30, at end insert—
“(2A) After section 3(1) insert—
“(1A) The Secretary of State must, where a person breaches any of the conditions of their leave to enter or remain under subsection (1)(c), make a deportation order against the person.”.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would ensure that anyone who breached a condition of their leave to enter or remain would be deported from the United Kingdom.

Opposition Amendment 114

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was WITHDRAWN

After Clause 38, insert the following new Clause—
“Decisions relating to a person’s age
(1) This section applies if a relevant authority decides the age of a person (“P”) who meets the four conditions in section (Duty to make arrangements for removal) (duty to make arrangements for removal), whether that decision is for the purposes of this Act or otherwise.
(2) If the decision is made on an age assessment under section 50 or 51 of the Nationality and Borders Act 2022, P may not bring an appeal against the decision under section 54(2) of that Act.
(3) Subsections (4) and (5) apply if P makes an application for judicial review of—
(a) the decision mentioned in subsection (1), or
(b) any decision to make arrangements for the person’s removal from the United Kingdom under this Act which is taken on the basis of that decision.
(4) The application does not prevent the exercise of any duty or power under this Act to make arrangements for the person’s removal from the United Kingdom.
(5) The court or tribunal must determine the application on the basis that the person’s age is a matter of fact to be determined by the relevant authority; and accordingly the court or tribunal—
(a) may grant relief only on the basis that the decision was wrong in law, and
(b) may not grant relief on the basis that the court or tribunal considers the decision mentioned in subsection (1) was wrong as a matter of fact.
(6) In this section “relevant authority” means—
(a) the Secretary of State,
(b) an immigration officer,
(c) a designated person within the meaning of Part 4 (age assessments) of the Nationality and Borders Act 2022,
(d) a local authority within the meaning of that Part, subject to subsection (7), or
(e) a public authority within the meaning of that Part which is specified in regulations under section 50(1)(b) of that Act (referral of age-disputed person for age assessment).
(7) This section applies in relation to a decision of a local authority which is a decision within subsection (1) only if it is for the purposes, or also for the purposes, of the local authority deciding whether or how to exercise any of its functions under relevant children’s legislation within the meaning of Part 4 of the Nationality and Borders Act 2022.
(8) For the purposes of this section, the cases in which a relevant authority decides the age of a person on an age assessment under section 50 or 51 of the Nationality and Borders Act 2022 include where a relevant authority is treated by virtue of regulations under section (Age assessments: power to make provision about refusal to consent to scientific methods) of this Act as having decided that a person is over the age of 18.
(9) This section applies only in relation to a decision which is made after this section comes into force.
(10) The Nationality and Borders Act 2022 is amended as follows.
(11) In section 54(6) (appeals relating to age assessments)—
(a) omit the “and” at the end of paragraph (a), and
(b) at the end of paragraph (b) insert “, and
(c) section (Decisions relating to a person’s age) of the Border Security, Asylum and Immigration Act 2025 (decisions relating to a person’s age).”
(12) In section 56(1) (new information following age assessment or appeal), for paragraph (b) (and the “and” at the end of that paragraph) substitute—
“(b) an appeal under section 54(2)—
(i) could no longer be brought (ignoring any possibility of an appeal out of time),
(ii) has been finally determined, or
(iii) may not be brought as a result of section (Decisions relating to a person’s age)(2) of the Border Security, Asylum and Immigration Act 2025 (age assessments relating to removal under that Act), and”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 5

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 2, page 2, line 22, at end insert—
“(6) If the Secretary of State terminates a person’s designation as the Commander, the Secretary of State must make a statement to Parliament, which—
(a) states that the Secretary of State has terminated the person’s designation as the Commander, and
(b) includes the reasons for the Secretary of State’s decision to terminate the person’s designation as the Commander.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)
Amendment 6

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

Clause 3, page 2, line 28, after “threats,” insert “including the threats posed to the biosecurity of the United Kingdom by illegal meat imports,”

Type: Backbencher

Signatures: 3

Lord Rooker (Lab - Life peer) - 03 Jun 2025
Baroness Coffey (Con - Life peer) - 03 Jun 2025
Lord Trees (XB - Life peer) - 03 Jun 2025

Member's explanatory statement

This amendment requires the Border Security Commander, to have regard to the threats posed to UK biosecurity by illegal meat imports.

Opposition Amendment 115

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

After Clause 38, insert the following new Clause—
“Age assessments: power to make provision about refusal to consent to scientific methods
(1) The Secretary of State may make regulations about the effect of a decision by a relevant person (“P”) not to consent to the use of a specified scientific method for the purposes of an age assessment of P where there are no reasonable grounds for P’s decision.
(2) The regulations may provide that, in the circumstances set out in the regulations—
(a) section 52(7) of the Nationality and Borders Act 2022 (refusal to consent to scientific methods to be taken to damage credibility) does not apply, and
(b) P is to be treated as if the decision-maker had decided that P was over the age of 18.
(3) In this section—
“age assessment” means an assessment under section 50 or 51 of the Nationality and Borders Act 2022;
“decision-maker” and “specified scientific method” have the same meanings as in Part 4 of the Nationality and Borders Act 2022 (see section 49 of that Act);
“relevant person” means a person who meets the four conditions in section(duty to make arrangements for removal).
(4) In Part 4 of the Nationality and Borders Act 2022 (age assessments)—
(a) in section 52 (use of scientific methods in age assessments), in subsection (7), at the end insert “(See also section (Age assessments: power to make provision about refusal to consent to scientific methods) of the Border Security, Asylum and Immigration Act 2025 (power to make provision about refusal to consent to scientific methods).)”;
(b) in section 53 (regulations about age assessments), in subsection (1)(a)(iv), after “method,” insert “the circumstances in which a person may be considered to have reasonable grounds for a decision not to consent and”.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 147

Tabled: 04 Jul 2025
HL Bill 101-II Second marshalled list for Committee

This amendment was NOT MOVED

Clause 43, page 38, line 30, at end insert—
“(2A) In section 24(1) (illegal entry and similar offences), for the words from “on” to “both,” substitute “with deportation from the United Kingdom”.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 04 Jul 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 04 Jul 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would ensure that anyone who breached a condition of their leave to enter or remain would be deported from the United Kingdom.

Amendment 115A

Tabled: 09 Jul 2025
HL Bill 101-III(a) Amendments for Committee (Supplementary to the Third Marshalled List)

This amendment was NOT MOVED

Clause 39, page 31, line 25, leave out paragraph (c) and insert—
“(c) in Schedule 2 (Administrative Provisions as to Control on Entry etc.)—
(i) in paragraph 16, omit sub-paragraph (5);
(ii) omit paragraph 17A;
(d) in paragraph 2 of Schedule 3 (Supplementary Provisions as to Deportation)—
(i) omit sub-paragraphs (3A) to (3E);
(ii) in sub-paragraph (4), for “17, 18, 18A” substitute “17 to 18A”.”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer) - 09 Jul 2025

Member's explanatory statement

This amendment is consequential to another amendment in Baroness Jones of Moulescoomb’s name to clause 38 repealing section 12 of the Illegal Migration Act 2023.

Opposition Amendment 7

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was WITHDRAWN

Clause 3, page 2, line 29, at end insert—
“(c) reducing the number of illegal migrant crossings, and
(d) increasing the prosecutions of criminal organisations who facilitate illegal migrant crossings.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment adds further objectives to the Commander’s functions.

Amendment

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill.

Type: Backbencher

Signatures: 3

Lord Anderson of Ipswich (XB - Life peer) - 17 Jun 2025
Lord Kirkhope of Harrogate (Con - Life peer) - 17 Jun 2025
Baroness Hamwee (LD - Life peer) - 17 Jun 2025
Opposition Amendment 8

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 3, page 2, line 29, at end insert—
“(c) 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,
(d) ensuring that a decision is taken on a claim by a person under subsection (c) who nevertheless managed to board a vessel to enter the United Kingdom within six months of the person’s arrival in the United Kingdom, and
(e) 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.”

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)
Amendment 148

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

After Clause 43, insert the following new Clause—
“Powers of Secretary of State to enable person to meet bail conditions
In Schedule 10 of the Immigration Act 2016 (immigration bail), in paragraph 9(1)(a), omit “specified in the condition” and insert “that is known at the time of the grant or variation of immigration bail, or an address that is yet to be specified”.”

Type: Backbencher

Signatures: 1

Lord Bach (Lab - Life peer) - 17 Jun 2025

Member's explanatory statement

This amendment seeks to ensure that a person can apply for bail accommodation without already having a grant of bail to a specific address.

Amendment 115B

Tabled: 09 Jul 2025
HL Bill 101-III(a) Amendments for Committee (Supplementary to the Third Marshalled List)

This amendment was NOT MOVED

Clause 39, page 32, line 27, at end insert—
“(2A) In section 10(9) of the Immigration and Asylum Act 1999 (application of Schedule 2 to the Immigration Act 1971 in relation to persons unlawfully in the United Kingdom)—
(a) in paragraph (b), for “16(2) to (2B), (3) and (4)” substitute “16(2) to (4)”;
(b) omit paragraph (ca).”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer) - 09 Jul 2025

Member's explanatory statement

This amendment is consequential to another amendment in Baroness Jones of Moulescoomb’s name to clause 38 repealing section 12 of the Illegal Migration Act 2023.

Amendment 115C

Tabled: 09 Jul 2025
HL Bill 101-III(a) Amendments for Committee (Supplementary to the Third Marshalled List)

This amendment was NOT MOVED

Clause 39, page 32, line 30, leave out paragraphs (a) and (b) and insert “omit subsections (2N) to (2R).”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer) - 09 Jul 2025

Member's explanatory statement

This amendment is consequential to another amendment in Baroness Jones of Moulescoomb’s name to clause 38 repealing section 12 of the Illegal Migration Act 2023.

Amendment 149

Tabled: 20 Jun 2025
HL Bill 101 Running list of amendments – 20 June 2025

This amendment was NOT MOVED

After Clause 44, insert the following new Clause—
“Powers relating to identity documents
After section 28I of the Immigration Act 1971, insert—
“28IA Power to search for and seize identity documents
(1) This section applies to—
(a) any person (“A”) who is not a British citizen and who has been arrested for an offence under this Part at a place other than a police station;
(b) any person (“B”) who has made a claim for asylum;
(c) any person (“C”) in respect of whom the Secretary of State has decided—
(i) to make a deportation order, or
(ii) that section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies;
(d) any person (“D”) who has been detained under paragraph 16 of Schedule 2 of this Act or arrested under paragraph 17 of that Schedule;
(e) any person (“E”) who has been refused leave to enter the United Kingdom but has been granted immigration bail under Schedule 10 to the Immigration Act 2016.
(2) A person to whom this section applies must surrender any identity document they have in their possession to an immigration officer.
(3) If a person to whom this section applies does not surrender an identity document, an immigration officer must search the person for any identity document the person may have in their possession.
(4) An immigration officer searching a person under subsection (3) must seize and retain any identity document the officer finds.
(5) Any identity document seized under subsection (4) must be retained for the relevant period.
(6) The relevant period begins—
(a) for A, on their arrest;
(b) for B, on the making of their claim for asylum;
(c) for C, when they are notified of the decision mentioned in subsection 1(c);
(d) for D, on their detention or arrest;
(e) for E, on the decision to grant them bail.
(7) The relevant period ends on the earliest of the following—
(a) the grant of leave to enter or remain in the United Kingdom;
(b) for A, either—
(i) on their removal or deportation from the United Kingdom, or
(ii) on their acquittal;
(c) for B, on the final determination or abandonment of their claim for asylum;
(d) for C, D or E, their removal or deportation from the United Kingdom;
(e) for C—
(i) the time when the decision mentioned in subsection (1)(c) ceases to have effect, whether as a result of an appeal or otherwise, or
(ii) if a deportation order has been made against them, its revocation or its otherwise ceasing to have effect;
(f) for D, their release if they are no longer liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act.
(8) At the end of the relevant period, an immigration officer must return any identity document that was seized and retained to the person from whom the identity document was seized.
(9) An immigration officer may use any seized identity document for any immigration function conferred by the Immigration Acts.
(10) In this section –
“claim for asylum” has the same meaning as in Part VI of the Immigration and Asylum Act 1999;
“identity document” has the same meaning as in section 7 of the Identity Documents Act 2010.
28IB Requirement to give biometric identity document
(1) An immigration officer who has seized an identity document from a person under section (28IA)(4) must give the person a biometric registration card.
(2) The biometric registration card must—
(a) contain information identifying the person’s nationality,
(b) link to relevant biometric information collected for the person, and
(c) contain any other features that the Secretary of State may specify in regulations.
(3) It is an offence to tamper with, or destroy, or alter in any way, a biometric identity document.
(4) It is an offence for a person to –
(a) make a false biometric identity document,
(b) alter a biometric identity document with intent to deceive or to enable another to deceive,
(c) have a false or altered biometric identity document in the person’s possession without reasonable excuse,
(d) use or attempt to use a false biometric identity document for a purpose for which a biometric identity document is issued,
(e) use or attempt to use an altered biometric identity document with intent to deceive,
(f) make an article designed to be used in making a biometric identity document card,
(g) make an article designed to be used in altering a biometric identity document with intent to deceive or to enable another to deceive, or
(h) have an article within paragraph (f) or (g) in the person’s possession without reasonable excuse.
(5) A person who commits an offence under subsections (3) or (4) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding ten years, or a fine, or both;
(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both.
(6) For the purposes of this section, “relevant biometric information” means any biometric information collected under—
(a) section 141 of the Immigration and Asylum Act 1999,
(b) the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021, or
(c) any regulations made under section 5 of the UK Borders Act 2007.
(7) Regulations in subsection (2)(c) must be made by statutory instrument and are subject to annulment in pursuance of a resolution of either House of Parliament.””

Type: Backbencher

Signatures: 1

Lord Swire (Con - Life peer) - 20 Jun 2025
Opposition Amendment 9

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was WITHDRAWN

Clause 3, page 2, line 30, leave out “from time to time” and insert “annually”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)
Amendment 150

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was WITHDRAWN

Clause 45, page 42, line 9, at end insert—
“(3A) In section 15, after subsection (7) insert—
“(8) The Secretary of State may take such reasonable steps as they consider appropriate to ensure that employers and other persons referred to in section 14A(1) have been made aware of the provisions of sections 14A and 15A.””

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment is intended to probe the impact on businesses and employers of this section.

Opposition Amendment 10

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 3, page 2, line 36, at end insert—
“(2A) The strategic priority document issued under subsection (2) must include an assessment of the most effective methods for—
(a) deterring illegal entry into the United Kingdom,
(b) reducing the number of sea crossings made by individuals without leave to enter the United Kingdom, and
(c) arranging the removal, to the person’s own country or a safe third country, of a person who enters the United Kingdom illegally.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)
Amendment 115D

Tabled: 09 Jul 2025
HL Bill 101-III(a) Amendments for Committee (Supplementary to the Third Marshalled List)

This amendment was NOT MOVED

Clause 39, page 32, line 31, at end insert—
“(3A) In section 36 of the UK Borders Act 2007 (detention relating to deportation) omit subsections (1A) to (1E).”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer) - 09 Jul 2025

Member's explanatory statement

This amendment is consequential to another amendment in Baroness Jones of Moulescoomb’s name to clause 38 repealing section 12 of the Illegal Migration Act 2023.

Amendment 115E

Tabled: 09 Jul 2025
HL Bill 101-III(a) Amendments for Committee (Supplementary to the Third Marshalled List)

This amendment was NOT MOVED

Clause 39, page 32, line 33, at end insert—
“(5) For regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as it continues to have effect following its revocation (person subject to removal), substitute—
“32 Person subject to removal
(1) If there are reasonable grounds for suspecting that a person is someone who may be removed from the United Kingdom under regulation 23(6)(b), that person may be detained under the authority of the Secretary of State pending a decision whether or not to remove the person under that regulation, and paragraphs 17 to 18A of Schedule 2 to the 1971 Act apply in relation to the detention of such a person as those paragraphs apply in relation to a person who may be detained under paragraph 16 of that Schedule.
(2) Where a decision is taken to remove a person under regulation 23(6)(a) or (c), the person is to be treated as if the person were a person to whom section 10(1) of the 1999 Act applies, and section 10 of that Act (removal of certain persons unlawfully in the United Kingdom) is to apply accordingly.
(3) Where a decision is taken to remove a person under regulation 23(6)(b), the person is to be treated as if the person were a person to whom section 3(5)(a) of the 1971 Act (liability to deportation) applies, and section 5 of that Act (procedure for deportation) and Schedule 3 to that Act (supplementary provision as to deportation) are to apply accordingly.
(4) A person who enters the United Kingdom in breach of a deportation or exclusion order, or in circumstances where that person was not entitled to be admitted under regulation 23(1) or (3), is removable as an illegal entrant under Schedule 2 to the 1971 Act and the provisions of that Schedule apply accordingly.
(5) Where a deportation order is made against a person but the person is not removed under the order during the two year period beginning on the date on which the order is made, the Secretary of State may only take action to remove the person under the order at the end of that period if, having assessed whether there has been any material change in circumstances since the deportation order was made, the Secretary of State considers that the removal continues to be justified on the grounds of public policy, public security or public health.
(6) A person to whom this regulation applies must be allowed one month to leave the United Kingdom, beginning on the date on which the decision to remove is communicated before being removed because of that decision except—
(a) in duly substantiated cases of urgency;
(b) where the person is detained pursuant to the sentence or order of any court;
(c) where the person is a person to whom paragraph (4) applies.
(7) Paragraph (6) does not apply where a decision has been taken under regulation 23(6) on the basis that the relevant person—
(a) has ceased to have a derivative right to reside, or
(b) is a person who would have had a derivative right to reside but for the effect of a decision to remove under regulation 23(6)(b).””

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer) - 09 Jul 2025

Member's explanatory statement

This amendment is consequential to another amendment in Baroness Jones of Moulescoomb’s name to clause 38 repealing section 12 of the Illegal Migration Act 2023.

Opposition Amendment 151

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was NOT MOVED

After Clause 45, insert 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: 3

Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Brinton (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)

Lord Alton of Liverpool (XB - Life peer) - 03 Jun 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 12

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

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

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would require that the Border Security Commander’s strategic priority document supports the UK Border Strategy.

Opposition Amendment 13

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 3, page 2, line 41, at end insert—
“(4A) The Commander may issue a direction to a partner authority for the purposes of—
(a) fulfilling the Commander’s objectives in subsection (1), and
(b) ensuring a partner authority’s compliance with the duty in subsection (3) and section 5(1).
(4B) A partner authority must, so far as is reasonably practicable, comply with a direction from the Commander issued under subsection (4A).”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 152

Tabled: 06 Jun 2025
HL Bill 101 Running list of amendments - 6 June 2025

This amendment was NOT MOVED

After Clause 45, insert the following new Clause—
“Granting the right to work to potential victims of human trafficking and modern slavery
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 potential victims of human trafficking and modern slavery with a positive reasonable grounds decision in the National Referral Mechanism to take up employment if they have waited more than three months for a conclusive grounds decision to be made.”

Type: Opposition

Signatures: 3

Lord German (LD - Life peer) - 06 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Lister of Burtersett (Lab - Life peer) - 06 Jun 2025
Lord Alton of Liverpool (XB - Life peer) - 06 Jun 2025

Member's explanatory statement

This amendment would allow people in the National Referral Mechanism to work if they have been waiting for more than three months for a Conclusive Grounds decision to be made.

Opposition Amendment

Tabled: 04 Jul 2025
HL Bill 101-II Second marshalled list for Committee

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill.

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 04 Jul 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 04 Jul 2025
Shadow Minister (Scotland)
Amendment 14

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was NOT MOVED

Clause 3, page 3, line 2, at end insert “, including biosecurity”

Type: Backbencher

Signatures: 3

Lord Rooker (Lab - Life peer) - 03 Jun 2025
Baroness Coffey (Con - Life peer) - 03 Jun 2025
Lord Trees (XB - Life peer) - 03 Jun 2025

Member's explanatory statement

This amendment, connected with another in the name of Lord Rooker, clarifies that the UK’s biosecurity is an element of its border security.

Opposition Amendment 116

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

After Clause 39, insert the following new 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;
(b) sections 68 and 69.”

Type: Opposition

Signatures: 3

Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jun 2025

Member's explanatory statement

This new clause would repeal specified provisions of the Nationality and Borders Act 2022.

Amendment 153

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

After Clause 45, insert the following new Clause—
“Migrant domestic workers
(1) The Secretary of State must amend the Immigration Rules to make provision for the matters in subsection (2).
(2) All holders of domestic worker or diplomatic domestic worker visas, including those working for staff of diplomatic missions, must be entitled—
(a) to change their employer (but not work sector) without restriction, but must register such change with the Home Office;
(b) to renew their domestic worker or diplomatic domestic worker visa for a period of not less than 12 months, provided they are in employment at the date of application and able to support themselves without recourse to public funds, and to make successive applications;
(c) to apply for leave to enter and remain for their spouse or partner and any child under the age of 18 for a period equivalent to the unexpired period of their visa and of any subsequent visa;
(d) to be granted indefinite leave to remain after five continuous years of residence in the United Kingdom if at the date of application their employer proposes to continue their employment.”

Type: Backbencher

Signatures: 3

Baroness Hamwee (LD - Life peer) - 17 Jun 2025
Baroness Lister of Burtersett (Lab - Life peer) - 17 Jun 2025
Baroness O'Grady of Upper Holloway (Lab - Life peer) - 17 Jun 2025

Member's explanatory statement

This amendment would reinstate the rights and protections that domestic workers had under the terms of the original Overseas Domestic Worker visa, in place from 1998 to 2012.

Amendment 117

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was NOT MOVED

After Clause 39, insert the following new Clause—
“Repeal of certain provisions of the Nationality and Borders Act 2022 (No. 2)
The following provisions of the Nationality and Borders Act 2022 are repealed—
(a) sections 58 to 65;
(b) sections 68 and 69.”

Type: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Member's explanatory statement

This amendment seeks to remove all the sections in Nationality and Borders Act 2022 relating to modern slavery victims.

Opposition Amendment 15

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was WITHDRAWN

Clause 3, page 3, line 2, at end insert—
““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

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)
Amendment 154

Tabled: 04 Jul 2025
HL Bill 101-II Second marshalled list for Committee

This amendment was NOT MOVED

After Clause 45, insert the following new Clause—
“Workforce strategy: migrant fishers on Code 7 (contract seamen) stamp
(1) The Secretary of State shall, within six months of this Act being passed, commission a report by the Migration Advisory Committee on workforce strategy regarding the risk of exploitation of migrant fishers on the Code 7 (contract seamen) stamp.
(2) The report shall—
(a) examine—
(i) the extent to which the Code 7 stamp is being used to recruit migrant fishers on UK flagged vessels,
(ii) what work is being carried out by migrant fishers on behalf of fishing vessel owners, and
(iii) the extent to which migrant fishers on the Code 7 stamp feel unable to assert their employment rights, due to their immigration status denying them the right to work inside the UK,
(b) make recommendations to the Secretary of State as to how the recruitment needs of the fishing industry can be supported while ensuring all migrant fishers are recognised as workers and are able to access their employment rights, and
(c) make recommendations to the Secretary of State as to how migrant fishers on the Code 7 stamp can be supported in the assertion of their employment rights.
(3) The report shall be completed within three months of being commissioned and the Secretary of State shall, as soon as is practicable after receipt of the report, publish the report and lay it before both Houses of Parliament.
(4) The Secretary of State shall, within three months of receipt of the report—
(a) respond to the recommendations in the report, and
(b) publish the response and lay it before both Houses of Parliament.”

Type: Backbencher

Signatures: 2

Lord Watson of Invergowrie (Lab - Life peer) - 04 Jul 2025
Lord German (LD - Life peer) - 04 Jul 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Member's explanatory statement

This amendment would require the Secretary of State to commission a review of the workforce strategy of the fishing industry in relation to the exploitation of migrant fishers and then make recommendations on how fishing recruitment needs can be met, while ensuring that risks of labour exploitation are addressed.

Amendment 154A

Tabled: 04 Sep 2025
HL Bill 101-V Fifth marshalled list for Committee

This amendment was NOT MOVED

After Clause 45, insert the following new Clause—
“Amendments to section 15 of the Immigration, Asylum and Nationality Act 2006
(1) Section 15 (Penalty) of the Immigration, Asylum and Nationality Act 2006 is amended as follows.
(2) At end of subsection (1)(b), insert “or,
(c) the employment involves using a vehicle, car, taxi, scooter, motorbike or e-bicycle to deliver goods, meals or groceries, whether powered by combustion engine or electric battery or hybrid technology, and he or she does not have a full driving licence.”
(3) At end of subsection (6)(b), insert “which shall be £10,000,”.”

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer) - 04 Sep 2025
Opposition Amendment 118

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

After Clause 39, insert the following new Clause—
“Determination of asylum claims
(1) Within six months of the passing of this Act, the Secretary of State must publish an assessment of the impact of the Nationality and Borders Act 2022 on the determination of claims to asylum, on other functions of the Secretary of State relating to immigration and asylum, and on the courts and tribunals in relation to cases involving immigration or asylum.
(2) An assessment under subsection (1) must include an evaluation of that Act’s impact on numbers and proportions of grants and refusal of asylum broken down into detail including specific consideration of the claims of—
(a) Afghan, Iranian and Eritrean nationals,
(b) women and girls, including main applicants and dependants, and
(c) children, including unaccompanied children.
(3) A report of the assessment under subsection (1) must be laid before Parliament.”

Type: Opposition

Signatures: 1

Lord German (LD - Life peer) - 17 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Member's explanatory statement

This is a probing amendment to explore the rise in rates of refusal of asylum, which is particularly marked in relation to Afghan, Iranian and Eritrean people claiming asylum.

Amendment 16

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 3, page 3, line 6, at end insert “whether that person is in public or private ownership”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment is to probe whether private bodies carrying out public sector functions are included in the definition of “public authority”.

Amendment 155

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was WITHDRAWN

Clause 46, page 43, line 28, leave out “reasonably practicable to do so” and insert “reasonable or reasonably practicable to do so having regard to other matters before or likely to come before the Tribunal”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment is intended to probe whether the resources of the Tribunal and legal aid practitioners are sufficient to ensure cases are heard fairly within this 24-week timeframe.

Opposition Amendment 17

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 3, page 3, line 6, at end insert—
““sea crossings” are journeys by water from another country for the purpose of reaching, and gaining entry into, the United Kingdom.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 119

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

After Clause 40, insert the following new Clause—
“A three-month service standard for asylum casework
(1) The Secretary of State must, within six months of the day on which this Act is passed, 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: 2

Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Hamwee (LD - Life peer) - 03 Jun 2025

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 18

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 3, page 3, line 23, at end insert—
“(d) threatens harm of any kind to the economic interests of the United Kingdom.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)
Amendment 155A

Tabled: 15 Aug 2025
HL Bill 101-III(d) Amendment for Committee (Supplementary to the Third Marshalled List)

This amendment was NOT MOVED

After Clause 46, insert the following new 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 12 months 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;
(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 Secretary of State must make arrangements for the debates required under subsections (5)(b) and (c) to be held within 25 sitting days of the day on which the report is laid before Parliament.”

Type: Backbencher

Signatures: 4

Lord Rees of Easton (Lab - Life peer) - 15 Aug 2025
Lord Alton of Liverpool (XB - Life peer) - 15 Aug 2025
Lord Barber of Ainsdale (Lab - Life peer) - 15 Aug 2025
Lord Bishop of Chelmsford (Bshp - Bishops) - 15 Aug 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 120

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Before Schedule 1, insert the following new Schedule—
“Schedule
COUNTRIES AND TERRITORIES TO WHICH A PERSON MAY BE REMOVED.
1 Republic of Albania
2 Austria.
3 Belgium.
4 Bolivia.
5 Bosnia and Herzegovina.
6 Brazil.
7 Bulgaria.
8 Republic of Croatia.
9 Republic of Cyprus.
10 Czech Republic.
11 Denmark.
12 Ecuador.
13 Estonia.
14 Finland.
15 France.
16 Gambia (in respect of men).
17 Germany.
18 Ghana (in respect of men).
19 Greece.
20 Hungary.
21 Iceland.
22 India.
23 Republic of Ireland.
24 Italy.
25 Jamaica.
26 Kenya (in respect of men).
27 Kosovo.
28 Latvia.
29 Liberia (in respect of men).
30 Principality of Liechtenstein.
31 Lithuania.
32 Luxembourg.
33 Malawi (in respect of men).
34 Mali (in respect of men).
35 Malta.
36 Mauritius.
37 The Republic of Moldova.
38 Mongolia.
39 Montenegro.
40 Netherlands.
41 Nigeria (in respect of men).
42 North Macedonia.
43 Norway.
44 Peru.
45 Poland.
46 Portugal.
47 Romania.
48 Republic of Rwanda.
49 Serbia.
50 Sierra Leone (in respect of men).
51 Slovak Republic.
52 Slovenia.
53 South Africa.
54 South Korea.
55 Spain.
56 Sweden.
57 Switzerland.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 121

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was WITHDRAWN

Schedule 1, page 67, line 7, leave out paragraphs 2 and 3

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment probes what amendments to the definition of “relevant matters” the Government might seek to make.

Amendment 156

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 47, page 44, line 19, leave out “reasonably practicable to do so” and insert “reasonable or reasonably practicable to do so having regard to other matters before or likely to come before the Tribunal”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment is intended to probe whether the resources of the Tribunal and legal aid practitioners are sufficient to ensure cases are heard fairly within this 24-week timeframe.

Amendment 19

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 3, page 3, line 27, at end insert “, but do include cybersecurity threats”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment is to probe whether cybersecurity is an element of UK border security.

Opposition Amendment 20

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was WITHDRAWN

Clause 4, page 3, line 37, at end insert—
“(c) state the number of people trafficking gangs that have ceased to operate as a result of enforcement action in the financial year.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 122

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Schedule 1, page 74, leave out lines 15 to 18

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment probes why the Immigration Services Commissioner would need to give a person who is not a relevant person a penalty notice.

Opposition Amendment 157

Tabled: 04 Jul 2025
HL Bill 101-II Second marshalled list for Committee

This amendment was NOT MOVED

After Clause 47, insert the following new Clause—
“Report on appeals backlog
(1) Within the period of three months beginning on the day on which this Act is passed the Secretary of State must publish a statement specifying the date by which he expects all cases subject to Sections 46 and 47 to be determined within the period of 24 weeks.
(2) Within the period of 12 months beginning on the day on which this Act is passed the Secretary of State must publish a report stating the number of cases subject to Sections 46 and 47 which have not been determined within the period of 24 weeks.
(3) The statement prepared under subsection (1) and the report prepared under subsection (2) must be laid before both Houses of Parliament.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 04 Jul 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 04 Jul 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would require the Secretary of State to publish a statement of the date by which he expects appeals to be heard within 24 weeks and a report stating the actual number of cases not heard within that period.

Amendment 158

Tabled: 04 Jul 2025
HL Bill 101-II Second marshalled list for Committee

This amendment was WITHDRAWN

Clause 48, page 45, line 11, at end insert—
“(1A) After subsection (4) insert—
“(4A) A person is convicted by a final judgement of a particularly serious crime if—
(a) the person is convicted of an offence under—
(i) Part III of the Immigration Act 1971, or
(ii) sections 13, 14, or 18 of the Border Security, Asylum and Immigration Act 2025, and
(b) the person is not, by virtue of the conviction, a person falling within subsection (2).
(4B) A person is convicted by a final judgement 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 under—
(i) sections 24 or 24A of the Immigration Act 1971, or
(ii) sections 13, 14, or 18 of the Border Security, Asylum and Immigration Act 2025,
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).””

Type: Backbencher

Signatures: 3

Lord Murray of Blidworth (Con - Life peer) - 09 Jul 2025
Lord Jackson of Peterborough (Con - Life peer) - 04 Jul 2025
Baroness Lawlor (Con - Life peer) - 04 Jul 2025

Member's explanatory statement

This amendment would ensure that illegal entrants and those who commit immigration crimes are included in the definition of particularly serious crime for the purposes of the interpretation of Article 33 of the Refugee Convention, meaning that they would be able to be removed from the United Kingdom.

Opposition Amendment 123

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Schedule 1, page 74, leave out lines 34 and 35

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would remove the ability of the Secretary of State to amend the amount charged in a variable penalty notice.

Opposition Amendment 21

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 4, page 3, line 37, at end insert—
“(c) state the number of persons who have, in the previous financial year, been—
(i) charged with offences under sections 13, 14, 18, and 49 of this Act;
(ii) convicted of offences under sections 13, 14, 18, and 49 of this Act;
(iii) identified as entering the United Kingdom via sea crossing without leave to remain;
(iv) detained pending deportation or a decision on deportation;
(v) deported to a country of which the person is a national or citizen;
(vi) deported to a country or territory to which there is reason to believe that the person will be admitted.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 159

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 48, page 45, line 13, leave out “to be presumed to have been”

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Member's explanatory statement

This amendment seeks to standardise the language in clause 48 with the language in section 72 of the Nationality, Immigration and Asylum Act 2002.

Opposition Amendment 124

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Schedule 1, page 76, line 23, at end insert—
“92EA Reporting requirement relating to appeals
(1) The Secretary of State must, within 3 months of the day on which sections 92C, 92D and 92E come into effect, publish a report on the impact of backlogs in the First-Tier Tribunal on the operation of the monetary penalty scheme.
(2) The report must be laid before both Houses of Parliament.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would require the Secretary of State to publish a report assessing the impact of the tribunal backlogs on the operation of the monetary penalties that the immigration services commissioner can impose.

Amendment 22

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 4, page 3, line 37, at end insert—
“(c) contain financial accounts for the office of the Commander for that financial year.”

Type: Backbencher

Signatures: 1

Viscount Goschen (Con - Excepted Hereditary) - 24 Jun 2025
Opposition Amendment 125

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Schedule 1, page 78, line 9, leave out “order” and insert “regulations”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment seeks to alter the secondary instrument that is used to specify fees from an order to regulations.

Opposition Amendment 160

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 48, page 45, line 19, leave out “to be presumed to have been”

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Member's explanatory statement

This amendment seeks to standardise the language in clause 48 with the language in section 72 of the Nationality, Immigration and Asylum Act 2002.

Opposition Amendment 23

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 4, page 3, line 37, at end insert—
“(2A) For the purposes of subsection (2) “sea crossings” are journeys by water from another country for the purpose of reaching, and gaining entry into, the United Kingdom.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 161

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 48, page 45, line 28, leave out subsections (3) to (8)

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Member's explanatory statement

This amendment seeks to standardise the language in clause 48 with the language in section 72 of the Nationality, Immigration and Asylum Act 2002.

Opposition Amendment 126

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Schedule 1, page 78, line 12, leave out “order” and insert “regulations”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment is consequential to the amendment to Schedule 1, page 78, line 9.

Amendment 24

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 4, page 3, line 37, at end insert—
“(2A) When producing the annual report, the Commander must invite partner authorities to comment on the efficacy of the office, functions and performance of the Commander.”

Type: Backbencher

Signatures: 1

Viscount Goschen (Con - Excepted Hereditary) - 24 Jun 2025
Opposition Amendment 127

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Schedule 1, page 78, line 35, leave out “order” and insert “regulations”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment is consequential to the amendment to Schedule 1, page 78, line 9.

Opposition Amendment 161A

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Clause 48, page 45, line 29, leave out “presumed to have been”

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)
Amendment 25

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 6, page 4, line 23, leave out “assist” and insert “advise”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment is intended to probe the extent to which operational decisions are within the remit of the Board.

Amendment 128

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Schedule 1, page 78, line 35, after “may” insert “not”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment, together with Baroness Hamwee’s amendment to page 78, line 38, is intended to probe whether access to justice will be impeded if fees are imposed that go beyond the cost of the IAA exercising the specific function for which the fee is charged.

Opposition Amendment 26

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 7, page 5, line 12, leave out “any civil servant authorised” and insert “a person of appropriate rank appointed”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 161B

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Clause 48, page 45, line 32, leave out subsection (4) and insert—
“(4) In subsection (6), after “subsection (5A)” insert “or (5B)””

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)
Opposition Amendment 161C

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Clause 48, page 45, line 35, leave out from “(7)” to end of line and insert “after “(5A)” insert “or (5B)””

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)
Amendment 129

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Schedule 1, page 78, line 38, leave out from beginning to end of line 2 on page 79

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment, together with Baroness Hamwee’s amendment to page 78, line 35, is intended to probe whether access to justice will be impeded if fees are imposed that go beyond the cost of the IAA exercising the specific function for which the fee is charged.

Opposition Amendment 27

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 8, page 5, line 35, leave out “designate a civil servant as the” and insert “appoint a person who falls under section 1(5)”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment is linked to another amendment in the name of Lord Davies of Gower that probes whether there could be limitations placed on who can be designated as the Commander.

Opposition Amendment 161D

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Clause 48, page 45, line 37, leave out from “(9)(b)” to end of line and insert “after “(5A)” insert “or (5B)””

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)
Opposition Amendment 130

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Schedule 1, page 79, line 6, at end insert—
“12A In section 166 (regulations and orders), after paragraph (5)(c) insert—
“(ca) section 93A, or”.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment is consequential to the amendment to Schedule 1, page 78, line 9.

Amendment 28

Tabled: 19 Jun 2025
HL Bill 101 Running list of amendments – 19 June 2025

This amendment was NOT MOVED

Clause 9, page 6, line 16, at end insert—
“(4) The Secretary of State must consult such persons as the Secretary of State considers appropriate before issuing or revising directions or guidance under this section.”

Type: Backbencher

Signatures: 1

Lord Browne of Ladyton (Lab - Life peer) - 19 Jun 2025
Amendment 29

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was WITHDRAWN

Clause 13, page 7, line 7, at end insert “, without reasonable excuse”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 13, makes the lack of a reasonable excuse a component part of the offence of supplying articles for use in immigration crime, thus placing the burden of proof upon the prosecution.

Opposition Amendment 161E

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Clause 48, page 45, line 38, leave out from “(10)(b)” to end of line and insert “after “(5A)” insert “or (5B)””

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)
Opposition Amendment 131

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

Clause 41, page 36, line 8, leave out subsection (17)

Type: Opposition

Signatures: 2

Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Brinton (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)

Member's explanatory statement

This amendment removes the retrospective element of the changes made by this clause.

Amendment 162

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

After Clause 48, insert the following new Clause—
“Age and safeguarding assessments at the port of entry
(1) A person who claims to be a child must not be subject to a visual age assessment by Border Force officials solely for immigration control purposes.
(2) Any such assessment must be conducted as part of a safeguarding determination to identify potential risks and support needs.
(3) A visual age assessment at the port of entry must not result in the assignment of a specific chronological age to the individual.
(4) Border Force officials may only determine whether, in their view, the person is a child or an adult.
(5) Where there is doubt as to whether an individual is a child, the presumption must be that the individual is treated as a child unless and until a comprehensive age assessment is conducted by local authority social workers in accordance with Merton compliant age assessment procedures.
(6) The Secretary of State must publish guidance on the implementation of this section, including—
(a) the training and qualifications required for officials carrying out safeguarding assessments;
(b) mechanisms for independent oversight and review of age determination decisions;
(c) safeguards to ensure that no child is placed at risk as a result of incorrect age assessments at the port of entry.”

Type: Backbencher

Signatures: 4

Baroness Lister of Burtersett (Lab - Life peer) - 03 Jun 2025
Baroness Neuberger (XB - Life peer) - 03 Jun 2025
Lord Dubs (Lab - Life peer) - 03 Jun 2025
Baroness Brinton (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)

Member's explanatory statement

This amendment seeks to ensure that visual age assessments focus on safeguarding rather than immigration enforcement, removes the Home Office’s power to assign a specific age at the border, and to strengthen independent oversight and child protection safeguards.

Opposition Amendment 132

Tabled: 05 Jun 2025
HL Bill 101 Running list of amendments - 5 June 2025

This amendment was NOT MOVED

After Clause 41, insert the following new Clause—
“Time limit on immigration detention
(1) Subject to subsection (6), this section applies to any person (“P”) who is liable to detention under a relevant detention power.
(2) P may not be detained under a relevant detention power for a period of more than 28 days from the relevant time.
(3) If P remains detained under a relevant detention power at the expiry of the period of 28 days then—
(a) P shall be released forthwith, and
(b) P may not be detained under a relevant detention power thereafter, unless the Secretary of State or an immigration officer, as the case may be, is satisfied that there has been a material change of circumstances since P’s release and that the criteria in section [Initial detention: criteria and duration](1) are met.
(4) In this section, “relevant detention power” means a power to detain under—
(a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),
(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),
(c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal),
(d) section 36(1) of the UK Borders Act 2007 (detention pending deportation), or
(e) regulation 32(1) of the Immigration (European Economic Area) Regulations 2016 as it continues to have effect following its revocation (detention of person subject to removal).
(5) In this section, “relevant time” means the time at which the detention begins.
(6) This section does not apply to a person in respect of whom the Secretary of State has certified that the decision to detain is or was taken in the interests of national security.”

Type: Opposition

Signatures: 3

Lord German (LD - Life peer) - 05 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Lister of Burtersett (Lab - Life peer) - 05 Jun 2025
Lord Bishop of Chelmsford (Bshp - Bishops) - 05 Jun 2025

Member's explanatory statement

This amendment proposes a time limit of 28 days detention for persons detained for immigration purposes.

Opposition Amendment 30

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was WITHDRAWN

Clause 13, page 7, line 8, after “supply” insert “or has in their possession with intent to supply”

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Member's explanatory statement

This amendment would also include possession with intent to supply in the offence of supplying articles for use in immigration crime.

Opposition Amendment 133

Tabled: 05 Jun 2025
HL Bill 101 Running list of amendments - 5 June 2025

This amendment was NOT MOVED

After Clause 41, insert the following new Clause—
“Initial detention: criteria and duration
(1) A person (“P”) to whom section (Time limit on immigration detention) applies may not be detained under a relevant detention power other than for the purposes of examination, unless the Secretary of State or an immigration officer, as the case may be, reasonably believes that—
(a) P can be shortly removed from the United Kingdom,
(b) detention is strictly necessary to effect P’s deportation or removal from the United Kingdom, and
(c) the detention of P is in all the circumstances proportionate.
(2) P may not be detained under a relevant detention power for a period of more than 96 hours from the relevant time, unless—
(a) P has been refused bail at an initial bail hearing in accordance with subsection (5)(b) of section (Bail hearings), or
(b) the Secretary of State has arranged a reference to the Tribunal for consideration of whether to grant immigration bail to P in accordance with section (Bail hearings)(2)(c) and that hearing has not yet taken place.
(3) Nothing in subsection (1) authorises the Secretary of State to detain P under a relevant detention power if such detention would, apart from this section, be unlawful.
(4) In this section, “Tribunal” means the First-tier Tribunal.
(5) In this section, “relevant detention power” and “relevant time” have the meanings given in section (Time limit on immigration detention).”

Type: Opposition

Signatures: 3

Lord German (LD - Life peer) - 05 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Lister of Burtersett (Lab - Life peer) - 05 Jun 2025
Lord Bishop of Chelmsford (Bshp - Bishops) - 05 Jun 2025

Member's explanatory statement

This amendment is connected to Lord German’s new clause “Time limit on immigration detention”.

Amendment 163

Tabled: 05 Jun 2025
HL Bill 101 Running list of amendments - 5 June 2025

This amendment was NOT MOVED

After Clause 48, insert the following new Clause—
“Age assessments for individuals claiming asylum
(1) Age assessments for individuals claiming asylum must be conducted by a qualified local authority social worker.
(2) Age assessments for individuals claiming asylum must be carried out in accordance with the Association of Directors of Children’s Services age assessment guidance or equivalent guidance in the devolved jurisdictions.
(4) Age assessments for individuals claiming asylum must follow a process that ensures an impartial, multi-agency approach, drawing on a range of relevant expertise, including but not limited to professionals from healthcare, education, and child welfare, as necessary to ensure the child’s best interests. This must specifically include consultation with—
(a) Independent Child Trafficking Guardians (ICTGs), where appointed, and
(b) local authority-appointed advocates.
(5) Scientific methods for assessing age must not be used unless the Secretary of State obtains written approval from the relevant medical, dental, and scientific professional bodies confirming that the method is both ethical and has a high degree of accuracy in determining age.
(6) Any body established to oversee or conduct age assessments for individuals claiming asylum must be operationally independent of the Home Office.”

Type: Backbencher

Signatures: 7

Baroness Lister of Burtersett (Lab - Life peer) - 05 Jun 2025
Baroness Neuberger (XB - Life peer) - 05 Jun 2025
Lord Dubs (Lab - Life peer) - 05 Jun 2025
Baroness Brinton (LD - Life peer) - 05 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)

Lord German (LD - Life peer) - 01 Sep 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Hamwee (LD - Life peer) - 01 Sep 2025
Lord Alton of Liverpool (XB - Life peer) - 01 Sep 2025

Member's explanatory statement

This new Clause aims to ensure that age assessments for individuals claiming asylum are conducted fairly, accurately, and in the best interests of the child. It mandates that assessments be carried out by qualified local authority social workers following recognised guidance and using a multi-agency approach. It restricts the use of scientific methods unless proven ethical and highly accurate, requires consultation with key child welfare professionals, and ensures that any oversight body remains independent of the Home Office.

Amendment 31

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was WITHDRAWN

Clause 13, page 7, line 9, leave out “knows or suspects that” and insert “intends that, or is reckless as to whether,”

Type: Backbencher

Signatures: 1

Lord Alton of Liverpool (XB - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment gives effect to the JCHR’s recommendation that the mens rea threshold for clause 13 ought to be one of intention or recklessness.

Opposition Amendment 134

Tabled: 05 Jun 2025
HL Bill 101 Running list of amendments - 5 June 2025

This amendment was NOT MOVED

After Clause 41, insert the following new Clause—
“Bail hearings
(1) This section applies to any person (“P”) to whom section (Time limit on immigration detention) applies and who is detained under a relevant detention power.
(2) Before the expiry of a period of 96 hours from the relevant time, the Secretary of State must—
(a) release P,
(b) grant immigration bail to P under paragraph 1 of Schedule 10 to the Immigration Act 2016, or
(c) arrange a reference to the Tribunal for consideration of whether to grant immigration bail to P.
(3) Subject to subsection (4), when the Secretary of State arranges a reference to the Tribunal under subsection (2)(c), the Tribunal must hold an oral hearing (“an initial bail hearing”) which must commence within 24 hours of the time at which the reference is made.
(4) If the period of 24 hours in subsection (3) ends on a Saturday, Sunday or Bank holiday, the Tribunal must hold an initial bail hearing on the next working day.
(5) At the initial bail hearing, the Tribunal must—
(a) grant immigration bail to P under paragraph 1 of Schedule 10 to the Immigration Act 2016, or
(b) refuse to grant immigration bail to P.
(6) Subject to subsection (7), the Tribunal must grant immigration bail to P at a bail hearing unless it is satisfied that the Secretary of State has established that the criteria in section (Initial detention: criteria and duration)(1) are met and that, in addition—
(a) directions have been given for P’s removal from the United Kingdom and such removal is to take place within 21 days,
(b) a travel document is available for the purposes of P’s removal or deportation, and
(c) there are no outstanding legal barriers to removal.
(7) Subsection (6) does not apply if the Tribunal is satisfied that the Secretary of State has established that the criteria in section (Initial detention: criteria and duration)(1) are met and that there are very exceptional circumstances which justify maintaining detention.
(8) In subsection (6), “a bail hearing” means—
(a) an initial bail hearing under subsection (2), or
(b) the hearing of an application for immigration bail under paragraph 1(3) of Schedule 10 of the Immigration Act 2016 which takes place after the expiry of 96 hours from the relevant time.
(9) In this section, “Tribunal” means the First-tier Tribunal.
(10) The Secretary of State shall provide to P or to P’s legal representative, not more than 24 hours after the relevant time, copies of all documents in the Secretary of State’s possession which are relevant to the decision to detain.
(11) At the initial bail hearing, the Tribunal shall not consider any documents relied upon by the Secretary of State which were not provided to P or to P’s legal representative in accordance with subsection (10), unless—
(a) P consents to the documents being considered, or
(b) in the opinion of the Tribunal there is a good reason why the documents were not provided to P or to P’s legal representative in accordance with subsection (10).
(12) After sub-paragraph 12(4) of Schedule 10 to the Immigration Act 2016 insert—
(5)Sub-paragraph (2) above does not apply if the refusal of bail by the First tier Tribunal took place at an initial bail hearing within the meaning of section (Bail hearings) of the Border Security, Asylum and Immigration Act 2025.””

Type: Opposition

Signatures: 3

Lord German (LD - Life peer) - 05 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Lister of Burtersett (Lab - Life peer) - 05 Jun 2025
Lord Bishop of Chelmsford (Bshp - Bishops) - 05 Jun 2025

Member's explanatory statement

This amendment is connected to Lord German’s new clause “Time limit on immigration detention”.

Opposition Amendment 164

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

After Clause 48, insert the following Clause—
“Additional safe and legal routes
The Secretary of State must, within six months of the passage of this Act, make regulations to—
(a) provide an increased multi annual quota for the safe and legal route provided by the UK Resettlement Scheme through which refugees and other individuals requiring international protection can enter the UK lawfully, and
(b) specify additional safe and legal routes under the UK Resettlement Scheme through which refugees and other individuals requiring international protection can enter the UK lawfully.”

Type: Opposition

Signatures: 3

Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Lord Alton of Liverpool (XB - Life peer) - 03 Jun 2025

Member's explanatory statement

This new clause would require the Secretary of State to make regulations specifying additional safe and legal routes under the UK Settlement Scheme, under which refugees and others in need of international protection can come to the UK lawfully from abroad.

Amendment 32

Tabled: 20 Jun 2025
HL Bill 101 Running list of amendments – 20 June 2025

This amendment was NOT MOVED

Clause 13, page 7, line 9, leave out “or” and insert “, believes, or in the case of supply,”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 20 Jun 2025

Member's explanatory statement

This amendment is intended to probe the level of the mens rea test for this offence.

Opposition Amendment 135

Tabled: 05 Jun 2025
HL Bill 101 Running list of amendments - 5 June 2025

This amendment was NOT MOVED

After Clause 41, insert the following new Clause—
“Detention time limit: consequential amendments
(1) After paragraph (3)(d) of paragraph 17A of Schedule 2 to the Immigration Act 1971 insert—
“(e) sections (Time limit on immigration detention), (Initial detention: criteria and duration) and (Bail hearings) of the Border Security, Asylum and Immigration Act 2025 (time limit on immigration detention etc).”
(2) After sub-paragraph (5) of that paragraph insert—
“(5A) But sub-paragraph (5) is subject to sections (Time limit on immigration detention), (Initial detention: criteria and duration) and (Bail hearings) of the Border Security, Asylum and Immigration Act 2025 (time limit on immigration detention etc).”
(3) For sub-paragraph (3C) of paragraph 2 of Schedule 3 to that Act substitute—
“(3C) Sub-paragraphs (3A) and (3B) are subject to—
(a) sub-paragraph (4ZA) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women), and
(b) sections (Time limit on immigration detention), (Initial detention: criteria and duration) and(Bail hearings) of the Border Security, Asylum and Immigration Act 2025 (time limit on immigration detention etc).”
(4) After sub-paragraph (3E) of that paragraph insert—
“(3F) But sub-paragraph (3E) is subject to sections (Time limit on immigration detention), (Initial detention: criteria and duration) and (Bail hearings) of the Border Security, Asylum and Immigration Act 2025 (time limit on immigration detention etc).”
(5) After paragraph (2P)(c) of section 62 of the Nationality, Immigration and Asylum Act 2002 insert—
“(d) sections (Time limit on immigration detention), (Initial detention: criteria and duration) and (Bail hearings) of the Border Security, Asylum and Immigration Act 2025 (time limit on immigration detention etc).”
(6) After subsection (2R) of that section insert—
“(2S) But subsection (2R) is subject to sections (Time limit on immigration detention), (Initial detention: criteria and duration) and (Bail hearings) of the Border Security, Asylum and Immigration Act 2025 (time limit on immigration detention etc).”
(7) For subsection (1C) of section 36 of the UK Borders Act 2007 substitute—
“(1C) Subsections (1A) and (1B) are subject to-
(a) sub-paragraph (2A) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women), and
(b) sections (Time limit on immigration detention), (Initial detention: criteria and duration) of the Border Security, Asylum and Immigration Act 2025 (time limit on immigration detention etc).”
(8) After subsection (1E) of that section insert—
“(1F) But subsection (1E) is subject to sections (Time limit on immigration detention), (Initial detention: criteria and duration) and (Bail hearings) of the Border Security, Asylum and Immigration Act 2025 (time limit on immigration detention etc).”
(9) After paragraph (5) of regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), as it continues to have effect following its revocation, insert—
“(5A) Regulations (2) to (5) are subject to sections (Time limit on immigration detention), (Initial detention: criteria and duration) and (Bail hearings) of the Border Security, Asylum and Immigration Act 2025 (time limit on immigration detention etc).””

Type: Opposition

Signatures: 3

Lord German (LD - Life peer) - 05 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Lister of Burtersett (Lab - Life peer) - 05 Jun 2025
Lord Bishop of Chelmsford (Bshp - Bishops) - 05 Jun 2025

Member's explanatory statement

This amendment is consequential on Lord German’s new clause “Time limit on immigration detention”

Amendment 165

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert 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,
(b) is under the age of 18,
(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,
(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,
(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: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

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.

Amendment 33

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was WITHDRAWN

Clause 13, page 7, line 12, at end insert “, and
(c) P derives a financial or material benefit, directly or indirectly, from the supply or offer to supply a relevant article.”

Type: Backbencher

Signatures: 1

Lord Alton of Liverpool (XB - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment gives effect to the JCHR’s recommendation that the scope of the offence in clause 13 should only apply to persons involved in the smuggling of persons for direct or indirect financial or material gain.

Amendment 34

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 13, page 7, line 13, leave out subsection (2)

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 13, makes the lack of a reasonable excuse a component part of the offence of supplying articles for use in immigration crime, thus placing the burden of proof upon the prosecution.

Amendment 166

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert 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: Backbencher

Signatures: 3

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Jones of Moulsecoomb (Green - Life peer) - 03 Jun 2025

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 167

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

In subsection (1), leave out “must” and insert “may”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer) - 24 Jun 2025
Amendment 35

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 13, page 7, line 15, at end insert—
“(2A) For the purpose of subsection (2), a defence of reasonable excuse must be interpreted in accordance with Article 31 of the UN Convention Relating to the Status of Refugees 1951, Article 5 of the Protocol against Smuggling of Migrants by Land, Sea and Air 2000, and section 26 of the Council of Europe Convention on Action against Trafficking in Human Beings 2005.”

Type: Backbencher

Signatures: 2

Lord Alton of Liverpool (XB - Life peer) - 24 Jun 2025
Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment gives effect to the JCHR recommendation that the defence of reasonable excuse in clause 13 must be interpreted compatibly with the UK’s international legal obligations not to penalise refugees, smuggled persons, and victims of trafficking, in certain circumstances.

Amendment 36

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 13, page 7, line 17, leave out “(2)” and insert “(1)”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 13, makes the lack of a reasonable excuse a component part of the offence of supplying articles for use in immigration crime, thus placing the burden of proof upon the prosecution.

Amendment 168

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

After subsection (3), insert—
“(3A) But rules issued under subsections (1) and (3) may not grant family reunion status or grant leave to enter and remain to any person who—
(a) has previously been removed from the United Kingdom,
(b) would be considered a foreign criminal under section 32 of the UK Borders Act 2007 (automatic deportation), or
(c) has committed an offence under section 24 (illegal entry and similar offences), 24A (deception) or 24B (illegal working) of the Immigration Act 1971.”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer) - 24 Jun 2025
Amendment 169

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

In subsection (5)(b), leave out “, civil partner or unmarried partner” and insert “or civil partner”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer) - 24 Jun 2025
Amendment 37

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 13, page 7, line 23, leave out “is regarded as having shown that they had” and insert “has”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 13, makes the lack of a reasonable excuse a component part of the offence of supplying articles for use in immigration crime, thus placing the burden of proof upon the prosecution.

Amendment 38

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 14, page 8, line 2, after “if” insert “P derives a financial or material benefit, directly or indirectly from the handling of a relevant article, and”

Type: Backbencher

Signatures: 1

Lord Alton of Liverpool (XB - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment gives effect to the JCHR’s recommendation that the scope of the offence in clause 14 should only apply to persons involved in the smuggling of persons for direct or indirect financial or material gain.

Amendment 170

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

In subsection (5), leave out paragraphs (d) and (e)

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer) - 24 Jun 2025
Amendment 171

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

After subsection (5)(e)(iv), insert—
“(iva) the importance of maintaining a secure border,”

Type: Backbencher

Signatures: 3

Lord Jackson of Peterborough (Con - Life peer) - 24 Jun 2025
Baroness Hamwee (LD - Life peer) - 04 Jul 2025
Lord German (LD - Life peer) - 04 Jul 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)
Opposition Amendment 39

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 14, page 8, line 4, at end insert—
“(aa) P arranges for another person to receive a relevant article from a third person,”

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Member's explanatory statement

This amendment would expand the offence to cover a situation where a person arranges for two other people to receive or exchange relevant articles.

Amendment 172

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert 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 they consider 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;
(h) the government of a country or territory outside the United Kingdom.””

Type: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

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.

Amendment 40

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 14, page 8, line 7, at end insert—
“without a reasonable excuse.”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 14, makes the lack of a reasonable excuse a component part of the offence of handling articles for use in immigration crime, thus placing the burden of proof upon the prosecution.

Amendment 41

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 14, page 8, line 9, leave out “knows or suspects that” and insert “intends that, or is reckless as to whether,”

Type: Backbencher

Signatures: 1

Lord Alton of Liverpool (XB - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment gives effect to the JCHR’s recommendation that the mens rea threshold for clause 14 ought to be one of intention or recklessness.

Opposition Amendment 173

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert 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—
“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);
“entry clearance” has the same meaning as in section 33(1) of the Immigration Act 1971;
“persecution” is defined in accordance with the Refugee Convention;
“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—
(a) 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”),
(b) in relation to persons entitled to a grant of humanitarian protection, or
(c) 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”);
“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: 2

Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Hamwee (LD - Life peer) - 03 Jun 2025

Member's explanatory statement

This new clause would create a new “humanitarian travel permit”.

Amendment 42

Tabled: 20 Jun 2025
HL Bill 101 Running list of amendments – 20 June 2025

This amendment was NOT MOVED

Clause 14, page 8, line 9, leave out “suspects” and inserts “believes”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 20 Jun 2025

Member's explanatory statement

This amendment is intended to probe the level of the mens rea test for this offence.

Amendment 174

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

In subsection (3), leave out paragraphs (c) and (d)

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer) - 24 Jun 2025
Amendment 43

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 14, page 8, line 12, leave out subsection (3)

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 14, makes the lack of a reasonable excuse a component part of the offence of handling articles for use in immigration crime, thus placing the burden of proof upon the prosecution.

Opposition Amendment 175

Tabled: 13 Jun 2025
HL Bill 101 Running list of amendments - 13 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following Clause—
“Report on impact of carers’ minimum wage on net migration
The Secretary of State must, within 12 months of the day on which this Act is passed, lay before Parliament a report on the impact of introducing a minimum wage for carers on levels of net migration.”

Type: Opposition

Signatures: 2

Baroness Brinton (LD - Life peer) - 13 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)

Lord German (LD - Life peer) - 13 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

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 176

Tabled: 13 Jun 2025
HL Bill 101 Running list of amendments - 13 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following Clause—
“Exemption of NHS workers from immigration skills charge
The Secretary of State must, within six months of the day on which this Act is passed, amend the Immigration Skills Charge Regulations 2017 (S.I. 2017/499) to exempt National Health Service workers from the immigration skills charge for sponsoring a Skilled Worker or a Senior or Specialist worker.”

Type: Opposition

Signatures: 6

Baroness Brinton (LD - Life peer) - 13 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)

Lord German (LD - Life peer) - 13 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Lord Dubs (Lab - Life peer) - 09 Jul 2025
Lord Kerr of Kinlochard (XB - Life peer) - 09 Jul 2025
Lord Bishop of Chelmsford (Bshp - Bishops) - 09 Jul 2025
Baroness Hamwee (LD - Life peer) - 09 Jul 2025

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.

Amendment 44

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 14, page 8, line 14, at end insert—
“(3A) For the purpose of subsection (3), a defence of reasonable excuse must be interpreted compatibly with Article 31 of the UN Convention Relating to the Status of Refugees 1951, Article 5 of the Protocol against Smuggling of Migrants by Land, Sea and Air 2000, and section 26 of the Council of Europe Convention on Action against Trafficking in Human Beings 2005.”

Type: Backbencher

Signatures: 2

Lord Alton of Liverpool (XB - Life peer) - 24 Jun 2025
Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment gives effect to the JCHR recommendation that the defence of reasonable excuse in clause 14 must be interpreted compatibly with the UK’s international legal obligations not to penalise refugees, smuggled persons, and victims of trafficking, in certain circumstances.

Amendment 45

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 14, page 8, line 16, leave out “(3)” and insert “(1)”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 14, makes the lack of a reasonable excuse a component part of the offence of handling articles for use in immigration crime, thus placing the burden of proof upon the prosecution.

Amendment 177

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Family reunion for asylum seeking children outside the United Kingdom
(1) The Secretary of State must, within six months of the day on which this Act is passed, lay before both Houses of Parliament a statement of changes to the immigration rules under section 3(2) of the Immigration Act 1971 to make provision for entry clearance or leave to remain for asylum seeking children outside the United Kingdom of persons granted protection status in the United Kingdom, for the purpose of family reunion.
(2) In this section—
“Asylum seeking children” means children outside the United Kingdom who are—
(a) under the age of 18, and
(b) the sibling, half-sibling, niece, nephew, grandchild, or stepchild of the person granted protection status.
“Protection status” means a person granted—
(a) refugee leave,
(b) refugee permission to stay,
(c) humanitarian protection,
(d) temporary refugee permission,
(e) temporary humanitarian permission to stay,
(f) Section 67 leave, or
(g) Calais leave.
(3) The immigration rules made under subsection (1) must provide that an application under those rules:
(a) must not be refused solely on the basis of maintenance and accommodation requirements,
(b) must not be subject to any application fee, and
(c) must not be subject to the immigration health surcharge under section 38 of the Immigration Act 2014.
(4) A person granted leave to enter or remain under the immigration rules made pursuant to this section must not be subject to a “no recourse to public funds” condition.
(5) In determining an application under this section, the Secretary of State must have regard to—
(a) the best interests of the child as a primary consideration, interpreted in accordance with Article 3 of the United Nations Convention on the Rights of the Child,
(b) the importance of maintaining family unity,
(c) any emotional, psychological, physical, or financial dependency between the child and the person granted protection status, and
(d) any risks to the child’s safety and well-being if the application is refused.
(6) The Secretary of State must take reasonable steps to facilitate the safe and lawful travel of a child granted entry under this section, including through cooperation with relevant authorities and agencies in the country in which the child resides.”

Type: Backbencher

Signatures: 4

Lord Dubs (Lab - Life peer) - 03 Jun 2025
Lord Kerr of Kinlochard (XB - Life peer) - 03 Jun 2025
Lord Bishop of Chelmsford (Bshp - Bishops) - 03 Jun 2025
Baroness Hamwee (LD - Life peer) - 03 Jun 2025

Member's explanatory statement

This amendment seeks to ensure that children outside the United Kingdom can be reunited with close family members who have been granted protection status in the UK, where it is in the child’s best interests. The new Clause removes existing financial barriers to reunion.

Amendment 178

Tabled: 10 Jun 2025
HL Bill 101 Running list of amendments - 10 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Refugee family reunion for children
(1) This section applies to a person who—
(a) has been granted refugee status or humanitarian protection in the United Kingdom, and
(b) was under the age of 18 at the time of their asylum application.
(2) A person to whom this section applies shall have the same right to sponsor family members for entry to the United Kingdom under refugee family reunion provisions as an adult refugee.
(3) For the purposes of subsection (2), the following family members shall be eligible for family reunion—
(a) the person's parents or legal guardians,
(b) the person's siblings under the age of 18, and
(c) any other family member where there are exceptional circumstances, including dependency or humanitarian need.
(4) An application under this section shall be considered in accordance with the same criteria and procedures applicable to adult refugees applying for family reunion.
(5) The Secretary of State shall issue guidance to ensure that applications under this provision are processed in a timely and child-sensitive manner, prioritising the best interests of the child.”

Type: Backbencher

Signatures: 4

Baroness Hamwee (LD - Life peer) - 10 Jun 2025
Lord German (LD - Life peer) - 10 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Lord Bishop of Sheffield (Bshp - Bishops) - 10 Jun 2025
Baroness Bennett of Manor Castle (Green - Life peer) - 10 Jun 2025

Member's explanatory statement

This clause removes the current barrier preventing child refugees from sponsoring family members and ensures they have the same family reunion rights as adult refugees.

Opposition Amendment 46

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

Clause 14, page 8, line 21, at end insert—
“(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

Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Hamwee (LD - Life peer) - 03 Jun 2025

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.

Amendment 47

Tabled: 12 Jun 2025
HL Bill 101 Running list of amendments - 12 June 2025

This amendment was WITHDRAWN

Clause 14, page 8, line 21, at end insert—
“(c) they were acting under the duress of slavery.”

Type: Backbencher

Signatures: 4

Baroness May of Maidenhead (Con - Life peer) - 12 Jun 2025
Lord Randall of Uxbridge (Con - Life peer) - 12 Jun 2025
Baroness Butler-Sloss (XB - Life peer) - 12 Jun 2025
Lord Alton of Liverpool (XB - Life peer) - 12 Jun 2025

Member's explanatory statement

The amendment seeks to make provision that under the duress of slavery a person has a reasonable excuse for the purposes of subsection 3 in carrying an article.

Amendment 179

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

In subsection (3), leave out paragraph (c)

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer) - 24 Jun 2025
Amendment 48

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 14, page 8, line 22, leave out “is regarded as having shown that they had” and insert “has”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 14, makes the lack of a reasonable excuse a component part of the offence of handling articles for use in immigration crime, thus placing the burden of proof upon the prosecution.

Opposition Amendment 180

Tabled: 10 Jun 2025
HL Bill 101 Running list of amendments - 10 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Mandatory referral for age assessment in criminal proceedings
Where an individual who claims to be under 18 years of age is charged with an offence of illegal entry or facilitating illegal entry under immigration law, the Home Office must—
(a) make an immediate mandatory referral to the relevant local authority for a comprehensive Merton-compliant age assessment, and
(b) ensure that no prosecution proceeds until an assessment has been completed and the individual’s age is confirmed.”

Type: Opposition

Signatures: 3

Baroness Brinton (LD - Life peer) - 10 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)

Lord Bishop of Sheffield (Bshp - Bishops) - 10 Jun 2025
Baroness Morris of Yardley (Lab - Life peer) - 04 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that individuals who may be children are required to have a comprehensive age assessment before any criminal proceedings for immigration offences can proceed, ensuring they are properly assessed and safeguarded in line with child protection principles.

Amendment 181

Tabled: 10 Jun 2025
HL Bill 101 Running list of amendments - 10 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Translation and interpreting services
Immigrants and asylum seekers shall have the right, when needed, to professional, qualified translators and interpreters in relation to all oral and written communications concerning—
(a) deportation,
(b) detention,
(c) control,
(d) biometric data,
(e) residency schemes and rules,
(f) monitoring devices,
(g) appeals,
(h) accommodation, and
(i) any other procedure mentioned in Part 2.”

Type: Backbencher

Signatures: 3

Baroness Coussins (XB - Life peer) - 10 Jun 2025
Baroness Morris of Yardley (Lab - Life peer) - 10 Jun 2025
Lord Sherbourne of Didsbury (Con - Life peer) - 10 Jun 2025
Amendment 49

Tabled: 12 Jun 2025
HL Bill 101 Running list of amendments - 12 June 2025

This amendment was NOT MOVED

Clause 14, page 8, line 28, at end insert—
“(7) Where a relevant article is recovered in the course of investigating an offence under this section, the relevant article and the information contained in it must be protected so it can be relied upon as part of any National Referral Mechanism determination.”

Type: Backbencher

Signatures: 4

Baroness May of Maidenhead (Con - Life peer) - 12 Jun 2025
Lord Randall of Uxbridge (Con - Life peer) - 12 Jun 2025
Baroness Butler-Sloss (XB - Life peer) - 12 Jun 2025
Lord Alton of Liverpool (XB - Life peer) - 12 Jun 2025

Member's explanatory statement

The amendment seeks to make provisions to protect the belongings of people who have had them confiscated, especially for potential victims of modern slavery who often vitally rely upon their belongings and the information stored on articles as evidence during the determination of their status as a victim.

Amendment 182

Tabled: 11 Jun 2025
HL Bill 101 Running list of amendments - 11 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Victims of slavery or human trafficking: leave to remain
(1) Where a decision has been made by a competent authority that a person is a victim of slavery or human trafficking (a “positive conclusive grounds decision”), that person must be granted—
(a) leave to remain lasting for a period of at least 60 months, and
(b) access to support services and employment.
(2) A person granted leave as a victim of trafficking and modern slavery will be eligible for settlement after 5 years.”

Type: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 11 Jun 2025
Baroness Jones of Moulsecoomb (Green - Life peer) - 11 Jun 2025

Member's explanatory statement

This amendment ensures that recognised victims of trafficking (those who have received a positive conclusive grounds decisions) will be able to access meaningful long-term support and recovery.

Amendment 50

Tabled: 19 Jun 2025
HL Bill 101 Running list of amendments – 19 June 2025

This amendment was NOT MOVED

Clause 14, page 8, line 28, at end insert—
“(7) Any offence committed under this section shall not be regarded as a “particularly serious crime” for the purposes of Article 33(2) of the United Nations Convention relating to the Status of Refugees 1951.”

Type: Backbencher

Signatures: 2

Lord Browne of Ladyton (Lab - Life peer) - 19 Jun 2025
Lord Dubs (Lab - Life peer) - 19 Jun 2025
Amendment 51

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 15, page 9, line 2, at end insert—
“(i) a telephonic device, or
(j) means for charging a telephonic device.”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment adds to the list of articles that are not 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.

Amendment 183

Tabled: 13 Jun 2025
HL Bill 101 Running list of amendments - 13 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Modern slavery protections
(1) Section 29 of the Illegal Migration Act 2023 (Disapplication of modern slavery provisions) is amended as follows.
(2) In subsection (4)(a), after “offence” in inserted sub-paragraph (ii), insert—
“(iia) that offence was not committed under the duress of slavery,””

Type: Backbencher

Signatures: 4

Baroness May of Maidenhead (Con - Life peer) - 13 Jun 2025
Lord Randall of Uxbridge (Con - Life peer) - 13 Jun 2025
Baroness Chakrabarti (Lab - Life peer) - 13 Jun 2025
Baroness Butler-Sloss (XB - Life peer) - 13 Jun 2025

Member's explanatory statement

This amendment seeks to ensure that individuals who have committed an offence under duress of their slavery are not automatically disqualified from protections or considerations provided under the Bill. The amendment aims to introduce a safeguard that recognises the unique circumstances of those acting under coercion or threat, ensuring fairness and compliance with principles of justice.

Amendment 184

Tabled: 12 Jun 2025
HL Bill 101 Running list of amendments - 12 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Primacy of the Refugee Convention
(1) The Asylum and Immigration Appeals Act 1993 is amended as follows.
(2) For section 2 (Primacy of Convention) substitute—
“2 Primacy of Convention
(1) So far as it is possible to do so, primary legislation, subordinate legislation, immigration rules within the meaning of the 1971 Act, and guidance issued by the Secretary of State must be read and given effect in a way which is compatible with the Convention.
(2) This section—
(a) applies to primary legislation and subordinate legislation whenever enacted, immigration rules whenever laid, and guidance whenever issued,
(b) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation, and
(c) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility.”
(3) After section 2 insert—
“2A Declaration of Incompatibility
(1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with the Convention.
(2) If the court is satisfied that the provision is incompatible, it may make a declaration of that incompatibility.
(3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with the Convention.
(4) If the court is satisfied—
(a) that the provision is incompatible with the Convention, and
(b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility,
it may make a declaration of that incompatibility.
(5) In this section “court” means—
(a) the Supreme Court,
(b) in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session, or
(c) in England and Wales or Northern Ireland, the High Court or the Court of Appeal.
(6) A declaration under this section (“a declaration of incompatibility”)—
(a) does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given;
(b) is not binding on the parties to the proceedings in which it is made.””

Type: Backbencher

Signatures: 3

Baroness Chakrabarti (Lab - Life peer) - 12 Jun 2025
Lord Bishop of Chelmsford (Bshp - Bishops) - 12 Jun 2025
Baroness Jones of Moulsecoomb (Green - Life peer) - 12 Jun 2025

Member's explanatory statement

These two new clauses follow the model of the Human Rights Act in attempting to ensure harmony between international convention and domestic law. Primary and secondary legislation, immigration rules, and guidance are to be interpreted in compliance with the Refugee Convention so far as possible. Where it is not possible to interpret primary legislation in compliance, the higher courts may make a declaration to that effect.

Amendment 51A

Tabled: 03 Jul 2025
HL Bill 101-I(d) Amendments for Committee (Supplementary to the Marshalled List)

This amendment was NOT MOVED

Clause 15, page 9, line 2, at end insert—
“(i) hygiene products.”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment is intended to give effect to a recommendation from the JCHR that the list of exempted articles should be extended to include items such as hygiene kits.

Amendment 51B

Tabled: 03 Jul 2025
HL Bill 101-I(d) Amendments for Committee (Supplementary to the Marshalled List)

This amendment was NOT MOVED

Clause 15, page 9, line 5, after “State” insert “must consult organisations which aim without charge to assist asylum seekers as to recommendations of items to be added to the list in subsection (1) and”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 03 Jul 2025

Member's explanatory statement

This amendment requires the Secretary of State to consult with organisations aiming to assist asylum seekers when adding items to the list of relevant articles

Amendment 185

Tabled: 12 Jun 2025
HL Bill 101 Running list of amendments - 12 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Amendment of section 31 of the Immigration and Asylum Act 1999
(1) Section 31 of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention) is amended as follows.
(2) For subsection (1) substitute—
“No one shall be found guilty of a criminal offence in contravention of Article 31 of the Refugee Convention.”
(3) Omit subsections (2) to (11).”

Type: Backbencher

Signatures: 3

Baroness Chakrabarti (Lab - Life peer) - 12 Jun 2025
Lord Bishop of Chelmsford (Bshp - Bishops) - 12 Jun 2025
Baroness Jones of Moulsecoomb (Green - Life peer) - 12 Jun 2025

Member's explanatory statement

This amendment seeks to alter the defence for refugees to ensure compliance with Article 31 of the Refugee Convention which prevents penalisation for irregular entry.

Amendment 186

Tabled: 13 Jun 2025
HL Bill 101 Running list of amendments - 13 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following Clause—
“Good character requirement for citizenship
(1) Part 5 of the British Nationality Act 1981 is amended as follows.
(2) After section 41A, insert—
“41B Good character requirement
(1) The good character requirement must not be applied in a manner contrary to the United Kingdom’s obligations under international law relating to immigration and asylum.
(2) When considering whether a person (P) meets the good character requirement, the Secretary of State may not take into account P’s illegal entry to or arrival in the United Kingdom—
(a) if P was under the age of 18 at the time of such entry or arrival, and
(b) except to the extent specified in guidance on the good character requirement published at the time of such entry or arrival.
(3) 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.””

Type: Backbencher

Signatures: 4

Lord Bishop of Chelmsford (Bshp - Bishops) - 13 Jun 2025
Baroness Lister of Burtersett (Lab - Life peer) - 13 Jun 2025
Lord German (LD - Life peer) - 13 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Lord Kerr of Kinlochard (XB - Life peer) - 13 Jun 2025

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 an assessment of good character may not take into account a person’s irregular entry or arrival to the UK if they were a child, and it may only be taken into account to the extent specified in guidance published at the time of an adult’s irregular entry or arrival.

Amendment 52

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 16, page 9, line 20, at end insert—
“without a reasonable excuse.”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 16, makes the lack of a reasonable excuse a component part of the offence of collecting information for use in immigration crime, thus placing the burden of proof upon the prosecution.

Amendment 187

Tabled: 13 Jun 2025
HL Bill 101 Running list of amendments - 13 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Duty to have due regard to family unity
(1) A relevant authority must, in the exercise of relevant functions, have due regard to the need to promote the unity of the family.
(2) Without prejudice to the generality of subsection (1), a relevant authority must, in the discharge of its duty under that subsection, have due regard to—
(a) the public interest in children being properly brought up,
(b) the right of children to be cared for by their parents unless this would be contrary to the child’s welfare,
(c) the right of children to have direct contact, in person, with members of their families, unless this would be contrary to the child’s welfare, and
(d) the principle that maintaining contact with family members by electronic means of communication is not an adequate substitute for direct contact in person.
(3) This section is subject to section 55 of the Borders, Citizenship and Immigration Act 2009; and nothing in this section requires or authorises a relevant authority to do anything which is contrary to the welfare of any child (whether that child is in the United Kingdom or not).
(4) Nothing in this section—
(a) requires or authorises the Secretary of State or an immigration officer to refuse to grant a person leave to enter or remain in the United Kingdom where they would, apart from this section, have granted such leave, or
(b) requires or authorises the First-tier or Upper Tribunal to find that a ground of appeal under section 84(1)(c) or (2) of the Nationality, Immigration and Asylum Act 2002 is not made out when it would not, apart from this section, have so found.
(5) In this section—
“child” means a person under the age of 18, and “children” shall be construed accordingly;
“relevant authority” means—
(a) the Secretary of State,
(b) the First-tier Tribunal, and
(c) the Upper Tribunal;
“relevant functions” means—
(a) any function of the Secretary of State in relation to immigration or asylum;
(b) any function conferred by or by virtue of the Immigration Acts on an immigration officer in relation to immigration or asylum;
(c) any function of the First-tier or Upper Tribunal in connection with the determination of any ground of appeal under section 84(1)(c) or (2) of the Nationality, Immigration and Asylum Act 2002.”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer) - 13 Jun 2025

Member's explanatory statement

This Clause imposes a duty to have due regard to the unity of the family in the exercise of immigration and asylum functions. It applies to the Secretary of State and immigration officers in exercising immigration and asylum functions, and to the First-tier and Upper Tribunals in deciding human rights appeals.

Amendment 53

Tabled: 20 Jun 2025
HL Bill 101 Running list of amendments – 20 June 2025

This amendment was NOT MOVED

Clause 16, page 9, line 21, leave out “suspicion” and inserts “belief”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 20 Jun 2025

Member's explanatory statement

This amendment is intended to probe the level of the mens rea test for this offence.

Opposition Amendment 188

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Exemption from UK GDPR: illegal migration and foreign criminals
(1) The Data Protection Act 2018 is amended as follows.
(2) In subsection (2)(a) 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 Schedule 2 (exemptions etc from the UK GDPR)—
(a) in paragraph 4A, omit sub-paragraphs (3)(b) and (3)(c)(i),
(b) after paragraph 5 insert—
“5A (1)The data protection legislation does not apply to personal data processed by a person fulfilling a function in sub-paragraph (2) if the data subject entered the United Kingdom illegally or is a foreign criminal.
(2)The functions mentioned in sub-paragraph (1) are—
(a)preventing and deterring illegal entry into the United Kingdom;
(b)preventing the commission of an offence under—
(i)sections 24 and 24A of the Immigration Act 1971, and
(ii)sections 13, 14, 16, 18 and 49 of the Border Security, Asylum and Immigration Act 2025.
(3)In this paragraph a data subject entered the United Kingdom illegally if the data subject entered or arrived in the United Kingdom in the manner mentioned in section 19(3) of the Border Security, Asylum and Immigration Act 2025.
(4)For the purposes of this paragraph—
“foreign criminal” has the same meaning as in section 32 of the UK Borders Act 2007;
“illegal entry” is to be construed in accordance with sub-paragraph (3).””

Type: Opposition

Signatures: 3

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Baroness Fox of Buckley (Non-affiliated - Life peer) - 18 Jun 2025
Amendment 54

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 16, page 9, line 37, leave out subsections (6) and (7)

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 16, makes the lack of a reasonable excuse a component part of the offence of collecting information for use in immigration crime, thus placing the burden of proof upon the prosecution.

Opposition Amendment 189

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Disapplication of the Human Rights Act 1998 for immigration legislation
(1) For the purposes of any provision made by virtue of this Act or the relevant immigration legislation, and for any decision, action or policy made under this Act or the relevant immigration legislation, the Human Rights Act 1998 does not apply.
(2) Where a court or tribunal is considering any decision under the relevant immigration legislation, the court or tribunal must disregard the Human Rights Act 1998.
(3) For the purposes of this section “the relevant immigration legislation” means—
(a) the Immigration Acts as defined by section 61(2) of the UK Borders Act 2007, and
(b) the Immigration Rules made under section 3(2) of the Immigration Act 1971.
(4) In the Human Rights Act 1998—
(a) in section 3, after subsection (2), insert—
“(3) This section does not apply to any provision made by or by virtue of the relevant immigration legislation as defined by section (Disapplication of the Human Rights Act 1998 for immigration legislation) of the Border Security, Asylum and Immigration Act 2025.”
(b) in section 6—
(i) in subsection (2)(a) omit the last “or”
(ii) after subsection (2)(b) insert—
“(c) the authority was exercising powers or fulfilling functions conferred on the authority by the relevant immigration legislation as defined by section (Disapplication of the Human Rights Act 1998 for Immigration Legislation) of the Border Security, Asylum and Immigration Act 2025.”
(5) In the Immigration Act 1971—
(a) in section 8AA—
(i) in subsection (2), omit “Subject to subsections (3) to (5)”,
(ii) in subsection (2)(a)(i) omit “, or”;
(iii) omit subsection (2)(a)(ii), and
(iv) omit subsections (3) to (6), and
(b) in section 8B, omit subsection (5A).
(6) In the Asylum and Immigration Appeals Act 1993, omit section 2.
(7) 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”.
(8) In the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 in section 2 (offences relating to entering the United Kingdom without a passport), in subsection (12) for the definition of “leave or asylum interview” substitute—
“leave interview” means an interview with an immigration officer or an official of the Secretary of State at which a person seeks leave to enter or remain in the United Kingdom.
(9) 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: 3

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Baroness Fox of Buckley (Non-affiliated - Life peer) - 18 Jun 2025
Opposition Amendment 55

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was NOT MOVED

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

Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Hamwee (LD - Life peer) - 03 Jun 2025

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.

Amendment 56

Tabled: 19 Jun 2025
HL Bill 101 Running list of amendments – 19 June 2025

This amendment was NOT MOVED

Clause 16, page 9, line 39, at end insert “or a close member of their family travelling with them on that journey.”

Type: Backbencher

Signatures: 3

Lord Browne of Ladyton (Lab - Life peer) - 19 Jun 2025
Baroness Hamwee (LD - Life peer) - 19 Jun 2025
Lord Dubs (Lab - Life peer) - 19 Jun 2025
Amendment 189A

Tabled: 25 Jun 2025
HL Bill 101-I(a) Amendments for Committee (Supplementary to the Marshalled List)

NO DECISION has been made on this amendment

After subsection (4)(a), insert—
“(aa) in section 4, after subsection (6), insert—
“(7) This section does not apply to any provision made by or by virtue of the relevant immigration legislation as defined by section (Disapplication of the Human Rights Act 1998 for immigration legislation) of the Border Security, Asylum and Immigration Act 2025.”

Type: Backbencher

Signatures: 1

Lord Murray of Blidworth (Con - Life peer) - 25 Jun 2025
Amendment 189B

Tabled: 25 Jun 2025
HL Bill 101-I(a) Amendments for Committee (Supplementary to the Marshalled List)

NO DECISION has been made on this amendment

After subsection (4)(b), insert—
“(c) in section 10, after subsection (6), insert—
“(6A) This section does not apply to any provision made by or by virtue of the relevant immigration legislation as defined by section (Disapplication of the Human Rights Act 1998 for immigration legislation) of the Border Security, Asylum and Immigration Act 2025.”

Type: Backbencher

Signatures: 1

Lord Murray of Blidworth (Con - Life peer) - 25 Jun 2025
Amendment 57

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 16, page 10, line 3, at end insert—
“(7A) For the purpose of subsection (7), a defence of reasonable excuse must be interpreted compatibly with Article 31 of the UN Convention Relating to the Status of Refugees 1951, Article 5 of the Protocol against the Smuggling of Migrants by Land, Sea and Air 2000, and section 26 of the Council of Europe Convention on Action against Trafficking in Human Beings 2005.”

Type: Backbencher

Signatures: 2

Lord Alton of Liverpool (XB - Life peer) - 24 Jun 2025
Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment gives effect to the JCHR recommendation that the defence of reasonable excuse in Clause 16 must be interpreted compatibly with the UK’s international legal obligations not to penalise refugees, smuggled persons, and victims of trafficking, in certain circumstances.

Amendment 58

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 16, page 10, line 5, leave out “(7)” and insert “(1)”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 16, makes the lack of a reasonable excuse a component part of the offence of collecting information for use in immigration crime, thus placing the burden of proof upon the prosecution.

Amendment 190

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

NO DECISION has been made on this amendment

After Clause 48 insert the following new Clause—
“Restrictions on disclosure: immigration and nationality purpose
(1) Nothing in sections 27 to 31 authorises information to which subsection (2) applies to be used for a purpose within section 40(1) of the UK Borders Act 2007.
(2) This section applies to information disclosed to an enforcing authority –
(a) regarding a person who has been the subject of labour abuse, for the purpose of that person requesting or receiving support or assistance, or
(b) by a person who has been witness to labour abuse, for the purpose of evidence or other assistance in connection with an investigation into or a prosecution or other legal proceedings relating to that abuse.
(3) Paragraph 4 of Schedule 2 to the Data Protection Act 2018 shall not apply to personal data to which subsection (2) applies.
(4) In section 20 of the Immigration and Asylum Act 1999 after subsection (2B) insert—
“(2C) This section does not apply to information to which section (Restrictions on disclosure: immigration and nationality purpose) of the Border Security, Asylum and Immigration Act 2023 applies.”
(5) In this section “labour abuse” includes –
(a) a labour market offence,
(b) an offence under the Gangmasters (Licensing) Act 2004, or
(c) an offence under the Modern Slavery Act 2015, in England, Wales, Scotland or Northern Ireland,
or a suspected or alleged offence.”

Type: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 18 Jun 2025
Lord Watson of Invergowrie (Lab - Life peer) - 18 Jun 2025

Member's explanatory statement

This new secure reporting Clause would prevent information disclosed about a victim or by a witness of labour abuse being used for a purpose within section 40(1) of the UK Borders Act 2007.

Opposition Amendment 191

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new 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

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment 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 ILR to foreign criminals.

Amendment 59

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was WITHDRAWN

Clause 16, page 10, line 18, after “care” insert “, humanitarian support”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment is intended to probe whether provision of humanitarian support constitutes a “reasonable excuse” as a defence to the offence in this clause.

Opposition Amendment 192

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Refusal of certain asylum claims
(1) The Secretary of State must declare an asylum claim or a human rights claim made by any person to whom this section applies inadmissible.
(2) This section applies to a person who—
(a) commits an offence under sections 24 or 24A of the Immigration Act 1971, or
(b) commits an offence under section 18 of this Act.
(3) A claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.
(4) A declaration under subsection (1) that a claim is inadmissible is not a decision to refuse the claim and as such no right of appeal under section 82(1)(a) of the Nationality, Immigration and Asylum Act 2002 arises.
(5) For the purposes of this section, the Human Rights Act 1998 does not apply.
(6) A declaration under subsection (1) is final, and not liable to be questioned or set aside in any court.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would require the Secretary of State to declare asylum claims inadmissible if the claimant has entered illegally.

Amendment 60

Tabled: 20 Jun 2025
HL Bill 101 Running list of amendments – 20 June 2025

This amendment was NOT MOVED

Clause 16, page 10, line 22, at end insert—
“(d) the person was carrying out a legal activity, as defined in section 12(3) of the Legal Services Act 2007.”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 20 Jun 2025

Member's explanatory statement

This amendment is intended to probe whether a person providing legitimate legal services will have a “reasonable excuse” defence for the offence under Clause 16.

Amendment 61

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 16, page 10, leave out lines 23 to 25 and insert “Where it is a defence for a person to show a particular matter, they have shown the matter if”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment, with others in the name of Baroness Hamwee to clause 16, makes the lack of a reasonable excuse a component part of the offence of collecting information for use in immigration crime, thus placing the burden of proof upon the prosecution.

Opposition Amendment 193

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Inadmissibility of asylum claims
(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.
(2) After section 80C insert—
“80D Claims after one year of entry
(1) A person may not make an asylum claim if—
(a) the person entered the United Kingdom after 1 June 2020, and
(b) the person made the claim more than one year after the day of their entry into the United Kingdom.
(2) For the purposes of subsection (1)(b), if the person has entered the United Kingdom more than once after 1 June 2020, the one-year period referred to in that subsection begins on the day after the day of their first entry.
(3) The Secretary of State must declare an asylum claim or a human rights claim to which subsection (1) applies inadmissible.
(4) A claim declared inadmissible under subsection (3) cannot be considered under the immigration rules.
(5) A declaration under subsection (3) that a claim is inadmissible is not a decision to refuse the claim and as such no right of appeal under section 82(1)(a) of the Nationality, Immigration and Asylum Act 2002 arises.
(6) For the purposes of this section, the Human Rights Act 1998 does not apply.
(7) A declaration under subsection (3) is final, and not liable to be questioned or set aside in any court.””

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)
Amendment 62

Tabled: 19 Jun 2025
HL Bill 101 Running list of amendments – 19 June 2025

This amendment was NOT MOVED

Clause 16, page 10, line 31, at end insert—
“(12) Any offence committed under this section shall not be regarded as a “particularly serious crime” for the purposes of Article 33(2) of the United Nations Convention relating to the Status of Refugees 1951.”

Type: Backbencher

Signatures: 2

Lord Browne of Ladyton (Lab - Life peer) - 19 Jun 2025
Lord Dubs (Lab - Life peer) - 19 Jun 2025
Opposition Amendment 194

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Notification requirement for local authorities where a person claims to be a child
Where, in relation to asylum and immigration, a person claiming to be a child is determined by the Home Office to be an adult and is at risk of being placed in adult accommodation or detention, the Home Office must—
(a) notify the relevant local authority immediately, and
(b) provide the local authority with an opportunity to conduct or review an age assessment before any placement in adult accommodation or detention occurs.”

Type: Opposition

Signatures: 3

Lord German (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Brinton (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)

Lord Bishop of Sheffield (Bshp - Bishops) - 23 Jun 2025

Member's explanatory statement

This amendment ensures local authorities are promptly informed when the Home Office determines that a person claiming to be a child is an adult and may be placed in adult accommodation or detention.

Amendment 195

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Use of artificial intelligence
(1) Any decision that can reasonably be foreseen to have a legal effect on an individual person in relation to their immigration rights may not be taken with the use of any artificial intelligence system if such system uses that person’s personal data.
(2) No artificial intelligence system may be trained using personal data that has been produced in the exercise of immigration control powers.”

Type: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 23 Jun 2025
Lord German (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Member's explanatory statement

This amendment is to probe the extent of AI in immigration decision-making.

Opposition Amendment 63

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was WITHDRAWN

Clause 18, page 11, line 23, leave out “France, Belgium or the Netherlands” and insert “any other country”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 64

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 18, page 11, leave out lines 24 to 26 and insert—
“(c) the vessel in which the person travelled could not reasonably have been thought to be safe for the purposes of reaching the United Kingdom.”

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Member's explanatory statement

This amendment would apply the new offence of endangering another during a sea crossing to the UK to any individual who tries to enter the UK illegally and makes their journey in an unseaworthy vessel, removing the requirement for the individual to have done an act to cause or create a risk of death or serious injury.

Opposition Amendment 196

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new 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: 3

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Lord Jackson of Peterborough (Con - Life peer) - 23 Jun 2025

Member's explanatory statement

This amendment 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 197

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new 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 (automatic deportation).
(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 dependants 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 by regulations to reflect inflation.
(8) Regulations under subsection (7)(b) must be made by statutory instrument and are subject to annulment in pursuance of a motion of either House of Parliament.
(9) The Secretary of State may by immigration rules vary the conditions set out in this section.”

Type: Opposition

Signatures: 3

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Lord Jackson of Peterborough (Con - Life peer) - 23 Jun 2025

Member's explanatory statement

This amendment would revoke indefinite leave to remain if a person meets the four conditions.

Amendment 65

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 18, page 11, line 24, after “person” insert “intentionally or recklessly”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment seeks to ensure that the new criminal offence is targeted at people smugglers rather than those seeking asylum.

Amendment

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 18, page 11, line 25, leave out “serious personal injury” and insert “personal injury other than minor injury”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment seeks to reduce the level of injury which is caused (or risked) for an offence to be committed under subsection E1A.

Opposition Amendment 198

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new 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 (12).
(9) Subsection (10) applies to a person if the person is seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person already present and settled in the United Kingdom or who is on the same occasion being admitted for settlement.
(10) The requirements to be met by a person to whom this section applies are 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 paragraph (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 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.
(11) 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.
(12) 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: 3

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Lord Jackson of Peterborough (Con - Life peer) - 23 Jun 2025

Member's explanatory statement

This amendment 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 199

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new 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 (visa penalty provision: general), omit subsections (4) and (5).
(3) In section 72 (removals from the UK: visa penalties for uncooperative countries)—
(a) in subsection (1), for “may” substitute “must”,
(b) in subsection (1)(a) after “it” insert “or 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,”,
(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 the semicolon after “70” to the end.
(4) Omit section 74 (visa penalties under section 72: review and revocation).”

Type: Opposition

Signatures: 3

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Lord Jackson of Peterborough (Con - Life peer) - 23 Jun 2025

Member's explanatory statement

This amendment 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.

Opposition Amendment 66

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

This amendment was NOT MOVED

Clause 18, page 11, line 26, at end, insert—
“(d) the act to which paragraph (c) refers was intentional and done for, or done in connection with another act done for, the person’s financial gain.”

Type: Opposition

Signatures: 2

Lord German (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Hamwee (LD - Life peer) - 23 Jun 2025

Member's explanatory statement

This amendment is intended to probe who will be put at risk of prosecution and imprisonment, and in what circumstances, by the clause, to ensure that it is targeted at people smugglers.

Opposition Amendment 200

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Age assessments: use of scientific methods
The Secretary of State must, within six months of the day on which this Act is passed, lay before Parliament—
(a) a statutory instrument containing regulations under section 52 of the Nationality and Borders Act 2022 (use of scientific methods in age assessments) 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 (age assessments: power to make provision about refusal to consent to scientific methods) making provision about refusal to consent to scientific methods for age assessments.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)

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.

Amendment 67

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 18, page 11, line 26, at end insert—
“(E1AA) It is a defence for a person charged with an offence under subsection (E1A) to show that they had a reasonable excuse for the action mentioned in subsection (E1A).
(E1AB) The cases in which a person has a reasonable excuse for the purposes of subsection (E1AA) include those in which they were acting under the duress of slavery.”

Type: Backbencher

Signatures: 1

Baroness May of Maidenhead (Con - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment seeks to make provision that victims of modern slavery, who may be coerced into acting as guardians for children during such journeys, will not be prosecuted for “endangering another” during a sea crossing as the Bill intends for people smugglers.

Amendment 68

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was WITHDRAWN

Clause 19, page 13, line 7, leave out “before or after” and insert “in the case of subsection (3)(b) before or after, or in any other case, after”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment is intended to remove the retrospective element of some, but not all, of the offences.

Opposition Amendment 201

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Report: cost of asylum support
(1) Within the period of two months after the day on which this Act is passed, the Secretary of State must publish a report on the continuing operation of asylum support.
(2) The report must in particular contain—
(a) an assessment of the annual cost of providing support to asylum seekers,
(b) an assessment of the proportion of official development assistance used to provide support to asylum seekers, and
(c) the proportion of asylum seekers who have had their asylum claim denied being provided accommodation and support.
(3) The report must be laid before both Houses of Parliament.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)
Opposition Amendment 69

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was NOT MOVED

Clause 19, page 13, line 24, leave out from “under” to “is” on line 25 and insert “the Immigration Acts (as defined by section 61(2) of the UK Borders Act 2007)”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 18 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 18 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would alter the definition of a relevant article, so that it includes any article that contains any information on the commission of an offence under any of the Immigration Acts, not just sections 25 or 25A of the Immigration Act 1971.

Opposition Amendment 202

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Establishment of third-country removal centres
(1) Within one month of the day on which this Act is passed, the Secretary of State must publish a statement that His Majesty’s Government intends to establish a third-country removal centre.
(2) Within two months of the day on which this Act is passed, the Secretary of State must commission a review of proposals for the establishment of third-country removal centres.
(3) The review under subsection (2) must be published as a report as soon as reasonably practicable after the conclusion of the review.
(4) Any report or statement published under this section must be laid before Parliament.”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 24 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 24 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would require the Secretary of State to commission a review of proposals for the establishment of third-country removal centres.

Government Amendment 70

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 19, page 13, line 32, at end insert—
“(c) a constable of the Police Service of Scotland,
(d) a constable of the Police Service of Northern Ireland, or
(e) an NCA officer,”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment expands the definition of “authorised officer” for the purposes of the powers in clauses 20 to 23 to cover constables of the police services of Scotland and Northern Ireland and National Crime Agency officers.

Amendment 203

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Immigration crime offences: application of Refugee Convention defence
(1) Section 31 of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention) is amended as follows.
(2) After subsection (3)(c) insert—
“(d) section 13 of the Border Security, Asylum and Immigration Act 2025 (supplying articles for use in immigration crime);
(e) section 14 of the Border Security, Asylum and Immigration Act 2025 (handling articles for use in immigration crime);
(f) section 16 of the Border Security, Asylum and Immigration Act 2025 (collecting information for use in immigration crime); or
(g) section 24 of the Immigration Act 1971 (illegal entry and similar offences).”
(3) After subsection (4)(d) insert—
“(e) section 13 of the Border Security, Asylum and Immigration Act 2025 (supplying articles for use in immigration crime),
(f) section 14 of the Border Security, Asylum and Immigration Act 2025 (handling articles for use in immigration crime),
(g) section 16 of the Border Security, Asylum and Immigration Act 2025 (collecting information for use in immigration crime),
(h) section 24 of the Immigration Act 1971 (illegal entry and similar offences),”.”

Type: Backbencher

Signatures: 2

Lord Alton of Liverpool (XB - Life peer) - 24 Jun 2025
Baroness Hamwee (LD - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment gives effect to the JCHR recommendations that the offences in Clauses 13, 14, and 16 of the Bill, as well as the offence of illegal entry etc under section 24 of the Immigration Act 1971, should be added to section 31 of the Immigration and Asylum Act 1999, which provides a statutory defence for refugees in certain circumstances.

Amendment 203A

Tabled: 27 Jun 2025
HL Bill 101-I(b) Amendment for Committee (Supplementary to the Marshalled List)

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Duty to remove foreign offenders
(1) The Secretary of State must make a deportation order against any person to whom this section applies.
(2) This section applies to a person (“P”) who—
(a) is not a British citizen,
(b) has been sentenced to a term of imprisonment in the United Kingdom, and
(c) has completed their term of imprisonment and been released accordingly.
(3) The Secretary of State must make the deportation order against P within the period of seven days after P’s release from imprisonment.
(4) A deportation order made under this section is not subject to appeal under—
(a) section 15 of the Immigration Act 1971,
(b) section 82 of the Nationality, Immigration and Asylum Act 2002, or
(c) any other enactment.
(5) A deportation order made under this section is final and not liable to be set aside in any court.”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer) - 27 Jun 2025
Amendment 71

Tabled: 10 Jun 2025
HL Bill 101 Running list of amendments - 10 June 2025

This amendment was NOT MOVED

After Clause 19, insert the following new Clause—
“Duty to meet the Executive Director of Europol
The Commander must meet the Executive Director of Europol, or their delegate, no less than once every six months.”

Type: Backbencher

Signatures: 2

Baroness Ludford (LD - Life peer) - 10 Jun 2025
Lord German (LD - Life peer) - 10 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Member's explanatory statement

This amendment would require the Border Security Commander to meet with the Executive Director of Europol every six months. It is intended to probe how the Commander will foster and maintain international co-operation as part of their duties.

Opposition Amendment 72

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was WITHDRAWN

Clause 20, page 14, line 1, leave out subsection (2)

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment would remove the requirement that a person can only be searched if they have not previously been searched.

Amendment 203B

Tabled: 02 Jul 2025
HL Bill 101-I(c) Amendments for Committee (Supplementary to the Marshalled List)

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“British National (Overseas) visa route: statutory protection
(1) Notwithstanding section 3(2) of the Immigration Act 1971, the Secretary of State must ensure the continuation of the British National (Overseas) visa scheme as set out in the Immigration Rules HC 395 (“the BN(O) route”), including the pathway to settlement after five years of lawful residence.
(2) Any restrictions to the eligibility criteria, conditions, or settlement pathway of the BN(O) route, including any extension to the qualifying period for settlement, may only be made by regulations subject to the affirmative resolution procedure.
(3) The provisions of this section may not be repealed except by an Act of Parliament.”

Type: Backbencher

Signatures: 3

Lord Alton of Liverpool (XB - Life peer) - 02 Jul 2025
Baroness Brinton (LD - Life peer) - 02 Jul 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)

Baroness Kennedy of Shaws (Lab - Life peer) - 02 Jul 2025

Member's explanatory statement

This amendment seeks to place the BN(O) visa route, including the existing five-year path to settlement, on a statutory footing. It would require any substantial restrictions to the route — such as eligibility criteria or the qualifying period for settlement — to be made through regulations subject to the affirmative procedure, and would prevent the repeal of the route other than by primary legislation.

Amendment 203C

Tabled: 04 Jul 2025
HL Bill 101-II Second marshalled list for Committee

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Ukraine humanitarian schemes: settlement
(1) Within six months of the day on which this Act is passed, the Secretary of State must amend the Immigration Rules so that a person becomes eligible for indefinite leave to remain when that person has completed the maximum aggregate period of limited leave (including any extensions) available under the Ukraine humanitarian scheme or schemes on which that leave was granted.
(2) “Ukraine humanitarian scheme” means—
(a) the Ukraine Family Scheme;
(b) the Homes for Ukraine Sponsorship Scheme, including the super-sponsor variants operated by the Scottish and Welsh Governments;
(c) the Ukraine Extension Scheme and any successor or related Ukraine Permission Extension Scheme.”

Type: Backbencher

Signatures: 2

Lord Alton of Liverpool (XB - Life peer) - 04 Jul 2025
Baroness Kennedy of Shaws (Lab - Life peer) - 08 Jul 2025

Member's explanatory statement

This amendment seeks to ensure that the Secretary of State amends Immigration Rules so that individuals on Ukraine humanitarian schemes have a pathway to indefinite leave to remain after completing a maximum aggregate period of limited leave available under the schemes on which that leave was granted.

Opposition Amendment 73

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 20, page 14, line 17, leave out paragraph (c)

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment seeks to remove the requirement for a person to have been on the premises for an officer to search that premises for a relevant article.

Opposition Amendment 74

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 20, page 14, line 32, leave out subsections (7) and (8)

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment seeks to remove the requirement that a constable must seek authorisation for a search under clause 20 from an Inspector, and that the Inspector must inform a Superintendent if they authorise such a search.

Amendment 203D

Tabled: 04 Jul 2025
HL Bill 101-II Second marshalled list for Committee

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Review of workplace visa in limited circumstances
(1) The Secretary of State must, within 12 months of the day on which this Act is passed, publish a report of a review of the rights of persons to whom this section applies.
(2) This section applies to a person (“P”)—
(a) who is not a British citizen,
(b) who does not have indefinite leave to remain in the United Kingdom,
(c) whose most recent grant of limited leave, exemption from leave or entry to the United Kingdom without leave was dependent on P’s employment, and
(d) who has experienced labour abuse, or whose employment has been terminated through no fault of their own.
(3) The review must report on—
(a) provision for the grant of leave for a minimum period of 12 months;
(b) cancellation or revocation of leave in circumstances prescribed in immigration rules.
(4) This section is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.
(5) In this section—
“entry to the UK without leave to enter” refers to the provision for crew members under section 8(1) of the Immigration Act 1971;
“exemption from leave” refers to a person exempt from provisions of the Immigration Act 1971, pursuant to section 8(2) or (3) of that Act;
“immigration rules” means rules under section 3(2) of the Immigration Act 1971;
“labour abuse” includes—
(a) a labour market offence,
(b) an offence under the Gangmasters (Licensing) Act 2004, and
(c) an offence under the Modern Slavery Act 2015
in England, Wales, Scotland or Northern Ireland or a suspected or alleged such offence.”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 04 Jul 2025

Member's explanatory statement

This new clause would require a report on a route for migrants with work visas, or migrant fishers with a Code 7 stamp on UK fishing vessels, who experience labour exploitation, loss of their employment, or immigration status, through no fault of their own, to remain in the UK, enabling them to leave abusive work situations and access justice.

Amendment 203E

Tabled: 07 Jul 2025
HL Bill 101-II(a) Amendments for Committee (Supplementary to the Second Marshalled List)

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Safe states for the purposes of asylum and other claims
(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.
(2) After section 80A(5) insert—
“(5A) Subsection (1) does not apply if the claimant is at substantial risk of significant personal harm, either as a member of a minority group or as an individual.”
(3) In section 80AA(1) omit paragraphs (a), (ka) and (oa).”

Type: Backbencher

Signatures: 5

Baroness Hamwee (LD - Life peer) - 07 Jul 2025
Lord Murray of Blidworth (Con - Life peer) - 04 Sep 2025
Lord Faulks (Non-affiliated - Life peer) - 04 Sep 2025
Lord Jackson of Peterborough (Con - Life peer) - 04 Sep 2025
Lord Alton of Liverpool (XB - Life peer) - 04 Sep 2025

Member's explanatory statement

This amendment removes Albania, Georgia and India from the list of safe states, for the purpose of inadmissibility of asylum claims, and allows for claims by an individual at substantial risk of harm in a “safe state”.

Government Amendment 75

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 20, page 14, line 36, at end insert—
“(8A) An NCA officer may exercise a power to search under this section only if the search is authorised by an NCA officer at or above a grade that is equivalent to the rank of inspector.
(8B) If an NCA officer gives an authorisation under subsection (8A), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer at or above a grade that is equivalent to the rank of superintendent to be informed.”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment provides for the authorisation by a senior National Crime Agency officer of a power to search under clause 20 exercised by a National Crime Agency officer.

Government Amendment 76

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 20, page 14, line 37, after “constable” insert “or an NCA officer”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment enables a National Crime Agency officer to use reasonable force in the exercise of a power under clause 20.

Amendment 203F

Tabled: 01 Sep 2025
HL Bill 101-IV Fourth marshalled list for Committee

NO DECISION has been made on this amendment

After Clause 48 insert the following new Clause—
“Upper Tribunal (Immigration and Asylum Chamber)
(1) All judgments of Upper Tribunal (Immigration and Asylum Chamber) must be published on a Government website within three days of being made.
(2) Judgments published under subsection (1) may be anonymised to the extent considered necessary by the Tribunal.”

Type: Backbencher

Signatures: 4

Lord Murray of Blidworth (Con - Life peer) - 01 Sep 2025
Lord Faulks (Non-affiliated - Life peer) - 01 Sep 2025
Lord Jackson of Peterborough (Con - Life peer) - 01 Sep 2025
Lord Alton of Liverpool (XB - Life peer) - 01 Sep 2025
Amendment 203G

Tabled: 09 Jul 2025
HL Bill 101-III(a) Amendments for Committee (Supplementary to the Third Marshalled List)

NO DECISION has been made on this amendment

After Clause 48 insert the following new Clause—
“First-tier Tribunal Immigration and Asylum Chamber: publication of decisions
(1) All judgments of the First-tier Tribunal Immigration and Asylum Chamber must be published on a Government website within three days of being made.
(2) Judgments published under subsection (1) may be anonymised to the extent considered necessary by the Tribunal.”

Type: Backbencher

Signatures: 4

Lord Murray of Blidworth (Con - Life peer) - 09 Jul 2025
Lord Faulks (Non-affiliated - Life peer) - 09 Jul 2025
Lord Jackson of Peterborough (Con - Life peer) - 09 Jul 2025
Lord Alton of Liverpool (XB - Life peer) - 09 Jul 2025
Government Amendment 77

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 20, page 14, line 38, at end insert—
“(10) Paragraphs 21 and 22 of Schedule 5 to the Crime and Courts Act 2013 (offences of resistance, wilful obstruction and assault) apply in relation to an NCA officer exercising a power under this section as they apply in relation to a designated officer acting in the exercise of an operational power within the meaning of that Schedule.”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment applies the offences of resisting, wilfully obstructing and assaulting an NCA officer to an NCA officer exercising a power under clause 20.

Opposition Amendment 78

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 21, page 15, line 4, leave out subsections (2) and (3)

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment seeks to remove the requirement that a constable must seek authorisation to seize a relevant article from an Inspector, and that the Inspector must inform a Superintendent if they authorise such a seizure.

Amendment 203H

Tabled: 10 Jul 2025
HL Bill 101-III(b) Amendment for Committee (Supplementary to the Third Marshalled List)

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“National Age Assessment Board: judicial review
(1) This section applies to all decisions taken by the National Age Assessment Board (“the NAAB”) in respect of a person (“P”) after the day on which this section comes into force.
(2) Subsection (3) applies if P makes an application for judicial review of the decision mentioned in subsection (1).
(3) The court or tribunal must determine the application on the basis that the person’s age is a matter of fact to be determined by the NAAB, and accordingly the court or tribunal—
(a) may grant relief only on the basis that the decision was wrong in law, and
(b) may not grant relief on the basis that the court or tribunal considers the decision mentioned in subsection (1) was wrong as a matter of fact.”

Type: Backbencher

Signatures: 3

Lord Murray of Blidworth (Con - Life peer) - 10 Jul 2025
Lord Jackson of Peterborough (Con - Life peer) - 04 Sep 2025
Baroness Lawlor (Con - Life peer) - 04 Sep 2025
Amendment 203I

Tabled: 14 Jul 2025
HL Bill 101-III(c) Amendments for Committee (Supplementary to the Third Marshalled List)

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Amendment of section 31 of the Immigration and Asylum Act 1999
(1) Section 31 of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention) is amended as follows.
(2) For subsection (2) substitute—
“(2) For the purposes of subsection (1) a person is not to be taken to have come directly to the United Kingdom from a country in which their life or freedom were threatened as mentioned in that subsection if, in coming from such a country, they passed through or stopped in another country outside the United Kingdom where their life or freedom were not so threatened.”.”

Type: Backbencher

Signatures: 3

Lord Murray of Blidworth (Con - Life peer) - 14 Jul 2025
Lord Jackson of Peterborough (Con - Life peer) - 14 Jul 2025
Baroness Lawlor (Con - Life peer) - 14 Jul 2025

Member's explanatory statement

This amendment is intended to vindicate and articulate the United Kingdom’s rights under Article 31 of the Refugee Convention.

Government Amendment 79

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 21, page 15, line 8, at end insert—
“(3A) An NCA officer may seize a relevant article under subsection (1) only if the seizure of the article is authorised by an NCA officer at or above a grade that is equivalent to the rank of inspector.
(3B) If an NCA officer gives an authorisation under subsection (3A), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer at or above a grade that is equivalent to the rank of superintendent to be informed.”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment provides for the authorisation by a senior National Crime Agency officer of a power to seize an article under clause 21(1) exercised by a National Crime Agency officer.

Government Amendment 80

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 21, page 15, line 9, after “constable” insert “or an NCA officer”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment enables a National Crime Agency officer to use reasonable force in seizing a relevant article under clause 21(1).

Amendment 203J

Tabled: 14 Jul 2025
HL Bill 101-III(c) Amendments for Committee (Supplementary to the Third Marshalled List)

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause—
“Refusal of asylum claims made by a person who has entered the UK other than directly from a country in which their life is in danger
(1) The Secretary of State has a duty to refuse a claim for asylum if the person who has made the claim for asylum meets the following conditions.
(2) The first condition is that the person meets one of the following descriptions—
(a) the person requires leave to enter the United Kingdom, but has entered the United Kingdom—
(i) without leave to enter,
(ii) contrary to the provisions of section 40 of the Nationality and Borders Act 2022 (illegal entry), or
(iii) with leave to enter that was obtained by means which included deception by any person,
(b) the person has entered the United Kingdom in breach of a deportation order,
(c) the person has entered or arrived in the United Kingdom at a time when they were an excluded person within the meaning of section 8B of the Immigration Act 1971 (persons excluded from the United Kingdom under certain instruments) and—
(i) subsection (5A) of that section (exceptions to section 8B) does not apply to the person, and
(ii) an exception created under, or direction given by virtue of, section 15(4) of the Sanctions and Anti-Money Laundering Act 2018 (power to create exceptions to section 8B) does not apply to the person,
(d) the person requires entry clearance under the immigration rules, but has arrived in the United Kingdom without a valid entry clearance, or
(e) the person is required under immigration rules not to travel to the United Kingdom without an electronic travel authorisation that is valid for that person’s journey to the United Kingdom, but has arrived in the United Kingdom without such an electronic travel authorisation.
(3) The second condition is that, in entering or arriving as mentioned in subsection (2), the person did not come directly to the United Kingdom from a country in which the person’s life and liberty were threatened by reason of their race, religion, nationality, membership of a particular social group or political opinion.
(4) For the purposes of subsection (3) a person is not to be taken to have come directly to the United Kingdom from a country in which their life and liberty were threatened as mentioned in that subsection if, in coming from such a country, they passed through or stopped in another country outside the United Kingdom where their life and liberty were not so threatened.
(5) For the removal of doubt but without limitation, for the purposes of subsection (3), a person has passed through or stopped in another country outside the United Kingdom if they depart in a boat, vessel or aircraft from France or any other European coastal state.”

Type: Backbencher

Signatures: 2

Lord Murray of Blidworth (Con - Life peer) - 14 Jul 2025
Lord Jackson of Peterborough (Con - Life peer) - 14 Jul 2025

Member's explanatory statement

This provision provides that an asylum claim should be denied if an asylum-seeker has entered the UK from a country in which their life and liberty were not threatened. This is intended to deter the use of dangerous and illegal methods of entering the UK, especially from a safe third country.

Opposition Amendment 204

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

Clause 49, page 47, line 14, leave out “5” and insert “14”

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment seeks to standardise the punishment for offences relating to articles used in serious crime in this clause with the punishment for offences relating to articles used in immigration crime in clauses 13 and 14.

Government Amendment 81

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 21, page 15, line 10, at end insert—
“(4A) Paragraphs 21 and 22 of Schedule 5 to the Crime and Courts Act 2013 (offences of resistance, wilful obstruction and assault) apply in relation to an NCA officer exercising a power under subsection (1) as they apply in relation to a designated officer acting in the exercise of an operational power within the meaning of that Schedule.”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment applies the offences of resisting, wilfully obstructing and assaulting an NCA officer to an NCA officer exercising a power under clause 21(1).

Government Amendment 82

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 21, page 15, line 11, after “constable” insert “or an NCA officer”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment and my amendment to Clause 21, page 15, line 12 enable an NCA officer to give a relevant article seized by an NCA officer to an immigration officer or the Secretary of State.

Opposition Amendment 204A

Tabled: 07 Jul 2025
HL Bill 101-II(a) Amendments for Committee (Supplementary to the Second Marshalled List)

NO DECISION has been made on this amendment

Clause 54, page 53, line 38, at end insert—
“(viii) the Director General of Border Force,
(ix) the Director General of Immigration Enforcement, or
(x) the Border Security Commander, and”

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 07 Jul 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 07 Jul 2025
Shadow Minister (Home Office)

Member's explanatory statement

This amendment would expand the class of applicants for the making of serious crime prevention orders to include the heads of immigration and border security enforcement agencies.

Opposition Amendment 204B

Tabled: 07 Jul 2025
HL Bill 101-II(a) Amendments for Committee (Supplementary to the Second Marshalled List)

NO DECISION has been made on this amendment

Clause 54, page 58, line 7, at end insert—
“(d) after paragraph 20B insert—
“Director General of Border Force
20C The functions of the Director General of Border Force under this Part are—
(a) to have the conduct of applications for 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 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 (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, and
(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
20D (1)The Director General of Border Force may, to such an extent as they may decide, delegate the exercise of their functions under this Part to any member of Border Force of at least the rank of Assistant Director.
(2)References in this Part to the Director General of Border Force are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Director General or any member of Border Force of at least the rank of Assistant Director.
Director General of Immigration Enforcement
20E The functions of the Director General of Immigration Enforcement under this Part are—
(a) to have the conduct of applications for 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 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 (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, and
(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
20F (1)The Director General of Immigration Enforcement may, to such an extent as they may decide, delegate the exercise of their functions under this Part to any member of Immigration Enforcement of at least the rank of Assistant Director.
(2)References in this Part to the Director General of Immigration Enforcement are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Director General or any member of Immigration Enforcement of at least the rank of Assistant Director.
20G The functions of the Border Security Commander under this Part are—
(a) to have the conduct of applications for 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 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 (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, and
(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).””

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 07 Jul 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 07 Jul 2025
Shadow Minister (Home Office)

Member's explanatory statement

This amendment would expand the class of applicants for the making of serious crime prevention orders to include the heads of immigration and border security enforcement agencies.

Government Amendment 83

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 21, page 15, line 12, after “constable” insert “or an NCA officer”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

See the explanatory statement for my amendment to Clause 21, page 15, line 11.

Amendment 84

Tabled: 12 Jun 2025
HL Bill 101 Running list of amendments - 12 June 2025

This amendment was WITHDRAWN

Clause 21, page 15, line 21, at end insert—
“(6A) A relevant article seized under subsection (1) or given under subsection (5) must be protected during the period it is retained so it can later be relied on by the owner of that article for evidence—
(a) in court, or
(b) as part of a National Referral Mechanism “Reasonable Grounds” determination.”

Type: Backbencher

Signatures: 4

Baroness May of Maidenhead (Con - Life peer) - 12 Jun 2025
Lord Randall of Uxbridge (Con - Life peer) - 12 Jun 2025
Baroness Butler-Sloss (XB - Life peer) - 12 Jun 2025
Lord Alton of Liverpool (XB - Life peer) - 12 Jun 2025

Member's explanatory statement

The amendment seeks to make provisions to protect the belongings of people who have had them confiscated, especially for potential victims of modern slavery who often vitally rely upon their belongings as evidence during the determination of their status as a victim.

Amendment 205

Tabled: 10 Jun 2025
HL Bill 101 Running list of amendments - 10 June 2025

NO DECISION has been made on this amendment

After Clause 56, insert 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 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: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 10 Jun 2025
Lord Alton of Liverpool (XB - Life peer) - 10 Jun 2025

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.

Amendment 206

Tabled: 10 Jun 2025
HL Bill 101 Running list of amendments - 10 June 2025

NO DECISION has been made on this amendment

After Clause 56, insert 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: Backbencher

Signatures: 3

Baroness Hamwee (LD - Life peer) - 10 Jun 2025
Baroness Ludford (LD - Life peer) - 10 Jun 2025
Lord Alton of Liverpool (XB - Life peer) - 10 Jun 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.

Government Amendment 85

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 21, page 15, line 28, leave out “or (10)” and insert “, (10), (11) or (13)”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment is consequential on my amendment to Clause 21, page 15, line 40.

Government Amendment 86

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 21, page 15, line 36, after “constable” insert “of a police force maintained by a local policing body, or of an NCA officer”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment is consequential on my amendment to Clause 21, page 15, line 40 and on the extension of clause 21 to National Crime Agency officers.

Amendment 207

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 56, insert the following new Clause—
“Review of civil orders relating to the prevention of serious crime
(1) The Secretary of State must appoint an independent reviewer to conduct a review of civil orders relating to the prevention of serious crime, including relevant orders and injunctions.
(2) A review under subsection (1) must be published and laid before Parliament within 18 months of the day on which this Act is passed.
(3) In this section “relevant orders and injunctions” includes, but is not limited to, civil orders and injunctions relating to the prevention of serious crime under—
(a) the Policing and Crime Act 2009;
(b) the Terrorism Prevention and Investigation Measures Act 2011;
(c) the Modern Slavery Act 2015;
(d) the Police, Crime, Sentencing and Courts Act 2022.
(4) The review must assess and make recommendations with regard to—
(a) the provisions,
(b) the effectiveness, and
(c) the prohibitions, requirements and sanctions
of relevant orders and injunctions.”

Type: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 23 Jun 2025
Lord German (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Member's explanatory statement

This amendment requires the Secretary of State to appoint an independent reviewer to conduct a review of civil orders designed to prevent serious crime.

Amendment 208

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

After Clause 56, insert the following new Clause—
“Duty to enforce maritime safety in United Kingdom waters or the UK search and rescue region
(1) The Secretary of State must take all reasonable steps to enforce the provisions of Part IV of the Merchant Shipping Act 1995 (safety) against any migrant vessel operating in United Kingdom waters or the UK search and rescue region that is dangerously unsafe and being used to transport persons to the United Kingdom.
(2) The Secretary of State must issue guidance to maritime enforcement authorities (including the Border Force, His Majesty’s Coastguard and Maritime & Coastguard Agency) about the exercise of powers under sections 95 and 98 of the Merchant Shipping Act 1995 (detention of, and offences relating to, dangerously unsafe ships) in relation to migrant vessels in the English Channel.
(3) It shall be the duty of any designated maritime enforcement authority to act in accordance with the guidance issued under subsection (2) and to cooperate in the detection, detention and prosecution of migrant vessels and persons who commit an offence under section 98 of the Merchant Shipping Act 1995 (owner and master liable in respect of dangerously unsafe ship) in respect of a dangerously unsafe migrant vessel.
(4) For the purposes of subsection (1)—
“dangerously unsafe” has the meaning given in section 94 of the Merchant Shipping Act 1995;
“migrant vessel” means a ship being used for the unlawful or clandestine carriage of persons by water with the intention of facilitating their entry into the United Kingdom (whether or not those persons intend to claim asylum);
“ship” has the meaning given in section 313 of the Merchant Shipping Act 1995 and includes any small boat or other vessel used in navigation for carrying persons by sea.”

Type: Backbencher

Signatures: 2

Lord Berkeley (Lab - Life peer) - 24 Jun 2025
Lord Dubs (Lab - Life peer) - 24 Jun 2025

Member's explanatory statement

This amendment seeks to impose a clear duty on the Government to leverage existing maritime safety law as a deterrent against dangerous small-boat crossings in UK waters.

Government Amendment 87

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 21, page 15, line 38, leave out “section 2 of”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment is consequential on the extension of clause 21 to National Crime Agency officers.

Government Amendment 88

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 21, page 15, line 39, after “constable” insert “or NCA officer”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment is consequential on the extension of clause 21 to National Crime Agency officers.

Amendment 208A

Tabled: 25 Jun 2025
HL Bill 101-I(a) Amendments for Committee (Supplementary to the Marshalled List)

NO DECISION has been made on this amendment

After Clause 56, insert the following new Clause—
“Body to coordinate between the Border Force’s Maritime Command and His Majesty’s Coastguard
(1) The Secretary of State must by regulations establish a body with responsibility for ensuring effective cooperation between the Border Force’s Maritime Command and His Majesty’s Coastguard for the purposes of border security and safe immigration.
(2) The body established under subsection (1) is responsible for ensuring cooperation for the purposes of border security and safe immigration in relation to—
(a) maritime search and rescue operations in UK waters and the United Kingdom search and rescue region,
(b) maritime law enforcement, and
(c) efficient use of resources, including vessels, aircraft, personnel, infrastructure, systems and command structures.
(3) The Secretary of State must establish a body under subsection (1) within six months of the day on which this Act is passed.”

Type: Backbencher

Signatures: 1

Lord Berkeley (Lab - Life peer) - 25 Jun 2025

Member's explanatory statement

This amendment would establish a body responsible for coordinating between the Border Force’s Maritime Command and His Majesty’s Coastguard for the purposes of border security and safe immigration.

Opposition Amendment 208B

Tabled: 07 Jul 2025
HL Bill 101-II(a) Amendments for Committee (Supplementary to the Second Marshalled List)

NO DECISION has been made on this amendment

After Clause 56, insert the following new Clause—
“Amendment to the Serious Crime Act 2007
(1) Schedule 1 of the Serious Crime Act 2007 is amended as follows.
(2) After paragraph 2, insert—
“Illegal immigration
2ZA (1)An offence under any of the following provisions of the Immigration Act 1971—
(a)section 24(A1), (B1), (C1), (D1), (E1), (E1A) or (E1B) (illegal entry and similar offences);
(b)section 24A (deception).
(2)An offence under either of the following provisions of the Border Security, Asylum and Immigration Act 2025—
(a)section 13 (supplying articles for use in immigration crime);
(b)section 14 (handling articles for use in immigration crime).”
(3) After paragraph 16B, insert—
“Illegal immigration
16BZA (1)An offence under any of the following provisions of the Immigration Act 1971—
(a)section 24(A1), (B1), (C1), (D1), (E1), (E1A) or (E1B) (illegal entry and similar offences);
(b)section 24A (deception).
(2)An offence under either of the following provisions of the Border Security, Asylum and Immigration Act 2025—
(a)section 13 (supplying articles for use in immigration crime);
(b)section 14 (handling articles for use in immigration crime).”
(4) After paragraph 18, insert—
“Illegal immigration
18ZA (1)An offence under any of the following provisions of the Immigration Act 1971—
(a)section 24(A1), (B1), (C1), (D1), (E1), (E1A) or (E1B) (illegal entry and similar offences);
(b)section 24A (deception).
(2)An offence under either of the following provisions of the Border Security, Asylum and Immigration Act 2025—
(a)section 13 (supplying articles for use in immigration crime);
(b)section 14 (handling articles for use in immigration crime).””

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 07 Jul 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 07 Jul 2025
Shadow Minister (Home Office)

Member's explanatory statement

This amendment would add the offences of illegal entry, deception and offences under this Bill to the definition of serious crime for the purposes of serious crime prevention orders.

Government Amendment 89

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 21, page 15, line 40, at end insert—
“(11) If the relevant article is in the possession of a constable of the Police Service of Scotland, it must be disposed of in accordance with Part 6 of the Civic Government (Scotland) Act 1982 as if—
(a) it were property that has been delivered to a constable under section 67 of that Act, and
(b) it were delivered to a constable on the date when subsection (6)(a) of this section ceased to apply to it.
(12) In the application of Part 6 of that Act in relation to a relevant article by virtue of subsection (11), references in that Part to action which may or must be taken in relation to the finder of property are to be disregarded.
(13) If the relevant article is in the possession of a constable of the Police Service of Northern Ireland, it must be disposed of in accordance with section 31 of the Police (Northern Ireland) Act 1998, and any regulations under that section, as if it were property that has come into the possession of the constable in connection with the investigation of a suspected offence.”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment makes provision about the disposal of a relevant article that is in the possession of a constable of the Police Service of Scotland or a constable of the Police Service of Northern Ireland.

Amendment 209

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

NO DECISION has been made on this amendment

Clause 60, page 65, line 1, at end insert—
“(aa) regulations under section 25;”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment ensures that regulations under clause 25 of the Bill are subject to the affirmative procedure, as recommended by the Lords Constitution Committee.

Amendment 90

Tabled: 12 Jun 2025
HL Bill 101 Running list of amendments - 12 June 2025

This amendment was NOT MOVED

Clause 23, page 18, line 3, at end insert—
“(1A) An authorised officer or the Secretary of State must, when carrying out duties under subsection (1), protect the relevant article and information contained in it so it can be relied upon as part of a National Referral Mechanism determination.”

Type: Backbencher

Signatures: 3

Baroness May of Maidenhead (Con - Life peer) - 12 Jun 2025
Lord Randall of Uxbridge (Con - Life peer) - 12 Jun 2025
Baroness Butler-Sloss (XB - Life peer) - 12 Jun 2025

Member's explanatory statement

The amendment seeks to make provisions to protect the belongings of people who have had them confiscated, especially for potential victims of modern slavery who often vitally rely upon their belongings and the information stored on articles as evidence during the determination of their status as a victim.

Opposition Amendment 210

Tabled: 05 Jun 2025
HL Bill 101 Running list of amendments - 5 June 2025

NO DECISION has been made on this amendment

After Clause 62, insert the following Clause—
“Commencement of detention provisions
Sections (Time limit on immigration detention), (Initial detention: criteria and duration) and (Bail hearings) come into force at the end of the period of six months beginning with the day on which this Act is passed.”

Type: Opposition

Signatures: 2

Lord German (LD - Life peer) - 05 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Lister of Burtersett (Lab - Life peer) - 05 Jun 2025

Member's explanatory statement

This amendment is consequential on the amendments in the name of Lord German introducing the three new clauses mentioned.

Opposition Amendment 91

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was NOT MOVED

Clause 23, page 18, line 4, leave out subsections (2) and (3)

Type: Opposition

Signatures: 2

Lord Davies of Gower (Con - Life peer) - 17 Jun 2025
Shadow Minister (Home Office)

Lord Cameron of Lochiel (Con - Life peer) - 17 Jun 2025
Shadow Minister (Scotland)

Member's explanatory statement

This amendment seeks to remove the requirement that a constable must seek authorisation to access, copy and use information from a relevant article from an Inspector, and that the Inspector must inform a Superintendent if they authorise such a seizure.

Government Amendment 92

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 23, page 18, line 10, at end insert—
“(4) An NCA officer 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 an NCA officer of a grade that is equivalent to the rank of inspector or above.
(5) If an NCA officer gives an authorisation under subsection (4), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer of a grade that is equivalent to the rank of superintendent or above to be informed.”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment provides for the authorisation by a senior National Crime Agency officer of a power under clause 23(1) to access etc information on a relevant article exercised by a National Crime Agency officer.

Government Amendment 93

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 24, page 18, line 14, leave out “(10)” and insert “(13)”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment is consequential on my amendment to Clause 21, page 15, line 40.

Government Amendment 94

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 26, page 19, line 23, at end insert—
““NCA officer” means National Crime Agency officer;”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment inserts a definition of “NCA officer” into clause 26 for the purposes of clauses 19 to 23.

Amendment 95

Tabled: 18 Jun 2025
HL Bill 101 Running list of amendments – 18 June 2025

This amendment was WITHDRAWN

Clause 28, page 21, line 14, leave out from “them” to end of line 15 and insert “only for those purposes”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 18 Jun 2025

Member's explanatory statement

This amendment is to probe under what further circumstances a person listed under section 27(3)(a) to (f) could use the information supplied to them by HMRC.

Government Amendment 96

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

This amendment was AGREED

Clause 33, page 28, line 37, leave out from “consult” to end of line 1 on page 29 and insert “—
(a) the Scottish Ministers,
(b) the Department of Justice in Northern Ireland, and
(c) such persons appearing to the Secretary of State to represent the views of a body of constables in the United Kingdom as the Secretary of State considers appropriate.”

Type: Government

Signatures: 1

Lord Hanson of Flint (Lab - Life peer) - 17 Jun 2025
Minister of State (Home Office)

Member's explanatory statement

This amendment changes the consultation requirements in relation to the Secretary of State’s power to make regulations about the purposes related to policing in connection with which trailer registration data may be disclosed.

Amendment 97

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

Clause 34, page 29, line 12, at end insert—
“(c) the person is applying for refugee family reunion.”

Type: Backbencher

Signatures: 3

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Lord Bishop of Chelmsford (Bshp - Bishops) - 03 Jun 2025

Member's explanatory statement

This amendment, together with Baroness Hamwee’s amendment to page 29, line 27 aims to reduce the risks families encounter to reach a visa centre during the family reunion process.

Amendment 98

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was NOT MOVED

Clause 34, page 29, line 27, at end insert—
““refugee family reunion” means an application under Appendix Family Reunion (Sponsors with Protection) or Appendix Child Relative (Sponsors with Protection) of the Immigration Rules.”

Type: Backbencher

Signatures: 3

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Lord Bishop of Chelmsford (Bshp - Bishops) - 03 Jun 2025

Member's explanatory statement

This amendment, together with Baroness Hamwee’s amendment to page 29, line 12 aims to reduce the risks families encounter to reach a visa centre (such as paying smugglers to cross dangerous borders to submit biometric information) during the family reunion process.

Amendment 99

Tabled: 05 Jun 2025
HL Bill 101 Running list of amendments - 5 June 2025

This amendment was NOT MOVED

Clause 35, page 30, line 2, leave out paragraph (b)

Type: Backbencher

Signatures: 1

Lord Hogan-Howe (XB - Life peer) - 05 Jun 2025

Member's explanatory statement

The intention of this amendment is to probe whether police forces will have access to the biometric data gathered under section 34.

Amendment 100

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

After Clause 36, insert 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: Backbencher

Signatures: 2

Baroness Ludford (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

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.

Amendment 101

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was NOT MOVED

After Clause 36, insert 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: Backbencher

Signatures: 2

Baroness Ludford (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

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.

Amendment 102

Tabled: 20 Jun 2025
HL Bill 101 Running list of amendments – 20 June 2025

This amendment was WITHDRAWN

After Clause 36, insert the following new Clause—
“Further provision as to biometric information
(1) In the Immigration and Asylum Act 1999 in section 141 (fingerprinting)—
(a) in subsection (1), for “may” substitute “must”;
(b) in subsection (7), before paragraph (a) insert—
“(za) any person (“ZA”) who is not a British citizen but who is attempting to enter the United Kingdom;”;
(c) in subsection (8), before paragraph (a) insert—
“(za) for ZA, on his arrival at a port in the United Kingdom;”;
(d) in subsection (9), before paragraph (a) insert—
“(za) for ZA, when he leaves the port in which he entered the United Kingdom;”;
(e) after subsection (9), insert—
“(9A) An immigration officer or constable may arrest without warrant ZA if ZA does not comply with a request from an authorised officer to take fingerprints at ZA’s port of entry into the United Kingdom.”;
(f) after subsection (15), insert—
“(15A) In this section “port” has the same meaning as in section 4 of the UK Borders Act 2007.”.
(2) The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 are amended as follows—
(a) in regulation 2 (photographs)—
(i) in paragraph (1) for “may” substitute “must”;
(ii) in paragraph (7), before sub-paragraph (a) insert—
“(za) any person (“ZA”) who is not a British citizen but who is attempting to enter the United Kingdom;”;
(iii) in paragraph (11), before sub-paragraph (a) insert—
“(za) for ZA, on his arrival at a port in the United Kingdom;”;
(iv) in paragraph (12), before sub-paragraph (a) insert—
“(za) for ZA, when he leaves the port in which he entered the United Kingdom;”;
(v) after subsection (15), insert—
“(15A) In this section “port” has the same meaning as in section 4 of the UK Borders Act 2007”;
(vi) after paragraph (16), insert—
“(17) An immigration officer or constable may arrest without warrant ZA if ZA does not comply with a request from an authorised officer to take fingerprints at ZA’s port of entry into the United Kingdom.”;
(b) in paragraph (1) of regulation 3 (attendance to be photographed) for “may” substitute “must”.”

Type: Backbencher

Signatures: 1

Lord Swire (Con - Life peer) - 20 Jun 2025
Opposition Amendment

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 37 stand part of the Bill.

Type: Opposition

Signatures: 2

Lord Sharpe of Epsom (Con - Life peer)
Shadow Minister (Business and Trade)

Lord Davies of Gower (Con - Life peer)
Shadow Minister (Home Office)
Amendment 102A

Tabled: 08 Jul 2025
HL Bill 101-II(b) Amendments for Committee (Supplementary to the Second Marshalled List)

This amendment was WITHDRAWN

Clause 38, page 31, line 9, leave out “11” and insert “12”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer) - 08 Jul 2025

Member's explanatory statement

This amendment would add section 12 (period for which may be detained) to the list of sections of the Illegal Migration Act 2023 to be repealed.

Amendment 103

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

This amendment was WITHDRAWN

Clause 38, page 31, line 11, leave out “28” and insert “29”

Type: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

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”

Amendment 11

Tabled: 24 Jun 2025
HL Bill 101-I Marshalled list for Committee

NO DECISION has been made on this amendment

After paragraph (a) insert—
“(aa) addressing the factors which drive illegal migration to the United Kingdom from safe countries,”

Type: Backbencher

Signatures: 1

Viscount Goschen (Con - Excepted Hereditary) - 24 Jun 2025
Amendment None

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 3, insert the following new Clause- "Duty to meet the Executive Director of Europol The Commander must meet the Executive Director of Europol, or their delegate, no less than once every six months.”

Type: Backbencher

Signatures: 2

Baroness Ludford (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)
Amendment None

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 36, insert the following new Clause - “Mandatory referral for age assessment in criminal proceedings Where an individual who claims to be under 18 years of age is charged with an offence of illegal entry or facilitating illegal entry under immigration law, the Home Office must- (a) make an immediate mandatory referral to the relevant local authority for a comprehensive Merton-compliant age assessment, and (b) ensure that no prosecution proceeds until an assessment has been completed and the individual's age is confirmed."

Type: Backbencher

Signatures: 1

Baroness Brinton (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)
Amendment None

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 42, insert the following new Clause – "Refugee family reunion for children (1) This section applies to a person who- (a) has been granted refugee status or humanitarian protection in the United Kingdom, and (b) was under the age of 18 at the time of their asylum application. (2) A person to whom this section applies shall have the same right to sponsor family members for entry to the United Kingdom under refugee family reunion provisions as an adult refugee. (3) For the purposes of subsection (2), the following family members shall be eligible for family reunion— (a) the person's parents or legal guardians, (b) the person's siblings under the age of 18, and (c) any other family member where there are exceptional circumstances, including dependency or humanitarian need. (4) An application under this section shall be considered in accordance with the same criteria and procedures applicable to adult refugees applying for family reunion. (5) The Secretary of State shall issue guidance to ensure that applications under this provision are processed in a timely and child-sensitive manner, prioritising the best interests of the child.”

Type: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Lord German (LD - Life peer) - 03 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)
Amendment None

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – “Age assessments for immigration control purposes (1) Age assessments for immigration control purposes must be conducted by a qualified local authority social worker. (2) Age assessments for immigration control purposes must be carried out in accordance with the Association of Directors of Children's Services age assessment guidance or equivalent guidance in the devolved jurisdictions. (4) Age assessments for immigration control purposes must follow a process that ensures an impartial, multi-agency approach, drawing on a range of relevant expertise, including but not limited to professionals from healthcare, education, and child welfare, as necessary to ensure the child's best interests. This must specifically include consultation with- (a) Independent Child Trafficking Guardians (ICTGs), where appointed, and (b) local authority-appointed advocates. (5) Scientific methods for assessing age must not be used unless the Secretary of State obtains written approval from the relevant medical, dental, and scientific professional bodies confirming that the method is both ethical and has a high degree of accuracy in determining age. (6) Any body established to oversee or conduct age assessments for immigration control purposes must be operationally independent of the Home Office."

Type: Backbencher

Signatures: 1

Baroness Lister of Burtersett (Lab - Life peer) - 03 Jun 2025
Amendment None

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert 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: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Baroness Ludford (LD - Life peer) - 03 Jun 2025
Amendment None

Tabled: 03 Jun 2025
HL Bill 101 Running list of amendments - 3 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert 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 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: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 03 Jun 2025
Amendment None

Tabled: 10 Jun 2025
HL Bill 101 Running list of amendments - 10 June 2025

NO DECISION has been made on this amendment

After paragraph (a) insert— “(aa) addressing the factors which drive illegal migration to the United Kingdom from safe countries,”

Type: Backbencher

Signatures: 1

Viscount Goschen (Con - Excepted Hereditary) - 10 Jun 2025
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 45, insert 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: Backbencher

Signatures: 2

Lord German (LD - Life peer) - 17 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Brinton (LD - Life peer) - 17 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 45, insert the following new Clause "Granting the right to work to potential victims of human trafficking and modern slavery 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 potential victims of human trafficking and modern slavery with a positive reasonable grounds decision in the National Referral Mechanism to take up employment if they have waited more than three months for a conclusive grounds decision to be made."

Type: Backbencher

Signatures: 1

Lord German (LD - Life peer) - 17 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 45, insert the following new Clause – "Migrant domestic workers (1) The Secretary of State must amend the Immigration Rules to make provision for the matters in subsection (2). (2) All holders of domestic worker or diplomatic domestic worker visas, including those working for staff of diplomatic missions, must be entitled — (a) to change their employer (but not work sector) without restriction, but must register such change with the Home Office; (b) to renew their domestic worker or diplomatic domestic worker visa for a period of not less than 12 months, provided they are in employment at the date of application and able to support themselves without recourse to public funds, and to make successive applications; (c) to apply for leave to enter and remain for their spouse or partner and any child under the age of 18 for a period equivalent to the unexpired period of their visa and of any subsequent visa; (d) to be granted indefinite leave to remain after five continuous years of residence in the United Kingdom if at the date of application their employer proposes to continue their employment."

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 17 Jun 2025
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – "Age and safeguarding assessments at the port of entry (1) A person who claims to be a child must not be subject to a visual age assessment by Border Force officials solely for immigration control purposes. (2) Any such assessment must be conducted as part of a safeguarding determination to identify potential risks and support needs. (3) A visual age assessment at the port of entry must not result in the assignment of a specific chronological age to the individual. (4) Border Force officials may only determine whether, in their view, the person is a child or an adult. (5) Where there is doubt as to whether an individual is a child, the presumption must be that the individual is treated as a child unless and until a comprehensive age assessment is conducted by local authority social workers in accordance with Merton compliant age assessment procedures. (6) The Secretary of State must publish guidance on the implementation of this section, including- (a) the training and qualifications required for officials carrying out safeguarding assessments; (b) mechanisms for independent oversight and review of age determination decisions; (c) safeguards to ensure that no child is placed at risk as a result of incorrect age assessments at the port of entry."

Type: Backbencher

Signatures: 2

Baroness Lister of Burtersett (Lab - Life peer) - 17 Jun 2025
Baroness Neuberger (XB - Life peer) - 17 Jun 2025
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – “Age assessments for individuals claiming asylum (1) Age assessments for individuals claiming asylum must be conducted by a qualified local authority social worker. (2) Age assessments for individuals claiming asylum must be carried out in accordance with the Association of Directors of Children’s Services age assessment guidance or equivalent guidance in the devolved jurisdictions. (4) Age assessments for individuals claiming asylum must follow a process that ensures an impartial, multi-agency approach, drawing on a range of relevant expertise, including but not limited to professionals from healthcare, education, and child welfare, as necessary to ensure the child’s best interests. This must specifically include consultation with- (a) Independent Child Trafficking Guardians (ICTGs), where appointed, and (b) local authority-appointed advocates. (5) Scientific methods for assessing age must not be used unless the Secretary of State obtains written approval from the relevant medical, dental, and scientific professional bodies confirming that the method is both ethical and has a high degree of accuracy in determining age. (6) Any body established to oversee or conduct age assessments for individuals claiming asylum must be operationally independent of the Home Office.”

Type: Backbencher

Signatures: 2

Baroness Lister of Burtersett (Lab - Life peer) - 17 Jun 2025
Baroness Neuberger (XB - Life peer) - 17 Jun 2025
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following Clause – "Additional safe and legal routes The Secretary of State must, within six months of the passage of this Act, make regulations to - (a) provide an increased multi annual quota for the safe and legal route provided by the UK Resettlement Scheme through which refugees and other individuals requiring international protection can enter the UK lawfully, and (b) specify additional safe and legal routes under the UK Resettlement Scheme through which refugees and other individuals requiring international protection can enter the UK lawfully."

Type: Backbencher

Signatures: 2

Lord German (LD - Life peer) - 17 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Hamwee (LD - Life peer) - 17 Jun 2025
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert 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: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 17 Jun 2025
Lord German (LD - Life peer) - 17 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – "Mandatory referral for age assessment in criminal proceedings Where an individual who claims to be under 18 years of age is charged with an offence of illegal entry or facilitating illegal entry under immigration law, the Home Office must- (a) make an immediate mandatory referral to the relevant local authority for a comprehensive Merton-compliant age assessment, and (b) ensure that no prosecution proceeds until an assessment has been completed and the individual's age is confirmed.”

Type: Backbencher

Signatures: 1

Baroness Brinton (LD - Life peer) - 17 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – “Translation and interpreting services Immigrants and asylum seekers shall have the right, when needed, to professional, qualified translators and interpreters in relation to all oral and written communications concerning- (a) deportation, (b) detention, (c) control, (d) biometric data, (e) residency schemes and rules, (f) monitoring devices, (g) appeals, (h) accommodation, and (i) any other procedure mentioned in Part 2.”

Type: Backbencher

Signatures: 1

Baroness Coussins (XB - Life peer) - 17 Jun 2025
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – "Victims of slavery or human trafficking: leave to remain (1) Where a decision has been made by a competent authority that a person is a victim of slavery or human trafficking (a “positive conclusive grounds decision”), that person must be granted – (a) leave to remain lasting for a period of at least 60 months, and (b) access to support services and employment. (2) A person granted leave as a victim of trafficking and modern slavery will be eligible for settlement after 5 years.”

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 17 Jun 2025
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause- "Primacy of the Refugee Convention (1) The Asylum and Immigration Appeals Act 1993 is amended as follows. (2) For section 2 (Primacy of Convention) substitute - "2 Primacy of Convention (1) So far as it is possible to do so, primary legislation, subordinate legislation, immigration rules within the meaning of the 1971 Act, and guidance issued by the Secretary of State must be read and given effect in a way which is compatible with the Convention. (2) This section – (a) applies to primary legislation and subordinate legislation whenever enacted, immigration rules whenever laid, and guidance whenever issued, (b) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation, and (c) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility.” (3) After section 2 insert- "2A Declaration of Incompatibility (1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with the Convention. (2) If the court is satisfied that the provision is incompatible, it may make a declaration of that incompatibility. (3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with the Convention. (4) If the court is satisfied – (a) that the provision is incompatible with the Convention, and (b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility, it may make a declaration of that incompatibility. (5) In this section “court” means – (a) the Supreme Court, (b) in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session, or (c) in England and Wales or Northern Ireland, the High Court or the Court of Appeal. (6) A declaration under this section (“a declaration of incompatibility”) – (a) does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; (b) is not binding on the parties to the proceedings in which it is made.'"""

Type: Backbencher

Signatures: 1

Baroness Chakrabarti (Lab - Life peer) - 17 Jun 2025
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – “Amendment of section 31 of the Immigration and Asylum Act 1999 (1) Section 31 of the of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention) is amended as follows. (2) For subsection (1) substitute - “No one shall be found guilty of a criminal offence in contravention of Article 31 of the Refugee Convention.” (3) Omit subsections (2) to (11).”

Type: Backbencher

Signatures: 1

Baroness Chakrabarti (Lab - Life peer) - 17 Jun 2025
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 56, insert 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 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: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 17 Jun 2025
Amendment None

Tabled: 17 Jun 2025
HL Bill 101 Running list of amendments - 17 June 2025

NO DECISION has been made on this amendment

After Clause 56, insert 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: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 17 Jun 2025
Baroness Ludford (LD - Life peer) - 17 Jun 2025
Amendment None

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

Clause 43, page 38, line 30, at end insert— "(2A) In section 24(1) (illegal entry and similar offences), for the words from “on” to “both,” substitute “with deportation from the United Kingdom”.”

Type: Backbencher

Signatures: 3

Lord Anderson of Ipswich (XB - Life peer) - 23 Jun 2025
Lord Kirkhope of Harrogate (Con - Life peer) - 23 Jun 2025
Baroness Hamwee (LD - Life peer) - 23 Jun 2025
Amendment None

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 45, insert 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: Backbencher

Signatures: 2

Lord German (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Brinton (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)
Amendment None

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 45, insert the following new Clause – “Granting the right to work to potential victims of human trafficking and modern slavery 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 potential victims of human trafficking and modern slavery with a positive reasonable grounds decision in the National Referral Mechanism to take up employment if they have waited more than three months for a conclusive grounds decision to be made.”

Type: Backbencher

Signatures: 1

Lord German (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)
Amendment None

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 45, insert the following new Clause "Migrant domestic workers (1) The Secretary of State must amend the Immigration Rules to make provision for the matters in subsection (2). (2) All holders of domestic worker or diplomatic domestic worker visas, including those working for staff of diplomatic missions, must be entitled —

Type: Backbencher

Signatures: 1

Baroness Hamwee (LD - Life peer) - 23 Jun 2025
Opposition Amendment None

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

Clause 48, page 45, line 28, leave out subsections (3) to (8)

Type: Opposition

Signatures: 2

Lord Cameron of Lochiel (Con - Life peer) - 23 Jun 2025
Shadow Minister (Scotland)

Lord Davies of Gower (Con - Life peer) - 23 Jun 2025
Shadow Minister (Home Office)
Amendment None

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following Clause – "Additional safe and legal routes The Secretary of State must, within six months of the passage of this Act, make regulations to - (a) provide an increased multi annual quota for the safe and legal route provided by the UK Resettlement Scheme through which refugees and other individuals requiring international protection can enter the UK lawfully, and (b) specify additional safe and legal routes under the UK Resettlement Scheme through which refugees and other individuals requiring international protection can enter the UK lawfully."

Type: Backbencher

Signatures: 2

Lord German (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)

Baroness Hamwee (LD - Life peer) - 23 Jun 2025
Amendment None

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – "Refugee family reunion for children (1) This section applies to a person who- (a) has been granted refugee status or humanitarian protection in the United Kingdom, and (b) was under the age of 18 at the time of their asylum application. (2) A person to whom this section applies shall have the same right to sponsor family members for entry to the United Kingdom under refugee family reunion provisions as an adult refugee. (3) For the purposes of subsection (2), the following family members shall be eligible for family reunion- (a) the person's parents or legal guardians, (b) the person's siblings under the age of 18, and (c) any other family member where there are exceptional circumstances, including dependency or humanitarian need. (4) An application under this section shall be considered in accordance with the same criteria and procedures applicable to adult refugees applying for family reunion. (5) The Secretary of State shall issue guidance to ensure that applications under this provision are processed in a timely and child-sensitive manner, prioritising the best interests of the child."

Type: Backbencher

Signatures: 2

Baroness Hamwee (LD - Life peer) - 23 Jun 2025
Lord German (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Immigration)
Amendment None

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause- "Mandatory referral for age assessment in criminal proceedings Where an individual who claims to be under 18 years of age is charged with an offence of illegal entry or facilitating illegal entry under immigration law, the Home Office must- (a) make an immediate mandatory referral to the relevant local authority for a comprehensive Merton-compliant age assessment, and (b) ensure that no prosecution proceeds until an assessment has been completed and the individual’s age is confirmed.”

Type: Backbencher

Signatures: 1

Baroness Brinton (LD - Life peer) - 23 Jun 2025
Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)
Amendment None

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – "Translation and interpreting services Immigrants and asylum seekers shall have the right, when needed, to professional, qualified translators and interpreters in relation to all oral and written communications concerning- (a) deportation, (b) detention, (c) control, (d) biometric data, (e) residency schemes and rules, (f) monitoring devices, (g) appeals, (h) accommodation, and (i) any other procedure mentioned in Part 2."

Type: Backbencher

Signatures: 3

Baroness Coussins (XB - Life peer) - 23 Jun 2025
Baroness Hamwee (LD - Life peer) - 23 Jun 2025
Baroness Jones of Moulsecoomb (Green - Life peer) - 23 Jun 2025
Amendment None

Tabled: 23 Jun 2025
HL Bill 101 Running list of amendments – 23 June 2025

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – "Primacy of the Refugee Convention (1) The Asylum and Immigration Appeals Act 1993 is amended as follows. (2) For section 2 (Primacy of Convention) substitute- "2 Primacy of Convention (1) So far as it is possible to do so, primary legislation, subordinate legislation, immigration rules within the meaning of the 1971 Act, and guidance issued by the Secretary of State must be read and given effect in a way which is compatible with the Convention. (2) This section – (a) applies to primary legislation and subordinate legislation whenever enacted, immigration rules whenever laid, and guidance whenever issued, (b) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation, and (c) does not does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility.” (3) After section 2 insert- "2A Declaration of Incompatibility (1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with the Convention. (2) If the court is satisfied that the provision is incompatible, it may make a declaration of that incompatibility. (3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with the Convention. (4) If the court is satisfied – (a) that the provision is incompatible with the Convention, and (b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility, it may make a declaration of that incompatibility. (5) In this section “court” means – (a) the Supreme Court, (b) in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session, or (c) in England and Wales or Northern Ireland, the High Court or the Court of Appeal. (6) A declaration under this section (“a declaration of incompatibility”) – (a) does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; (b) is not binding on the parties to the proceedings in which it is made.””

Type: Backbencher

Signatures: 1

Baroness Chakrabarti (Lab - Life peer) - 23 Jun 2025
Amendment None

Tabled: 02 Jul 2025
HL Bill 101-I(c) Amendments for Committee (Supplementary to the Marshalled List)

NO DECISION has been made on this amendment

After Clause 48, insert the following new Clause – "Ukrainian Family Scheme: settlement Within six months of the day on which this Act is passed, the Secretary of State must amend Immigration Rules to ensure that individuals on the Ukraine Family Scheme are eligible for settled status after five years of lawful residence.”

Type: Backbencher

Signatures: 1

Lord Alton of Liverpool (XB - Life peer) - 02 Jul 2025