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.

The information below was generated through an automated process and is for information purposes only.

This is not the latest version of the Bill

Available Versions

17 Nov 2025
Ping: Pong
Bill 332 2024-26 (Lords Amendments to the BIll) - xml download
(42 amendments)
Date Debate
Wednesday 19th November 2025 Consideration of Lords amendments
Wednesday 19th November 2025 Programme motionProgramme (No. 2) Motion
11 Nov 2025
Lords: Third
HL Bill 146 (as amended on Report)
(0 amendments)
13 Oct 2025
Lords: Report
HL Bill 136 (as amended in Committee)
(105 amendments)
Date Debate
Wednesday 5th November 2025 Report stage
Monday 3rd November 2025 Report stage
Tuesday 28th October 2025 Report stage
13 May 2025
Lords: Committee
HL Bill 101 (as brought from the Commons)
(281 amendments)
Date Debate
Monday 8th September 2025 Committee stage
Wednesday 3rd September 2025 Committee stage: Part 2
Wednesday 3rd September 2025 Committee stage: Part 1
Thursday 10th July 2025 Committee stage: Part 2
Thursday 10th July 2025 Committee stage: Part 1
Tuesday 8th July 2025 Committee stage part two
Tuesday 8th July 2025 Committee stage part one
Thursday 26th June 2025 Committee stage
19 Mar 2025
Commons: Report
Bill 205 2024-25 (as amended in Public Bill Committee)
(84 amendments)
Date Debate
Monday 12th May 2025 Report stage
30 Jan 2025
Commons: Committee
Bill 173 2024-25 (as introduced)
(69 amendments)
Date Debate
Tuesday 18th March 2025 Committee stage: 12th Sitting
Tuesday 18th March 2025 Committee stage: 11th Sitting
Thursday 13th March 2025 Committee stage: 10th sitting
Thursday 13th March 2025 Committee stage: 9th sitting
Tuesday 11th March 2025 Committee stage: 8th sitting
Tuesday 11th March 2025 Committee stage: 7th sitting
Thursday 6th March 2025 Committee stage: 6th Sitting
Thursday 6th March 2025 Committee stage: 5th Sitting
Tuesday 4th March 2025 Committee stage: 4th sitting
Tuesday 4th March 2025 Committee stage: 3rd sitting
Thursday 27th February 2025 Committee stage: 2nd Sitting
Thursday 27th February 2025 Committee stage: 1st Sitting

Relevant Documents

Bill PDF
HL Bill 146 (as amended on Report)
Explanatory Note
HL Bill 101 Explanatory Notes
Impact Assessment
Economic Note on Online advertising of unlawful immigration services offence from the Home Office

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Page 1

Part 1

 

Border security

 

Chapter 1

 

The Border Security 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.
 
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.
 
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).
 
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: things for use in immigration crime and advertising of unlawful immigration

5

services

 
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
10
 
to be used by any person in connection with an offence under section
 
 
24 or 25 of the Immigration Act 1971 (illegal entry etc and assisting
 
 
unlawful immigration).
 
 
(2)
A person (“P”) commits an offence if—
 
 
(a)
P is concerned in the supplying of, or the making of an offer to supply,
15
 
a relevant article to another person, and
 
 
(b)
at any time when P is concerned in that act, P knows that the relevant
 
 
article is to be used by any person in connection with an offence under
 
 
section 24 or 25 of the Immigration Act 1971.
 
 
(3)
It is a defence for a person charged with an offence under this section to
20
 
show that they had a reasonable excuse for the action mentioned in subsection
 
 
(1) (a) or (2) (a) (as the case may be).
 
 
(4)
The cases in which a person has a reasonable excuse for the purposes of
 
 
subsection (3) include (but are not limited to) those in which—
 
 
(a)
their action was for the purposes of carrying out a rescue of a person
25
 
from danger or serious harm, or
 
 
(b)
they were acting on behalf of an organisation which—
 
 
(i)
aims to assist asylum-seekers, and
 
 
(ii)
does not charge for its services.
 
 
(5)
A person is regarded as having shown that they had a reasonable excuse for
30
 
their action if—
 
 
(a)
sufficient evidence of that matter is adduced to raise an issue with
 
 
respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(6)
A person who commits an offence under this section is liable on conviction
35
 
on indictment to imprisonment for a term not exceeding 14 years.
 
 
(7)
In this section and sections 14 and 16 “asylum-seeker” means a person who
 
 
intends to claim that to remove them from or require them to leave the United
 
 
Kingdom would be contrary to the United Kingdom’s obligations under—
 

Page 8

 
(a)
the Refugee Convention (within the meaning given by section 167(1)
 
 
of the Immigration and Asylum Act 1999), or
 
 
(b)
the Human Rights Convention (within the meaning given by that
 
 
section).
 
14
Handling articles for use in immigration crime
5
 
(1)
A person (“P”) commits an offence if, in the circumstances mentioned in
 
 
subsection (2) —
 
 
(a)
P receives or arranges to receive a relevant article from another person,
 
 
(b)
P removes or disposes of a relevant article for the benefit of another
 
 
person, or
10
 
(c)
P assists another person to remove or dispose of a relevant article.
 
 
(2)
Those circumstances are where, at the time P does the act mentioned in
 
 
subsection (1) , P knows or suspects that the relevant article has been, is being,
 
 
or is to be used by P or any other person in connection with an offence under
 
 
section 24 or 25 of the Immigration Act 1971.
15
 
(3)
A person (“P”) commits an offence if, in the circumstances mentioned in
 
 
subsection (4) , P is concerned in—
 
 
(a)
the receipt of, or the arranging to receive, a relevant article from
 
 
another person, or
 
 
(b)
the removal or disposal of a relevant article for the benefit of another
20
 
person.
 
 
(4)
Those circumstances are where, at any time when P is concerned in an act
 
 
as mentioned in subsection (3) , P knows that the relevant article has been, is
 
 
being, or is to be used by P or any other person in connection with an offence
 
 
under section 24 or 25 of the Immigration Act 1971.
25
 
(5)
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) or (3) (as the case may be).
 
 
(6)
The cases in which a person has a reasonable excuse for the purposes of
 
 
subsection (5) include (but are not limited to) those in which—
30
 
(a)
their action was for the purposes of carrying out a rescue of a person
 
 
from danger or serious harm, or
 
 
(b)
they were acting on behalf of an organisation which—
 
 
(i)
aims to assist asylum-seekers, and
 
 
(ii)
does not charge for its services.
35
 
(7)
A person is regarded as having shown that they had a reasonable excuse for
 
 
their action if—
 
 
(a)
sufficient evidence of that matter is adduced to raise an issue with
 
 
respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
40

Page 9

 
(8)
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
 
 
than—
5
 
(a)
food or drink,
 
 
(b)
anything designed for use in connection with the preparation, supply,
 
 
consumption or storage of food or drink,
 
 
(c)
a medicinal product or medical equipment,
 
 
(d)
any thing or substance designed for use for the purposes of personal
10
 
cleanliness or personal hygiene,
 
 
(e)
clothing,
 
 
(f)
bedding,
 
 
(g)
a tent or other form of temporary shelter,
 
 
(h)
anything designed solely or principally to preserve the life of a person
15
 
in distress at sea, or
 
 
(i)
anything designed solely or principally to enable a person in distress
 
 
at sea to signal for help.
 
 
(2)
In subsection (1) —
 
 
(a)
paragraph (d) does not include—
20
 
(i)
anything which is or includes a blade or sharp point,
 
 
(ii)
any thing or substance in a glass container, or
 
 
(iii)
any thing or substance in an aerosol container;
 
 
(b)
paragraphs (g) and (h) do not include a vessel designed to be used
 
 
for transportation by water.
25
 
(3)
The Secretary of State may by regulations amend this section so as to—
 
 
(a)
add to the list of things and substances for the time being specified
 
 
in subsection (1) as things and substances which are not relevant
 
 
articles;
 
 
(b)
make provision which is consequential on provision made under
30
 
paragraph (a) .
 
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
35
 
to a person organising or preparing for a relevant journey or part of
 
 
such a journey,
 
 
(b)
P possesses a document or record containing information of that kind,
 
 
or
 

Page 10

 
(c)
P views, or otherwise accesses, by means of the internet a document
 
 
or record containing information of that kind.
 
 
(2)
Those circumstances are where there is a reasonable suspicion that the record
 
 
or document, or any information contained in it, will be used by P or any
 
 
other person in organising or preparing for a relevant journey or part of such
5
 
a journey.
 
 
(3)
The cases in which P collects or makes a record for the purposes of subsection
 
 
(1) (a) include (but are not limited to) those in which P does so by means of
 
 
the internet (whether by downloading the record or otherwise).
 
 
(4)
For the purposes of this section information may be useful for a particular
10
 
purpose whether or not it may also be useful to members of the public at
 
 
large for any purpose.
 
 
(5)
In this section “relevant journey” means a journey involving the transportation
 
 
of one or more individuals from any place outside the United Kingdom to
 
 
any place within the United Kingdom, where the entry of any of those
15
 
individuals into the United Kingdom, or the arrival of any of those individuals
 
 
in the United Kingdom, would constitute an offence under section 24 of the
 
 
Immigration Act 1971.
 
 
(6)
It is a defence for a person charged with an offence under this section to
 
 
show that their action or possession was for the purposes of a journey to be
20
 
made only by them.
 
 
(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
25
 
subsection (7) include (but are not limited to) those in which—
 
 
(a)
at the time of the person's action or possession the person did not
 
 
know, and had no reason to believe, that the document or record in
 
 
question contained, or was likely to contain, information of a kind
 
 
likely to be useful to a person organising or preparing for a relevant
30
 
journey or part of such a journey,
 
 
(b)
the person’s action or possession was for the purposes of—
 
 
(i)
organising or preparing for a journey other than a relevant
 
 
journey,
 
 
(ii)
carrying out work as a journalist,
35
 
(iii)
academic research,
 
 
(iv)
carrying out, or preparing for the carrying out of, a rescue of
 
 
a person from danger or serious harm, or
 
 
(v)
providing, or preparing for the provision of, medical care or
 
 
emergency shelter or supplies, or
40
 
(c)
the person was acting on behalf of an organisation which—
 
 
(i)
aims to assist asylum-seekers, and
 
 
(ii)
does not charge for its services.
 

Page 11

 
(9)
Where, in accordance with subsection (6) or (7) , it is a defence for a person
 
 
charged with an offence to show a particular matter, they are regarded as
 
 
having shown the matter if—
 
 
(a)
sufficient evidence of that matter is adduced to raise an issue with
 
 
respect to it, and
5
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(10)
A person who commits an offence under this section is liable on conviction
 
 
on indictment to imprisonment for a term not exceeding 5 years.
 
 
(11)
In this section “record” includes a photographic or electronic record.
 
17
Online advertising of unlawful immigration services
10
 
(1)
A person commits an offence if—
 
 
(a)
the person creates, or causes the creation of, material whose purpose
 
 
is, or effect will be, to promote an unlawful immigration service, and
 
 
(b)
the person knows or has reason to suspect—
 
 
(i)
that the material will be published on an internet service, and
15
 
(ii)
that the material has that purpose or will have that effect.
 
 
(2)
A person commits an offence if—
 
 
(a)
the person publishes material on an internet service or causes the
 
 
publication of material on such a service,
 
 
(b)
the purpose of the material is, or the effect of the material will be, to
20
 
promote an unlawful immigration service, and
 
 
(c)
the person knows or has reason to suspect—
 
 
(i)
that they are publishing the material or (as the case may be)
 
 
that they are causing its publication, and
 
 
(ii)
that the material has that purpose or will have that effect.
25
 
(3)
It is a defence for a person charged with an offence under this section to
 
 
prove that the person’s action was for the purposes of—
 
 
(a)
carrying out, or facilitating the carrying out of, work as a journalist,
 
 
or
 
 
(b)
the publication of academic research.
30
 
(4)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction in England and Wales, to imprisonment for
 
 
a term not exceeding the general limit in a magistrates’ court or a fine
 
 
(or both);
 
 
(b)
on summary conviction in Scotland, to imprisonment for a term not
35
 
exceeding 12 months or a fine not exceeding the statutory maximum
 
 
(or both);
 
 
(c)
on summary conviction in Northern Ireland, to imprisonment for a
 
 
term not exceeding 6 months or a fine not exceeding the statutory
 
 
maximum (or both);
40

Page 12

 
(d)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
5 years or a fine (or both).
 
 
(5)
In this section “material” means anything which consists of or includes—
 
 
(a)
text or moving or still images, or
 
 
(b)
speech or music.
5
 
(6)
In this section—
 
 
(a)
“unlawful immigration service” means a service whose purpose is to
 
 
facilitate the commission of—
 
 
(i)
an offence under any of the Immigration Acts,
 
 
(ii)
a breach of immigration law (other than such an offence), or
10
 
(iii)
an offence under section 4, 5 or 6 of the Identity Documents
 
 
Act 2010 in relation to an identity document within any of
 
 
paragraphs (a) to (c) of section 7(1) of that Act,
 
 
whether by providing goods or services, or both, or anything else;
 
 
(b)
“immigration law” has the meaning given by section 25(2) of the
15
 
Immigration Act 1971.
 
 
(7)
In this section “publish” means make available to the public at large or any
 
 
section of the public, whether or not in return for payment or any other form
 
 
of consideration.
 
 
(8)
In this section “internet service” means a service that is made available by
20
 
means of—
 
 
(a)
the internet, or
 
 
(b)
a combination of the internet and an electronic communications service
 
 
(as defined by section 32(2) of the Communications Act 2003).
 
 
(9)
This section is subject to section 18 .
25
18
Application of
 
 
(1)
An internet service provider does not commit an offence under section 17
 
 
by—
 
 
(a)
providing access to a communication network, or
 
 
(b)
transmitting, in a communication network, information provided by
30
 
a user, if the provider does not—
 
 
(i)
initiate the transmission,
 
 
(ii)
select the recipient of the transmission, or
 
 
(iii)
select or modify the information contained in the transmission.
 
 
(2)
The references in subsection (1) to providing access to, or transmitting
35
 
information in, a communication network include storing the information
 
 
transmitted so far as the storage—
 
 
(a)
is automatic, intermediate and transient,
 
 
(b)
is solely for the purpose of carrying out the transmission in the
 
 
network, and
40

Page 13

 
(c)
is for no longer than is reasonably necessary for the transmission.
 
 
(3)
An internet service provider does not commit an offence under section 17 by
 
 
storing information provided by a user for transmission in a communication
 
 
network if—
 
 
(a)
the storage of the information—
5
 
(i)
is automatic, intermediate and temporary, and
 
 
(ii)
is solely for the purpose of making more efficient the onward
 
 
transmission of the information to other users at their request,
 
 
and
 
 
(b)
the internet service provider—
10
 
(i)
does not modify the information,
 
 
(ii)
complies with any conditions attached to having access to the
 
 
information, and
 
 
(iii)
on obtaining actual knowledge of a matter within subsection
 
 
(4) , promptly removes the information or disables access to it.
15
 
(4)
The matters within this subsection are that—
 
 
(a)
the information at the initial source of the transmission has been
 
 
removed from the network,
 
 
(b)
access to it has been disabled, or
 
 
(c)
a court or administrative authority has ordered the removal from the
20
 
network of, or the disablement of access to, the information.
 
 
(5)
An internet service provider does not commit an offence under section 17 by
 
 
storing information provided by a user who is not acting under the authority
 
 
or control of the provider if—
 
 
(a)
the provider had no actual knowledge when the information was
25
 
provided that it was, or contained, material whose purpose was, or
 
 
effect would be, to promote an unlawful immigration service, and
 
 
(b)
on obtaining actual knowledge that the information was, or contained,
 
 
such material, the provider promptly removed the information or
 
 
disabled access to it.
30
 
(6)
Section 17 (5) and (6) applies for the purposes of this section.
 
 
(7)
In this section—
 
 
“internet service provider” means a provider of—
 
 
(a)
a service that is made available by means of the internet, or
 
 
(b)
a service that provides access to the internet;
35
 
“user” , in relation to an internet service provider, means a user of a
 
 
service provided by the internet service provider.
 
19
Liability for offence under
 
 
(1)
This section applies where an offence under section 17 is committed by a
 
 
body.
40

Page 14

 
(2)
If the offence is committed with the consent or connivance of a person (“P”)
 
 
who is—
 
 
(a)
a relevant person in relation to the body, or
 
 
(b)
a person purporting to act in the capacity of a relevant person in
 
 
relation to the body,
5
 
P (as well as the body) commits the offence and is liable to be proceeded
 
 
against and punished accordingly.
 
 
(3)
In this section—
 
 
“body” means a body corporate, a partnership or an unincorporated
 
 
association other than a partnership;
10
 
“relevant person” , in relation to a body, means—
 
 
(a)
in the case of a body corporate other than one whose affairs
 
 
are managed by its members, a director, manager, secretary or
 
 
other similar officer of the body;
 
 
(b)
in the case of a limited liability partnership or other body
15
 
corporate whose affairs are managed by its members, a member
 
 
who exercises functions of management with respect to it;
 
 
(c)
in the case of a limited partnership, a general partner (within
 
 
the meaning given by section 3 of the Limited Partnerships
 
 
Act 1907);
20
 
(d)
in the case of any other partnership, a partner;
 
 
(e)
in the case of an unincorporated association other than a
 
 
partnership, a person who exercises functions of management
 
 
with respect to it.
 
20
Offences committed outside the United Kingdom
25
 
(1)
Section 13 (1) or (2) , 14 (1) or (3) , 16 (1) or 17 (1) or (2) applies to things done
 
 
inside or outside the United Kingdom, regardless of—
 
 
(a)
the nationality of the person by whom they are done, or
 
 
(b)
whether they are done by a body formed under the law of any part
 
 
of the United Kingdom or the law of any other country or territory.
30
 
(2)
Where an offence under section 13 , 14 , 16 or 17 is committed outside the
 
 
United Kingdom—
 
 
(a)
proceedings for the offence may be taken at any place in the United
 
 
Kingdom, and
 
 
(b)
the offence may for all incidental purposes be treated as having been
35
 
committed at any such place.
 
 
(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
40
 
(b)
in such sheriff court district as the Lord Advocate may determine.
 

Page 15

 
(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
5
 
under section 13 , 14 , 16 or 17 .
 

Endangering another during sea crossing to United Kingdom

 
21
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) .
10
 
(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
15
 
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
20
 
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,
25
 
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
30
 
it is not covered by water at that time.”
 
 
(3)
In subsection (F1)—
 
 
(a)
in the words before paragraph (a), for “(E1)” substitute “ (E1A) ”;
 
 
(b)
in paragraph (d), after sub-paragraph (ii) insert—
 
 
“(iii)
for an offence under subsection (E1A) committed
35
 
in connection with an offence under subsection
 
 
(A1), to imprisonment for a term not exceeding
 
 
six years or a fine (or both);
 
 
(iv)
for an offence under subsection (E1A) committed
 
 
in connection with an offence under subsection
40

Page 16

 
(B1), (D1) or (E1), to imprisonment for a term
 
 
not exceeding five years or a fine (or both).”
 
 
(4)
In subsection (3), after “(E1)” insert “, (E1A) ”.
 
 
(5)
In subsection (4), for “under subsection (B1) above of” substitute “under
 
 
subsection (B1) or (E1A) in relation to”.
5
 
(6)
In subsection (5), for “under subsection (D1) above of” substitute “under
 
 
subsection (D1) or (E1A) in relation to”.
 
 
(7)
After subsection (5) insert—
 
 
“(6)
Subsection (E1A) applies to acts carried out inside or outside the
 
 
United Kingdom.”
10
 
(8)
After subsection (6) (as inserted by subsection (7) ) insert—
 
 
“(7)
If, on the trial of a person charged with an offence under subsection
 
 
(E1A) in connection with the commission of an offence under
 
 
subsection (A1), (B1), (D1) or (E1), a magistrates’ court, sheriff or jury
 
 
finds the person not guilty of the offence charged, the magistrates’
15
 
court, sheriff or jury may find the person guilty of an offence under
 
 
subsection (A1), (B1), (D1) or (E1) as the case may be.”
 
 
(9)
In the Immigration Act 1971—
 
 
(a)
in section 28B(5) (search and arrest by warrant), after “(E1)” insert “,
 
 
(E1A) ”;
20
 
(b)
in section 28D(4) (entry and search of premises), after “(E1)” insert “,
 
 
(E1A) ”;
 
 
(c)
in section 28Q(1) (interpretation of Part 3A), in paragraph (a) of the
 
 
definition of “relevant offence”, for “or (E1),” substitute “, (E1) or
 
 
(E1A) ,”.
25
 
(10)
In the Nationality, Immigration and Asylum Act 2002—
 
 
(a)
in section 129(1) (duty on local authority to disclose information on
 
 
suspected immigration offences), in paragraph (a), after “(E1)” insert
 
 
“, (E1A) ”;
 
 
(b)
in section 134(1) (duty on employer to disclose information on
30
 
suspected immigration offences), in paragraph (a), after “(E1)” insert
 
 
“, (E1A) ”.
 

Powers of search etc in relation to electronic devices

 
22
Meaning of key expressions
 
 
(1)
This section defines key expressions used in this section and sections 23 to
35
 
26 .
 
 
(2)
“Relevant person” means a person who—
 

Page 17

 
(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.
5
 
(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,
10
 
(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
15
 
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.
20
 
(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—
25
 
(a)
an immigration officer,
 
 
(b)
a constable of a police force maintained by a local policing body,
 
 
(c)
a constable of the Police Service of Scotland,
 
 
(d)
a constable of the Police Service of Northern Ireland, or
 
 
(e)
an NCA officer,
30
 
(and see also section 28 ).
 
 
(7)
For the meaning of other expressions used in this section, see section 29 .
 
23
Powers of authorised officers to search for relevant articles
 
 
(1)
An authorised officer may search a relevant person for any relevant article
 
 
if the officer has reasonable grounds to suspect that the relevant person is in
35
 
possession of a relevant article.
 
 
(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 22 (3) .
 
 
(3)
The power of an authorised officer to search a person under subsection (1) —
40

Page 18

 
(a)
authorises the search of the person’s mouth, and
 
 
(b)
authorises the officer to require the person to remove an outer coat,
 
 
jacket or glove (but no other clothing).
 
 
(4)
An authorised officer may search property for any relevant article if the officer
 
 
has reasonable grounds to suspect that the property—
5
 
(a)
is or has been in the possession of a relevant person, and
 
 
(b)
contains or includes a relevant article.
 
 
(5)
An authorised officer may search premises for any relevant article if—
 
 
(a)
the officer is lawfully on the premises,
 
 
(b)
the officer has reasonable grounds to suspect that a relevant article
10
 
that is or has been in the possession of a relevant person is on the
 
 
premises, and
 
 
(c)
the relevant person was on the premises when, or immediately before,
 
 
an authorised officer encountered the person.
 
 
(6)
An authorised officer may search a vehicle or container for any relevant article
15
 
if—
 
 
(a)
the officer has reasonable grounds to suspect that a relevant article
 
 
that is or has been in the possession of a relevant person is in the
 
 
vehicle or container, and
 
 
(b)
either—
20
 
(i)
the officer has reasonable grounds to suspect that the relevant
 
 
person was in the vehicle or container at the time of their
 
 
arrival in the United Kingdom or at any time during a journey
 
 
which ended with their arrival in the United Kingdom, or
 
 
(ii)
the relevant person was in the vehicle or container when, or
25
 
immediately before, an authorised officer encountered the
 
 
person.
 
 
(7)
A constable may exercise a power to search under this section only if the
 
 
search is authorised by a police officer of at least the rank of inspector.
 
 
(8)
If an inspector gives an authorisation under subsection (7) , the inspector must,
30
 
as soon as it is practicable to do so, cause an officer of at least the rank of
 
 
superintendent to be informed.
 
 
(9)
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.
35
 
(10)
If an NCA officer gives an authorisation under subsection (9) , 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.
 
 
(11)
A constable or an NCA officer may use reasonable force, if necessary, in the
 
 
exercise of a power under this section.
40
 
(12)
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
 

Page 19

 
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.
 
24
Powers to seize and retain relevant articles
 
 
(1)
An authorised officer may seize any relevant article that—
5
 
(a)
is found on a search carried out under section 23 , 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.
10
 
(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)
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
15
 
is equivalent to the rank of inspector.
 
 
(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 at or above
 
 
a grade that is equivalent to the rank of superintendent to be informed.
 
 
(6)
A constable or an NCA officer may use reasonable force, if necessary, in the
20
 
exercise of a power under subsection (1) .
 
 
(7)
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
25
 
meaning of that Schedule.
 
 
(8)
A relevant article seized by a constable or an NCA officer under subsection
 
 
(1) may be given by a constable or an NCA officer to an immigration officer
 
 
or the Secretary of State.
 
 
(9)
A relevant article seized under subsection (1) or given under subsection (8) —
30
 
(a)
may be retained by an authorised officer or the Secretary of State for
 
 
so long as the authorised officer or the Secretary of State considers its
 
 
retention necessary—
 
 
(i)
for the purposes of accessing, examining or copying information
 
 
stored on the article as mentioned in section 26 , or
35
 
(ii)
for use in proceedings for an offence;
 
 
(b)
must, subject to subsections (8) and (11) and section 25 , be returned
 
 
when paragraph (a) ceases to apply in relation to it.
 
 
(10)
A relevant article which must be returned in accordance with subsection (9) (b)
 
 
must be returned—
40

Page 20

 
(a)
to the person from whom it was seized, or
 
 
(b)
if there is no such person, to the person who an authorised officer
 
 
reasonably believes was last in possession of the article before it was
 
 
seized.
 
 
(11)
Subsection (12) , (13) , (14) or (16) applies (as the case may be) to a relevant
5
 
article to which subsection (9) (a) ceases to apply if—
 
 
(a)
there is no person to whom it can be returned in accordance with
 
 
subsection (10) , and
 
 
(b)
it is not required to be dealt with in accordance with section 25 .
 
 
(12)
If the relevant article is in the possession of an immigration officer or the
10
 
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.
 
 
(13)
If the relevant article is in the possession of a constable of a police force
 
 
maintained by a local policing body, or of an NCA officer, it must be disposed
 
 
of in accordance with the Police (Property) Act 1897, and any regulations
15
 
under that Act, as if it were property that has come into the possession of
 
 
the constable or NCA officer in connection with the investigation of a
 
 
suspected offence.
 
 
(14)
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
20
 
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 (9) (a) of
 
 
this section ceased to apply to it.
25
 
(15)
In the application of Part 6 of that Act in relation to a relevant article by
 
 
virtue of subsection (14) , references in that Part to action which may or must
 
 
be taken in relation to the finder of property are to be disregarded.
 
 
(16)
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
30
 
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.
 
25
Duty to pass on items seized under section
 
 
(1)
This section applies if—
35
 
(a)
an immigration officer retains a relevant article under section 24 (9) (a) ,
 
 
and
 
 
(b)
the immigration officer reasonably believes that the article or
 
 
information stored on it has been obtained in consequence of the
 
 
commission of, or is evidence in relation to, an offence other than an
40
 
immigration offence (a “relevant offence”).
 

Page 21

 
(2)
Subject to subsection (3) , the immigration officer must, as soon as is reasonably
 
 
practicable after forming the belief mentioned in subsection (1) (b) , notify a
 
 
person who the immigration officer thinks has functions in relation to the
 
 
investigation of the relevant offence.
 
 
(3)
If the immigration officer reasonably believes that the relevant article or
5
 
information stored on it has also been obtained in consequence of the
 
 
commission of, or is evidence in relation to, an immigration offence—
 
 
(a)
subsection (2) does not apply, and
 
 
(b)
the immigration officer may notify a person who the immigration
 
 
officer thinks has functions in relation to the investigation of the
10
 
relevant offence.
 
 
(4)
A person notified under this section that a relevant article is being retained
 
 
by an immigration officer must, as soon as is reasonably practicable after
 
 
being so notified, inform the immigration officer whether the person will
 
 
accept the article.
15
 
(5)
The person may inform the immigration officer that the person will not accept
 
 
the relevant article only if—
 
 
(a)
the person does not think the article or information stored on it has
 
 
been obtained in consequence of the commission of, or is evidence in
 
 
relation to, an offence,
20
 
(b)
the person does not have functions in relation to the investigation of
 
 
the relevant offence, or
 
 
(c)
the person thinks that it would be more appropriate for the relevant
 
 
offence to be investigated by another person with such functions.
 
 
(6)
If the person informs the immigration officer that the person will accept the
25
 
relevant article, the immigration officer must give it to the person as soon as
 
 
is reasonably practicable.
 
 
(7)
Once the relevant article has been given as mentioned in subsection (6) , any
 
 
provision of an enactment which applies to items seized or taken away by
 
 
the person applies to the article as if it had been seized or taken away by the
30
 
person for the purposes of the investigation of the relevant offence.
 
 
(8)
If the person informs the immigration officer that the person will not accept
 
 
the relevant article because subsection (5) (a) applies, the immigration officer
 
 
must, as soon as is reasonably practicable, decide whether to continue to
 
 
retain the relevant article under section 24 (9) .
35
 
(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
40
 
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 24 (9) .
 

Page 22

 
(10)
Where a relevant article to which this section applies or information stored
 
 
on such an article has been obtained in consequence of the commission of,
 
 
or is evidence in relation to, more than one offence other than an immigration
 
 
offence, references in this section to the relevant offence are to any of those
 
 
offences.
5
 
(11)
A function conferred or imposed by this section on an immigration officer
 
 
may be exercised by any other immigration officer.
 
 
(12)
This section applies to a relevant article retained under section 24 (9) (a) by
 
 
the Secretary of State as it applies to a relevant article retained under that
 
 
provision by an immigration officer.
10
 
(13)
In the application of this section by virtue of subsection (12) , references to an
 
 
immigration officer (other than in subsection (11) ) are to be read as references
 
 
to the Secretary of State.
 
 
(14)
In this section—
 
 
“enactment” includes—
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,
20
 
a Measure or Act of Senedd Cymru, and
 
 
(d)
an enactment contained in, or in an instrument made under,
 
 
Northern Ireland legislation;
 
 
“immigration offence” means an offence which relates to an immigration
 
 
or nationality matter.
25
26
Powers to access, copy and use information stored on relevant articles
 
 
(1)
An authorised officer or the Secretary of State may—
 
 
(a)
access and examine any information stored on a relevant article that
 
 
is retained under section 24 (9) (a) ;
 
 
(b)
copy and retain any information stored on the relevant article that
30
 
relates, or may relate, to the commission (whether in the past or future)
 
 
of an offence under section 25 or 25A of the Immigration Act 1971;
 
 
(c)
use any information retained under paragraph (b) for a purpose
 
 
relating to the prevention, detection, investigation or prosecution of
 
 
such an offence.
35
 
(2)
A constable may access, examine, copy, retain or use information under
 
 
subsection (1) only if the accessing, examination, copying, retention or use of
 
 
the information is authorised by a police officer of at least the rank of
 
 
inspector.
 
 
(3)
If an inspector gives an authorisation under subsection (2) , the inspector must,
40
 
as soon as it is practicable to do so, cause an officer of at least the rank of
 
 
superintendent to be informed.
 

Page 23

 
(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
5
 
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.
 
27
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 (x) (inserted by
10
 
the Public Authorities (Fraud, Error and Recovery) Act 2025) insert—
 
 
“(y)
section 24 (9) to (16) of the Border Security, Asylum and
 
 
Immigration Act 2025.”
 
 
(3)
In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act
 
 
applies), after paragraph 73X (inserted by the Football Governance Act 2025)
15
 
insert—
 
 
“Border Security, Asylum and Immigration Act 2025
 
 
73Y
The power of seizure conferred by section 24 (1) of the Border
 
 
Security, Asylum and Immigration Act 2025.”
 
 
(4)
In Part 2 of Schedule 1 (powers of seizure to which section 51 of the Act
20
 
applies), after paragraph 83B insert—
 
 
“Border Security, Asylum and Immigration Act 2025
 
 
83C
The power of seizure conferred by section 24 (1) of the Border
 
 
Security, Asylum and Immigration Act 2025.”
 
 
(5)
In Part 3 of Schedule 1 (powers of seizure to which section 55 of the Act
25
 
applies), after paragraph 114 insert—
 
 
“Border Security, Asylum and Immigration Act 2025
 
 
115
The power of seizure conferred by section 24 (1) of the Border
 
 
Security, Asylum and Immigration Act 2025.”
 
28
Extension of powers to other persons
30
 
(1)
The Secretary of State may by regulations provide—
 
 
(a)
that a reference to an authorised officer or an immigration officer in
 
 
section 22 , 23 , 24 or 26 includes a person of a description specified in
 
 
the regulations;
 
 
(b)
that a person of a description so specified may, if necessary, use
35
 
reasonable force in the exercise of any function conferred by virtue of
 
 
the regulations.
 

Page 24

 
(2)
The descriptions of person that may be specified in the regulations include
 
 
persons designated by the Secretary of State in accordance with the regulations.
 
 
(3)
Where persons are designated by the Secretary of State as mentioned in
 
 
subsection (2) the regulations must contain such safeguards relating to the
 
 
designation as the Secretary of State considers appropriate.
5
29
Meaning of other expressions
 
 
In sections 22 to 26 and this section—
 
 
“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
10
 
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;
15
 
“immigration officer” means a person appointed by the Secretary of State
 
 
as an immigration officer under paragraph 1 of Schedule 2 to the
 
 
Immigration Act 1971;
 
 
“immigration rules” means rules under section 3(2) of the Immigration
 
 
Act 1971;
20
 
“NCA officer” means National Crime Agency officer;
 
 
“premises” includes any place and in particular includes any tent or
 
 
movable structure;
 
 
“ship” has the meaning given by section 28Q of the Immigration Act
 
 
1971;
25
 
“vehicle” includes—
 
 
(a)
any ship, train (including any locomotive and railway rolling
 
 
stock of any description), aircraft or bicycle, and
 
 
(b)
anything designed or adapted for being towed by a vehicle.
 

Sharing of information

30
30
Supply of customs information by HMRC
 
 
(1)
HMRC, or anyone acting on HMRC’s behalf, may supply information held
 
 
by them in connection with HMRC’s customs functions to a person listed in
 
 
subsection (3) for use for the purposes of that person’s functions.
 
 
(2)
In this section “HMRC’s customs functions” means HMRC’s functions in their
35
 
capacity as a customs service and includes in particular their functions in that
 
 
capacity relating to—
 
 
(a)
the movement of goods or cash into, out of or within the United
 
 
Kingdom, and
 

Page 25

 
(b)
the imposition, enforcement or other regulation of any tax or duty
 
 
relating to such movement of goods.
 
 
(3)
The persons mentioned in subsection (1) are—
 
 
(a)
a Minister of the Crown or a government department,
 
 
(b)
an immigration officer,
5
 
(c)
a designated customs official,
 
 
(d)
the Director of Border Revenue,
 
 
(e)
the Border Security Commander,
 
 
(f)
a UK authorised person,
 
 
(g)
the government of a country or territory outside the United Kingdom,
10
 
(h)
a person in a country or territory outside the United Kingdom with
 
 
public functions relating to—
 
 
(i)
the movement of goods or cash into or out of that country or
 
 
territory, or
 
 
(ii)
the imposition, enforcement or other regulation of any tax or
15
 
duty relating to such movement of goods, and
 
 
(i)
an international organisation to which this subsection applies.
 
 
(4)
Subsection (3) applies to an international organisation if—
 
 
(a)
it has functions relating to the movement of goods or cash across
 
 
international borders, or
20
 
(b)
an international arrangement makes provision for cooperation between
 
 
HMRC and the international organisation.
 
 
(5)
In this section—
 
 
“cash” means—
 
 
(a)
notes and coins in any currency, and
25
 
(b)
any bearer-negotiable or other monetary instrument;
 
 
“goods” has the same meaning as in the Customs and Excise Management
 
 
Act 1979 (see section 1 of that Act);
 
 
“government department” includes—
 
 
(a)
a part of the Scottish Administration,
30
 
(b)
a Northern Ireland department,
 
 
(c)
the Welsh Government, and
 
 
(d)
a body or authority exercising statutory functions on behalf of
 
 
the Crown;
 
 
“international arrangement” means an international agreement or
35
 
arrangement to which any of the following is a party—
 
 
(a)
the United Kingdom;
 
 
(b)
His Majesty’s Government;
 
 
(c)
HMRC;
 
 
(d)
the Commissioners for His Majesty’s Revenue and Customs;
40
 
“international organisation” has the same meaning as in the Data
 
 
Protection Act 2018 (see section 205(1) of that Act);
 

Page 26

 
“Minister of the Crown” has the same meaning as in the Ministers of
 
 
the Crown Act 1975 (see section 8(1) of that Act).
 
31
Use and disclosure of information supplied under section
 
 
(1)
Subject to the following provisions of this section, a person who receives
 
 
information under section 30 (1) —
5
 
(a)
may use it only for the purposes for which it was supplied, and
 
 
(b)
may not further disclose it without the consent of the Commissioners
 
 
for His Majesty’s Revenue and Customs (which may be general or
 
 
specific).
 
 
(2)
Information supplied under subsection (1) of section 30 to a person within
10
 
subsection (3) (a) to (f) of that section for use for the purposes of particular
 
 
functions of that person may be used by them for the purposes of any of
 
 
their other functions.
 
 
(3)
A person to whom this subsection applies may supply information received
 
 
under section 30 (1) to another person (“B”) to whom this subsection applies
15
 
for use for the purposes of any of B’s functions.
 
 
(4)
Subsection (3) applies to—
 
 
(a)
the Secretary of State for the Home Department, and
 
 
(b)
a person within subsection (3) (b) to (e) of section 30 .
 
 
(5)
If at any time the Secretary of State by whom general customs functions are
20
 
exercisable is not the Secretary of State for the Home Department, subsection
 
 
(4) is to be read at that time as if it included a reference to the Secretary of
 
 
State by whom general customs functions are exercisable.
 
 
(6)
Information that has been supplied under section 30 (1) or subsection (3) of
 
 
this section to a person mentioned in section 30 (3) (b) to (e) is to be treated
25
 
for the purposes of subsections (7) to (10) of this section as also having been
 
 
supplied to that person under section 30 (1) in their capacity as an official of
 
 
the Secretary of State.
 
 
(7)
A person within subsection (3) (a) or (f) of section 30 may, to the extent that
 
 
this is not otherwise permitted by subsection (3) of this section, supply
30
 
information received under subsection (1) of section 30 to a person within
 
 
subsection (3) (a) to (f) of that section for use for any of the following
 
 
purposes—
 
 
(a)
any purpose for which the information was supplied under subsection
 
 
(1) of that section;
35
 
(b)
immigration purposes;
 
 
(c)
the purposes of exercising a customs function;
 
 
(d)
the law enforcement purposes;
 
 
(e)
human welfare purposes;
 
 
(f)
safeguarding national security;
40
 
(g)
purposes connected with—
 

Page 27

 
(i)
a criminal investigation, or
 
 
(ii)
civil or criminal proceedings,
 
 
(including investigations and proceedings outside the United Kingdom).
 
 
(8)
The Secretary of State by whom immigration and nationality functions are
 
 
exercisable may supply information received under section 30 (1) to any person
5
 
(whether or not within the United Kingdom) for use for any of the following
 
 
purposes—
 
 
(a)
a purpose within section 40(1) of the UK Borders Act 2007;
 
 
(b)
purposes connected with—
 
 
(i)
a criminal investigation relating to an immigration or nationality
10
 
matter, or
 
 
(ii)
civil or criminal proceedings relating to such a matter,
 
 
(including investigations and proceedings outside the United Kingdom).
 
 
(9)
The Secretary of State by whom general customs functions are exercisable
 
 
may supply information received under section 30 (1) to any person (whether
15
 
or not within the United Kingdom) for use for purposes connected with—
 
 
(a)
a criminal investigation, or
 
 
(b)
civil or criminal proceedings relating to a customs function,
 
 
(including investigations and proceedings outside the United Kingdom).
 
 
(10)
A person who receives information under or by virtue of—
20
 
(a)
section 30 (1) ,
 
 
(b)
subsection (1) (b) , (7) , (8) or (9) of this section, or
 
 
(c)
section 32 (3) or (4) (b) ,
 
 
may supply the information to any person in pursuance of an order of a
 
 
court.
25
 
(11)
This section does not prevent the disclosure of information to HMRC.
 
 
(12)
This section is subject to section 32 .
 
 
(13)
In this section—
 
 
“immigration and nationality functions” has the meaning given by section
 
 
40(4) of the UK Borders Act 2007;
30
 
“immigration or nationality matter” means a matter in respect of which
 
 
the Secretary of State has immigration and nationality functions.
 
32
Further provision about use and disclosure of information under section
 
 
(1)
Section 31 (2) , (7) , (8) or (9) does not apply if the use or supply of the
 
 
information would breach any restrictions imposed by HMRC, or a person
35
 
acting on HMRC’s behalf, when the information was supplied under section
 
 
30 (1) .
 
 
(2)
A person who receives information under or by virtue of subsection (1) (b) ,
 
 
(7) , (8) or (9) of section 31 or by virtue of subsection (3) or (4) (b) of this section
 
 
may use it only for the purposes for which it was supplied.
40

Page 28

 
(3)
A person who receives information under or by virtue of subsection (1) (b) ,
 
 
(7) , (8) or (9) of section 31 or by virtue of this subsection may not further
 
 
disclose it without the consent of the Commissioners for His Majesty’s Revenue
 
 
and Customs (which may be general or specific).
 
 
(4)
A person who receives information under subsection (3) of section 31 or by
5
 
virtue of this subsection may not further disclose it—
 
 
(a)
in the case only of information received under subsection (3) of section
 
 
31 , 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
10
 
and Customs (which may be general or specific).
 
 
(5)
A person who supplies information in reliance on subsection (1) (b) , (7) , (8)
 
 
or (9) of section 31 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.
15
 
(6)
Subsection (7) applies if—
 
 
(a)
a person discloses information in contravention of subsection (1) (b) of
 
 
section 31 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.
20
 
(7)
Section 19 of the Commissioners for Revenue and Customs Act 2005 (offence
 
 
of wrongful disclosure) applies in relation to the disclosure as it applies in
 
 
relation to a disclosure in contravention of section 20(9) of that Act.
 
 
(8)
This section does not prevent the disclosure of information to HMRC.
 
33
Supply of trailer registration information
25
 
(1)
The Secretary of State for Transport may supply trailer registration information
 
 
in accordance with subsections (3) to (8) .
 
 
(2)
“Trailer registration information” means any information held by the Secretary
 
 
of State for Transport under Part 2 of the Haulage Permits and Trailer
 
 
Registration Act 2018.
30
 
(3)
The information may be supplied to the Secretary of State for the Home
 
 
Department for use in connection with any of the following purposes—
 
 
(a)
immigration purposes;
 
 
(b)
the law enforcement purposes;
 
 
(c)
human welfare purposes;
35
 
(d)
purposes connected with the exercise of functions under the Proceeds
 
 
of Crime Act 2002;
 
 
(e)
safeguarding national security;
 
 
(f)
responding to an emergency.
 

Page 29

 
(4)
The information may be supplied to the Secretary of State by whom general
 
 
customs functions are exercisable for use in connection with a customs function
 
 
exercisable by the Secretary of State.
 
 
(5)
The information may be supplied to the National Crime Agency for use in
 
 
connection with any NCA functions.
5
 
(6)
The information may be supplied to HMRC for use in connection with any
 
 
HMRC functions.
 
 
(7)
The information may be supplied to a UK authorised person or a UK
 
 
authorising officer for use in connection with any of the following purposes—
 
 
(a)
specified purposes related to policing;
10
 
(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
 
 
authorising officer for use in connection with any of the following purposes—
 
 
(a)
the prevention, investigation, detection or prosecution of criminal
15
 
offences or the execution of criminal penalties, including the
 
 
safeguarding against and the prevention of threats to public security;
 
 
(b)
purposes connected with the exercise of any statutory functions of the
 
 
recipient relating to customs, excise, immigration or the proceeds of
 
 
crime.
20
 
(9)
Information received by the Secretary of State under subsection (3) may be
 
 
supplied by the Secretary of State to any of the following persons for use in
 
 
connection with any of the purposes listed in subsection (3) —
 
 
(a)
an immigration officer;
 
 
(b)
a designated customs official;
25
 
(c)
the Border Security Commander.
 
 
(10)
Information received by the Secretary of State under subsection (4) may be
 
 
supplied by the Secretary of State to either or both of the following persons
 
 
for use in connection with a customs function exercisable by the person—
 
 
(a)
the Director of Border Revenue;
30
 
(b)
a designated customs official.
 
 
(11)
If at any time the Secretary of State by whom general customs functions are
 
 
exercisable is not the Secretary of State for the Home Department, subsection
 
 
(3) is to be read at that time as if the reference to the Secretary of State for
 
 
the Home Department included a reference to the Secretary of State by whom
35
 
general customs functions are exercisable.
 
34
Onwards sharing of information shared under section
 
 
(1)
A person who receives information under section 33 (3) , (4) , (9) or (10) may
 
 
supply the information—
 

Page 30

 
(a)
to a person exercising public functions (whether or not within the
 
 
United Kingdom) for use in connection with any of the following
 
 
purposes—
 
 
(i)
immigration purposes;
 
 
(ii)
the purposes of exercising a customs function;
5
 
(iii)
specified purposes related to policing;
 
 
(iv)
the law enforcement purposes;
 
 
(v)
human welfare purposes;
 
 
(vi)
safeguarding national security;
 
 
(vii)
responding to an emergency;
10
 
(viii)
purposes connected with civil or criminal legal proceedings or
 
 
a criminal investigation (including proceedings or an
 
 
investigation outside the United Kingdom), or
 
 
(b)
to another person in pursuance of—
 
 
(i)
an order of a court, or
15
 
(ii)
an agreement to which the United Kingdom or His Majesty’s
 
 
Government is a party.
 
 
(2)
A UK authorised person or a UK authorising officer who receives information
 
 
under section 33 (7) may supply the information as mentioned in subsection
 
 
(1) (a) or (b) (i) .
20
35
Sections
 
 
(1)
Nothing in sections 30 to 34 limits the circumstances in which information
 
 
may be supplied apart from those sections.
 
 
(2)
Sections 30 to 34 do not authorise a disclosure of information if the disclosure
 
 
would contravene the investigatory powers legislation.
25
 
(3)
In this section “the investigatory powers legislation” means Parts 1 to 7 and
 
 
Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
 
36
Sections
 
 
(1)
This section applies for the purposes of sections 30 to 34 .
 
 
(2)
References to the following persons have the following meanings—
30
 
“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);
35
 
“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;
 

Page 31

 
“immigration officer” means a person appointed by the Secretary of State
 
 
as an immigration officer under paragraph 1 of Schedule 2 to the
 
 
Immigration Act 1971.
 
 
(3)
A “UK authorised person” means—
 
 
(a)
for the purposes of section 30 , a person in the first column of the
5
 
following table who is authorised to receive information under section
 
 
30 (1) by the person specified in the corresponding entry in the second
 
 
column of the table;
 
 
(b)
for the purposes of sections 33 and 34 , a person in the first column of
 
 
the following table who is authorised to receive information under
10
 
section 33 (7) by the person specified in the corresponding entry in the
 
 
second column of the table.
 
 
Person
 
 
Authorising officer
 
 
a constable or other person who is under
 
 
the person under whose
 
 
the direction and control of a person who
15
 
direction and control the
15
 
has the direction and control of a body of
 
 
constable or other person is
 
 
constables
 
 
a member of a service police force or other
 
 
the relevant Provost Marshal
 
 
person who is under the direction and
 
 
control of a Provost Marshal
20
 
(4)
In the table in subsection (3) —
 
 
“constable” includes special constable;
 
 
“relevant Provost Marshal” means—
 
 
(a)
in relation to a member of a service police force—
 
 
(i)
the Provost Marshal of that service police force, or
25
 
(ii)
in the case of a member of the tri-service serious crime
 
 
unit described in section 375(1A) of the Armed Forces
 
 
Act 2006, the Provost Marshal for serious crime;
 
 
(b)
in relation to any other person who is under the direction and
 
 
control of a Provost Marshal, the Provost Marshal under whose
30
 
direction and control the person is;
 
 
“service police force” has the same meaning as in the Armed Forces Act
 
 
2006 (see section 375(1) of that Act).
 
 
(5)
A “UK authorising officer” means—
 
 
(a)
a person having the direction and control of a body of constables, and
35
 
(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
 
 
33 (8) by the person specified in the corresponding entry in the second column
 
 
of the table. Person
40

Page 32

 
Authorising officer
 
 
A member of the States of Jersey
 
 
The Chief Officer of the States of
 
 
Police Force
 
 
Jersey Police Force
 
 
A Deputy Agent of the Impôts or an
 
 
The Agent of the Impôts of the
 
 
officer of the Impôts
5
 
Bailiwick of Jersey
5
 
An employee or member of the
 
 
The Director of the Jersey Financial
 
 
Jersey Financial Intelligence Unit
 
 
Intelligence Unit
 
 
A member of the salaried Police
 
 
The Chief Officer of the salaried
 
 
Force of the Island of Guernsey
 
 
Police Force of the Island of Guernsey
 
 
An employee of the States of
10
 
The Chief Officer of the salaried
10
 
Guernsey
 
 
Police Force of the Island of Guernsey
 
 
An officer of Customs and Excise of
 
 
The Chief Officer of Customs and
 
 
the Bailiwick of Guernsey
 
 
Excise of the Bailiwick of Guernsey
 
 
An immigration officer of the
 
 
The Chief Officer of Customs and
 
 
Bailiwick of Guernsey
15
 
Excise of the Bailiwick of Guernsey
15
 
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
 
 
Bailiwick of Guernsey
 
 
Bureau of the Bailiwick of Guernsey
 
 
A member of staff of the Financial
20
 
The head of the Financial Intelligence
20
 
Intelligence Unit of the Bailiwick of
 
 
Unit of the Bailiwick of Guernsey
 
 
Guernsey
 
 
A member of the Isle of Man
 
 
The Chief Constable of the Isle of
 
 
Constabulary
 
 
Man Constabulary
 
 
An employee of the Isle of Man
25
 
The Chief Constable of the Isle of
25
 
Public Services Commission
 
 
Man Constabulary
 
 
An officer of Customs and Excise of
 
 
The Treasury Minister of the Isle of
 
 
the Isle of Man
 
 
Man
 
 
An immigration officer of the Isle of
 
 
The Treasury Minister of the Isle of
 
 
Man
30
 
A member of staff of the Isle of Man
 
 
The Director of the Isle of Man
 
 
Financial Intelligence Unit
 
 
A member of the Royal Gibraltar
 
 
The Commissioner of the Royal
 
 
Police
 
 
Gibraltar Police
 
 
A member of the Gibraltar Defence
35
 
The Chief Officer of the Gibraltar
35
 
Police
 
 
Defence Police
 
 
An officer of His Majesty’s Customs
 
 
The Collector of Customs at His
 
 
Gibraltar
 
 
Majesty’s Government of Gibraltar
 

Page 33

 
(7)
A “non-UK authorising officer” means a person specified in the second column
 
 
of the table in subsection (6) .
 
 
(8)
References to the following purposes or functions have the following
 
 
meanings—
 
 
“customs function” has the same meaning as in Part 1 of the Borders,
5
 
Citizenship and Immigration Act 2009 (see section 14(6) of that Act);
 
 
“general customs function” has the same meaning as in Part 1 of the
 
 
Borders, Citizenship and Immigration Act 2009 (see section 1(8) of
 
 
that Act);
 
 
“HMRC functions” means functions of the Commissioners for His
10
 
Majesty’s Revenue and Customs or of officers of Revenue and Customs,
 
 
within the meaning of the Commissioners for Revenue and Customs
 
 
Act 2005 (see section 51(2) to (2B) of that Act);
 
 
“human welfare purposes” means any of the following—
 
 
(a)
preventing loss of human life;
15
 
(b)
preventing serious physical harm to a person;
 
 
(c)
safeguarding vulnerable people;
 
 
“immigration purposes” has the meaning given by section 20(3) of the
 
 
Immigration and Asylum Act 1999;
 
 
“the law enforcement purposes” has the same meaning as in Part 3 of
20
 
the Data Protection Act 2018 (section 31 of that Act);
 
 
“NCA functions” has the same meaning as in Part 1 of the Crime and
 
 
Courts Act 2013 (see section 16(1) of that Act);
 
 
“specified purposes related to policing” means purposes related to
 
 
policing that are specified in regulations made under this subsection
25
 
by the Secretary of State.
 
 
(9)
Before making regulations under subsection (8) , the Secretary of State must
 
 
consult—
 
 
(a)
the Scottish Ministers,
 
 
(b)
the Department of Justice in Northern Ireland, and
30
 
(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.
 

Provision of biometric information by evacuees etc

 
37
Provision of biometric information by evacuees etc
35
 
(1)
An authorised person may take biometric information from a person to whom
 
 
this section applies.
 
 
(2)
This section applies to a person if—
 
 
(a)
the authorised person reasonably believes that, if the person were to
 
 
seek to enter the United Kingdom, the person would require leave to
40
 
do so (whether or not such leave has been given), and
 

Page 34

 
(b)
His Majesty’s Government is considering whether to facilitate, or is
 
 
facilitating or has facilitated, the person’s departure from a state or
 
 
territory.
 
 
(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—
5
 
(a)
the child’s parent or guardian, or
 
 
(b)
a person who for the time being takes responsibility for the child.
 
 
(4)
The person mentioned in subsection (3) (b) may not be—
 
 
(a)
an authorised person, or
 
 
(b)
an officer of the Secretary of State who is not an authorised person.
10
 
(5)
Subsection (3) does not prevent an authorised person from taking biometric
 
 
information from a child if the authorised person reasonably believes that
 
 
the child is aged 16 or over.
 
 
(6)
In this section and section 38 —
 
 
“authorised person” means a person authorised by the Secretary of State
15
 
for the purposes of this section;
 
 
“biometric information” has the meaning given by section 15(1A) of the
 
 
UK Borders Act 2007.
 
 
(7)
References in this section and section 38 to the taking of biometric information
 
 
from a person include the recording of biometric information about the person.
20
 
(8)
Biometric information may be taken under this section outside the United
 
 
Kingdom.
 
38
Use and retention of information taken under section
 
 
(1)
An authorised person who takes biometric information under section 37 must
 
 
supply that information to the Secretary of State as soon as reasonably
25
 
practicable.
 
 
(2)
Biometric information taken under section 37 may be used by the Secretary
 
 
of State in connection with—
 
 
(a)
the exercise of a function relating to immigration or nationality, or
 
 
(b)
the exercise of a function relating to law enforcement or the protection
30
 
of national security.
 
 
(3)
The Secretary of State may retain biometric information taken under section
 
 
37 only if the Secretary of State considers that it is necessary to retain the
 
 
information for any use mentioned in subsection (2) .
 
 
(4)
The Secretary of State must take all reasonable steps to ensure that the
35
 
information is destroyed on or before the earliest of the following to occur—
 
 
(a)
the Secretary of State no longer considering that it is necessary to
 
 
retain the information for any use mentioned in subsection (2) , and
 
 
(b)
the end of the period of 5 years beginning with the day on which the
 
 
information was taken.
40

Page 35

 
(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) .
 
 
(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
5
 
a person whose departure His Majesty’s Government is considering whether
 
 
to facilitate, or is facilitating or has facilitated, as mentioned in section 37 (2) (b) .
 
 
(7)
Where the Secretary of State’s use of biometric information under subsection
 
 
(6) involves transferring that information to a third country or to an
 
 
international organisation, the transfer is to be taken as being necessary for
10
 
important reasons of public interest for the purposes of Article 49(1)(d) of the
 
 
UK GDPR.
 
 
(8)
In subsection (7) —
 
 
“international organisation” and “third country” have the same meaning
 
 
as in the UK GDPR (see Article 4 of the Regulation);
15
 
“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

 
39
Provision of biometric information at ports in Scotland
 
 
(1)
In Schedule 8 to the Terrorism Act 2000, in paragraph 20(1) (power to take
20
 
fingerprints etc: Scotland) for “a person detained under Schedule 7 or section
 
 
41 at a police station in Scotland” substitute “—
 
 
“(a)
a person detained under section 41 at a police station in
 
 
Scotland, or
 
 
(b)
a person detained under Schedule 7 in Scotland,”.
25
 
(2)
In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border
 
 
security), in paragraph 42(1) (power to take fingerprints etc: Scotland) omit
 
 
“at a police station”.
 

Part 2

 

Asylum and immigration

30

Repeal of immigration legislation

 
40
Repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024
 
 
The Safety of Rwanda (Asylum and Immigration) Act 2024 is repealed.
 
41
Repeal of certain provisions of the Illegal Migration Act 2023
 
 
(1)
The following provisions of the Illegal Migration Act 2023 are repealed—
35

Page 36

 
(a)
sections 1 to 6 and Schedule 1;
 
 
(b)
sections 7 to 11;
 
 
(c)
sections 13 to 15 and Schedule 2;
 
 
(d)
sections 16 to 28;
 
 
(e)
sections 30 to 51;
5
 
(f)
sections 53 to 58;
 
 
(g)
section 61;
 
 
(h)
section 66.
 
 
(2)
Section 8AA of the Immigration Act 1971 (persons ineligible for leave to enter
 
 
and remain, entry clearance and ETA) (inserted by section 30(3) of the Illegal
10
 
Migration Act 2023) is to be treated as never having been in force.
 
42
Sections
 
 
(1)
In the Immigration Act 1971—
 
 
(a)
in section 8(1) (exceptions for seamen and aircrews) omit paragraph
 
 
(d) and the “or” before it;
15
 
(b)
omit section 8AA (persons ineligible for leave to enter and remain,
 
 
entry clearance and ETA);
 
 
(c)
in paragraph 17A of Schedule 2 (periods for which persons may be
 
 
detained)—
 
 
(i)
in sub-paragraph (2) omit “(2C),”;
20
 
(ii)
in sub-paragraph (3) omit paragraph (d).
 
 
(2)
In the British Nationality Act 1981—
 
 
(a)
in section 3 (acquisition of British citizenship by registration: minors)
 
 
omit subsection (7);
 
 
(b)
in section 4 (acquisition of British citizenship by registration: British
25
 
overseas territories citizens etc) omit subsection (7);
 
 
(c)
in section 4A (acquisition of British citizenship by registration: further
 
 
provision for British overseas territories citizens) omit subsection (3);
 
 
(d)
in section 4AA (acquisition of British citizenship by registration: Irish
 
 
citizens) (as inserted by section 1(2) of the British Nationality (Irish
30
 
Citizens) Act 2024) omit subsection (4);
 
 
(e)
in section 5 (acquisition of British citizenship by registration: British
 
 
overseas territories citizens having connection with Gibraltar) omit
 
 
“Subject to sections 31, 32 and 36 of the Illegal Migration Act 2023
 
 
(restriction of eligibility for citizenship etc),”;
35
 
(f)
in section 6 (acquisition of British citizenship by naturalisation) omit
 
 
subsection (3);
 
 
(g)
in section 10 (registration as British citizen following renunciation of
 
 
citizenship of UK etc) omit subsection (5);
 
 
(h)
in section 13 (resumption of British citizenship) omit subsection (4);
40
 
(i)
in section 17 (acquisition of British overseas territories citizenship by
 
 
registration: minors) omit subsection (7);
 

Page 37

 
(j)
in section 18 (acquisition of British overseas territories citizenship by
 
 
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
5
 
citizenship) omit “Subject to sections 31, 33 and 36 of the Illegal
 
 
Migration Act 2023 (restriction of eligibility for citizenship etc),”;
 
 
(m)
in section 27 (registration of minors as British overseas citizens), in
 
 
subsection (1), omit “Subject to sections 31, 34 and 36 of the Illegal
 
 
Migration Act 2023 (restriction of eligibility for citizenship etc),”;
10
 
(n)
in section 32 (registration of minors as British subjects) omit “Subject
 
 
to sections 31, 35 and 36 of the Illegal Migration Act 2023 (restriction
 
 
of eligibility for citizenship etc),”.
 
 
(3)
In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention
 
 
by Secretary of State)—
15
 
(a)
in subsection (2O), for “to (2A)” substitute “and (2)”;
 
 
(b)
in subsection (2P) omit paragraph (b).
 
 
(4)
In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration
 
 
Acts”), omit paragraph (o).
 

Immigration advisers and immigration service providers

20
43
Immigration advisers and immigration service providers
 
 
Schedule 1 contains amendments of Part 5 of the Immigration and Asylum
 
 
Act 1999 (immigration advisers and immigration service providers) and certain
 
 
related amendments of other provision.
 

Deportation etc

25
44
Detention and exercise of functions pending deportation
 
 
(1)
Paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control
 
 
pending deportation) is amended in accordance with subsections (2) to (5) .
 
 
(2)
For sub-paragraph (2) substitute—
 
 
“(2)
A person (“P”) who is not detained in pursuance of the sentence or
30
 
order of a court may be detained under the authority of the Secretary
 
 
of State—
 
 
(a)
while the Secretary of State considers whether to make a
 
 
deportation order against P, and
 
 
(b)
where the Secretary of State decides to make a deportation
35
 
order against P, pending the making of the deportation order.
 
 
(2A)
Sub-paragraph (2) applies only if—
 

Page 38

 
(a)
the Secretary of State has notified P in writing that the
 
 
Secretary of State is considering whether to make a
 
 
deportation order against P, or
 
 
(b)
where no notice has been given under paragraph (a), the
 
 
Secretary of State has notified P in writing that the Secretary
5
 
of State has decided to make a deportation order against P.”
 
 
(3)
In sub-paragraph (3A), for “the deportation order” substitute “the decision
 
 
whether to make a deportation order, or the deportation order,”.
 
 
(4)
In sub-paragraph (3B), after “prevents” insert “the decision or”.
 
 
(5)
In sub-paragraph (3D), after “considers that” insert “the decision or”.
10
 
(6)
Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is
 
 
amended in accordance with subsections (7) to (9) .
 
 
(7)
In subsection (7)—
 
 
(a)
in paragraph (c), for the words from “has decided” to the end of the
 
 
paragraph substitute “—
15
 
“(i)
is considering whether to make a deportation
 
 
order,
 
 
(ii)
is considering whether section 32(5) of the UK
 
 
Borders Act 2007 (automatic deportation of
 
 
foreign criminals) applies,
20
 
(iii)
has decided to make a deportation order, or
 
 
(iv)
has decided that section 32(5) of that Act
 
 
applies;”, and
 
 
(b)
in paragraph (f)(ii), after “(c)(i)” insert “or (iii)”.
 
 
(8)
In subsection (8), in paragraph (c), for the words from “, when” to the end
25
 
of the paragraph substitute “—
 
 
“(i)
when C is notified of the matter mentioned in subsection
 
 
(7)(c)(i) or (ii), or
 
 
(ii)
if no such notification is given to C, when C is notified
 
 
of the decision mentioned in subsection (7)(c)(iii) or
30
 
(iv);”.
 
 
(9)
In subsection (9)(c)—
 
 
(a)
before sub-paragraph (i) insert—
 
 
“(zi)
the time when C is notified of the Secretary of
 
 
State’s decision not to make a deportation order
35
 
against C or that section 32(5) of the UK Borders
 
 
Act 2007 does not apply in respect of C,”, and
 
 
(b)
in sub-paragraph (i), after “(7)(c)” insert “(iii) or (iv)”.
 
 
(10)
Regulation 2 of the Immigration (Collection, Use and Retention of Biometric
 
 
Information and Related Amendments) Regulations 2021 (S.I. 2021/772)
40
 
(photographs) is amended in accordance with subsections (11) to (13) .
 

Page 39

 
(11)
In paragraph (7)—
 
 
(a)
for sub-paragraph (c) substitute—
 
 
“(c)
any person (“C”) in respect of whom the Secretary of
 
 
State—
 
 
(i)
is considering whether to make a deportation
5
 
order,
 
 
(ii)
is considering whether section 32(5) of the UK
 
 
Borders Act 2007 (automatic deportation of
 
 
foreign criminals) applies,
 
 
(iii)
has decided to make a deportation order, or
10
 
(iv)
has decided that section 32(5) of that Act
 
 
applies;”, and
 
 
(b)
in sub-paragraph (g)(ii), after “(c)(i)” insert “or (iii)”.
 
 
(12)
In paragraph (11), in sub-paragraph (c), for the words from “, when” to the
 
 
end of the sub-paragraph substitute “—
15
 
“(i)
when C is notified of the matter mentioned in paragraph
 
 
(7)(c)(i) or (ii), or
 
 
(ii)
if no such notification is given to C, when C is notified
 
 
of the decision mentioned in paragraph (7)(c)(iii) or
 
 
(iv);”.
20
 
(13)
In paragraph (12)(a)(iii)—
 
 
(a)
before sub-paragraph (aa) insert—
 
 
“(zaa)
the time when C is notified of the
 
 
Secretary of State’s decision not to
 
 
make a deportation order against C or
25
 
that section 32(5) of the UK Borders
 
 
Act 2007 does not apply in respect of
 
 
C;”, and
 
 
(b)
in sub-paragraph (aa), for “(7)(c)(i)” substitute “(7)(c)(iii) or (iv)”.
 
 
(14)
Section 51 of the Immigration Act 2016 (search for nationality documents by
30
 
detainee custody officers etc) is amended in accordance with subsections (15)
 
 
and (16) .
 
 
(15)
In subsection (2)—
 
 
(a)
for paragraph (b) substitute—
 
 
“(b)
in respect of whom the Secretary of State—
35
 
(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
 
 
(iii)
has made such a deportation order, or”,
40
 
(b)
omit paragraph (c) and the “or” at the end of that paragraph, and
 

Page 40

 
(c)
for paragraph (d) substitute—
 
 
“(d)
in respect of whom the Secretary of State—
 
 
(i)
is considering whether section 32(5) of the UK
 
 
Borders Act 2007 (automatic deportation of
 
 
foreign criminals) applies,
5
 
(ii)
has decided that section 32(5) of that Act applies,
 
 
or
 
 
(iii)
has made such a deportation order in accordance
 
 
with section 32(5) of that Act.”
 
 
(16)
After subsection (4) insert—
10
 
“(4A)
The Secretary of State may give a direction as mentioned in subsection
 
 
(2)(b)(i) or (ii) in relation to a person detained in a prison or young
 
 
offender institution only if—
 
 
(a)
the Secretary of State has notified the person in writing that
 
 
the Secretary of State is considering whether to make a
15
 
deportation order under section 5(1) of the Immigration Act
 
 
1971 against the person, or
 
 
(b)
where no notice has been given as mentioned in paragraph
 
 
(a), the Secretary of State has notified the person in writing
 
 
that the Secretary of State has decided to make such a
20
 
deportation order against the person.
 
 
(4B)
The Secretary of State may give a direction as mentioned in subsection
 
 
(2)(d)(i) or (ii) in relation to a person detained in a prison or young
 
 
offender institution only if—
 
 
(a)
the Secretary of State has notified the person in writing that
25
 
the Secretary of State is considering whether section 32(5) of
 
 
the UK Borders Act 2007 applies in respect of the person, or
 
 
(b)
where no notice has been given as mentioned in paragraph
 
 
(a), the Secretary of State has notified the person in writing
 
 
that the Secretary of State has decided that section 32(5) of that
30
 
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.
 
 
45
Collection of data on overseas students subject to visa conditions and
 

immigration rules

35
 
(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
40
 
(c)
the number of overseas students detained pending deportation
 
 
following the revocation of their student visas.
 

Page 41

 
(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;
5
 
“student visa” has the same meaning as in the Immigration Rules.
 

EU Settlement Scheme

 
46
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—
10
 
(a)
are recognised and available in domestic law by virtue of section 7A
 
 
or 7B of the European Union (Withdrawal) Act 2018 , and
 
 
(b)
are derived from—
 
 
(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
15
 
Part ,
 
 
(ii)
Title 2 of Part 2 of the EEA EFTA separation agreement or Title
 
 
1 or 4 of Part 2 of that agreement so far as relating to Title 2
 
 
of that Part , or
 
 
(iii)
Article 4(2), 7 or 8 or Chapter 1 of Title 2 of Part 2 of the Swiss
20
 
citizens’ rights agreement or Title 1 of Part 2 of that agreement
 
 
so far as relating to Chapter 1 of Title 2 of that Part .
 
 
(2)
Subsection (5) applies to a person (“P”) where—
 
 
(a)
P has leave to enter or remain in the United Kingdom granted by
 
 
virtue of residence scheme immigration rules,
25
 
(b)
the leave was granted to P on the basis of requirements which included
 
 
that P is a relevant national or is (or was) a family member of a person
 
 
who is (or was) a relevant national,
 
 
(c)
each of the requirements on the basis of which P’s leave was granted
 
 
was in fact met,
30
 
(d)
either—
 
 
(i)
in a case where P’s leave was not granted on the basis that P
 
 
is (or was) a joining family member of a relevant sponsor, P
 
 
was resident in the United Kingdom or the Islands immediately
 
 
before the end of the implementation period, or
35
 
(ii)
in a case where P’s leave was granted on the basis that P is
 
 
(or was) a joining family member of a relevant sponsor, the
 
 
relevant sponsor was resident in the United Kingdom or the
 
 
Islands immediately before the end of the implementation
 
 
period, and
40
 
(e)
the residency mentioned in paragraph (d) was not relevant residency.
 

Page 42

 
(3)
For the purposes of subsection (2) —
 
 
(a)
a person is to be treated as a family member of another person if they
 
 
are treated as the family member of that person by residence scheme
 
 
immigration rules;
 
 
(b)
“joining family member” and “relevant sponsor” have the same
5
 
meaning as in residence scheme immigration rules;
 
 
(c)
a person is to be treated as resident in the United Kingdom or the
 
 
Islands immediately before the end of the implementation period even
 
 
if they were temporarily absent from the United Kingdom or the
 
 
Islands at that time if their absence was permitted for the purposes
10
 
of establishing or maintaining eligibility for leave under residence
 
 
scheme immigration rules;
 
 
(d)
“relevant national” means a national of Austria, Belgium, Bulgaria,
 
 
Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia,
 
 
Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy,
15
 
Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands,
 
 
Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
 
 
or Switzerland.
 
 
(4)
In this section “relevant residency” means—
 
 
(a)
residency in accordance with Union law (within the meaning of the
20
 
withdrawal agreement),
 
 
(b)
residency in accordance with the EEA Agreement (within the meaning
 
 
of the EEA EFTA separation agreement), or
 
 
(c)
residency in accordance with the FMOPA (within the meaning of the
 
 
Swiss citizens’ rights agreement).
25
 
(5)
Relevant citizens' rights—
 
 
(a)
are capable of accruing and applying to a person to whom this
 
 
subsection applies notwithstanding that the residency mentioned in
 
 
subsection (2) (d) was not relevant residency, and
 
 
(b)
are to be enforced, allowed and followed accordingly.
30
 
(6)
Every enactment (including an enactment contained in this Act) is to be read
 
 
and has effect subject to subsection (5) .
 
 
(7)
In this section —
 
 
“EEA EFTA separation agreement” has the same meaning as in the
 
 
European Union (Withdrawal Agreement) Act 2020 (see section 39(1)
35
 
of that Act);
 
 
“enactment” has the same meaning as in the European Union
 
 
(Withdrawal) Act 2018 (see section 20(1) of that Act);
 
 
“the implementation period” has the same meaning as in the European
 
 
Union (Withdrawal) Act 2018 (see section 1A(6) of that Act);
40
 
“the Islands” means the Bailiwick of Guernsey, the Bailiwick of Jersey
 
 
or the Isle of Man;
 

Page 43

 
“residence scheme immigration rules” has the same meaning as in Part
 
 
3 of the European Union (Withdrawal Agreement) Act 2020 (see section
 
 
17 of that Act);
 
 
“Swiss citizens’ rights agreement” has the same meaning as in the
 
 
European Union (Withdrawal Agreement) Act 2020 (see section 39(1)
5
 
of that Act);
 
 
“withdrawal agreement” has the same meaning as in the European Union
 
 
(Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that
 
 
Act).
 

Conditions on leave and bail

10
47
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) .
 
 
(2)
In section 3 (general provisions for regulation and control)—
 
 
(a)
in subsection (1)(c)—
15
 
(i)
omit the “and” at the end of sub-paragraph (iv), and
 
 
(ii)
at the end of sub-paragraph (v) insert—
 
 
“(vi)
an electronic monitoring condition (see
 
 
Schedule 1A);
 
 
(vii)
a condition requiring the person to be at
20
 
a particular place between particular
 
 
times, either on particular days or on any
 
 
day;
 
 
(viii)
a condition requiring the person to
 
 
remain within a particular area;
25
 
(ix)
a condition prohibiting the person from
 
 
being in a particular area;
 
 
(x)
such other conditions as the Secretary of
 
 
State thinks fit.”, and
 
 
(b)
after subsection (1) insert—
30
 
“(1A)
A condition under any of sub-paragraphs (vi) to (x) of
 
 
subsection (1)(c) may be attached to limited leave to enter or
 
 
remain in the United Kingdom given to a person only if the
 
 
Secretary of State considers that—
 
 
(a)
the person poses a threat to national security,
35
 
(b)
the person poses a threat to the safety of the public, a
 
 
section of the public, a particular individual or particular
 
 
individuals,
 
 
(c)
the person has committed an offence that is specified,
 
 
or falls within a description specified, in Schedule 1 to
40
 
the Serious Crime Act 2007 (serious offences),
 

Page 44

 
(d)
the person has committed—
 
 
(i)
an offence that is specified in Part 2 of Schedule
 
 
18 to the Sentencing Code (specified sexual
 
 
offences),
 
 
(ii)
a sexual offence for the purposes of section 210A
5
 
of the Criminal Procedure (Scotland) Act 1995
 
 
(extended sentences), or
 
 
(iii)
an offence that is specified in Part 2 of Schedule
 
 
2 to the Criminal Justice (Northern Ireland)
 
 
Order 2008 (S.I. 2008/1216 (N.I. 1)) (specified
10
 
sexual offences), or
 
 
(e)
the person—
 
 
(i)
has committed, or is suspected of having
 
 
committed, an offence outside the United
 
 
Kingdom, and
15
 
(ii)
the act constituting the offence would, if it had
 
 
been done in any part of the United Kingdom,
 
 
have constituted an offence within paragraph
 
 
(c) or (d) (other than an offence within
 
 
paragraph (xxviii) of the definition of “sexual
20
 
offence” in section 210A(10) of the Criminal
 
 
Procedure (Scotland) Act 2010).
 
 
(1B)
For the purposes of subsection (1A) (e) an act punishable under
 
 
the law in force in a country or territory outside the United
 
 
Kingdom constitutes an offence under that law however it is
25
 
described in that law.”
 
 
(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
30
 
condition” means a condition requiring the person on whom it is
 
 
imposed (“P”) to co-operate with such arrangements as the Secretary
 
 
of State may specify for detecting and recording by electronic means
 
 
one or more of the following—
 
 
(a)
P’s location at specified times, during specified periods of
35
 
time or while the arrangements are in place;
 
 
(b)
P’s presence in a location at specified times, during specified
 
 
periods of time or while the arrangements are in place;
 
 
(c)
P’s absence from a location at specified times, during
 
 
specified periods of time or while the arrangements are in
40
 
place.
 
 
2
The arrangements may in particular—
 
 
(a)
require P to wear a device;
 

Page 45

 
(b)
require P to make specified use of a device;
 
 
(c)
require P to communicate in a specified manner and at
 
 
specified times or during specified periods;
 
 
(d)
involve the exercise of functions by persons other than the
 
 
Secretary of State.
5
 
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
 
 
interference with, the device, and
 
 
(b)
prohibit P from taking or permitting action that would or
10
 
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.
 
 
5
In this Schedule “specified” means specified in the arrangements.”
 
 
(4)
In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph
15
 
2(1) (conditions of bail), after paragraph (e) insert—
 
 
“(ea)
a condition requiring the person to be at a particular place
 
 
between particular times, either on particular days or on any
 
 
day;
 
 
(eb)
a condition requiring the person to remain within a particular
20
 
area;
 
 
(ec)
a condition prohibiting the person from being in a particular
 
 
area;”.
 

Powers to take biometric information

 
48
Powers to take biometric information
25
 
(1)
Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is
 
 
amended in accordance with subsections (2) to (5) .
 
 
(2)
In subsection (5)—
 
 
(a)
omit the “or” at the end of paragraph (d), and
 
 
(b)
after paragraph (e) insert—
30
 
“(f)
a person who is employed by a contractor in connection
 
 
with the discharge of the contractor’s duties under a
 
 
short-term holding facility contract; or
 
 
(g)
a person of a description specified in regulations made
 
 
by the Secretary of State.”
35
 
(3)
After subsection (6) insert—
 
 
“(6A)
In this section—
 
 
(a)
“short-term holding facility” has the same meaning as in Part
 
 
8,
 

Page 46

 
(b)
“short-term holding facility contract” means a contract entered
 
 
into by the Secretary of State under section 149 as extended to
 
 
short-term holding facilities by regulations under section 157(1),
 
 
and
 
 
(c)
“contractor”, in relation to a short-term holding facility which
5
 
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
 
 
(b)
after paragraph (d) insert—
10
 
“(e)
if the authorised person is specified in regulations made
 
 
by the Secretary of State under subsection (5)(g), by a
 
 
person, or a person of a description, specified in such
 
 
regulations.”
 
 
(5)
Omit subsection (17).
15
 
(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

 
49
Extension of prohibition on employment to other working arrangements
20
 
(1)
The Immigration, Asylum and Nationality Act 2006 is amended as follows.
 
 
(2)
In the italic heading before section 15, after “Employment” insert “and other
 
 
working arrangements”.
 
 
(3)
Before section 15, after the italic heading insert—
 
“14A
Application of sections 15 to 24 to other working arrangements
25
 
(1)
In sections 15 to 24, a reference to a person employing another person
 
 
includes a reference to—
 
 
(a)
a person (“person A”) engaging an individual (“individual A”)
 
 
under a worker’s contract,
 
 
(b)
a person (“person B”) engaging an individual sub-contractor
30
 
(“individual B”), and
 
 
(c)
an online matching service (“person C”) providing the details
 
 
of an individual who is a service provider (“individual C”) to
 
 
potential clients or customers.
 
 
(2)
Accordingly—
35
 
(a)
references in sections 15 to 24 to employment include
 
 
engagement of the kind mentioned in paragraph (a) or (b) of
 
 
subsection (1) or the provision of details as mentioned in
 
 
paragraph (c) of that subsection;
 

Page 47

 
(b)
references in those sections to an employer include person A,
 
 
person B or person C;
 
 
(c)
references in those sections to an employee include individual
 
 
A, individual B or individual C.
 
 
(3)
In this section—
5
 
“worker’s contract” means a contract, other than a contract of
 
 
service or apprenticeship, under which—
 
 
(a)
individual A undertakes to do or perform personally
 
 
work or services for person A or another person
 
 
(whether or not that other person is specified in the
10
 
contract), and
 
 
(b)
person A is neither a client nor customer of any
 
 
profession or business undertaking carried on by
 
 
individual A;
 
 
“individual sub-contractor” means an individual (“individual B”)
15
 
who has entered into a contract with person B to provide work
 
 
or services in circumstances where person B has entered into
 
 
a contract with a third party to provide, or arrange for the
 
 
provision of, the work or services but individual B has not;
 
 
“online matching service” means a person who, in the course of
20
 
a business—
 
 
(a)
keeps a register of service providers for the purpose of
 
 
matching them with potential clients or customers,
 
 
(b)
provides an online service by which potential clients or
 
 
customers can submit enquiries for the purpose of being
25
 
matched with suitable service providers, and
 
 
(c)
charges a fee or commission in return for making such
 
 
matches;
 
 
“service provider” means a person providing, or seeking to
 
 
provide, work or services for remuneration.
30
 
(4)
Subsection (1) (a) , and subsection (2) so far as it has effect in
 
 
consequence of subsection (1) (a) , do not apply if and to the extent
 
 
that—
 
 
(a)
under the worker’s contract, individual A undertakes to do or
 
 
perform personally work or services for a person other than
35
 
person A (whether or not that other person is specified in the
 
 
contract), and
 
 
(b)
the status of a person for whom individual A does or performs
 
 
work or services under the contract is that of a client or
 
 
customer of a profession or business undertaking carried on
40
 
by individual A.
 
 
(5)
In this section a reference to a contract includes a contract that is
 
 
express or implied and (if it is express) whether oral or in writing.
 

Page 48

 
(6)
This section is subject to subsection (2) of section 15A (which provides
 
 
for subsection (1) (a) of that section not to apply in relation to an online
 
 
matching service).”
 
 
(4)
After section 15 insert—
 
“15A
Extension of liability under section 15
5
 
(1)
Subsection (4) applies where a person (“A”)—
 
 
(a)
employs an individual to provide work or services, or
 
 
(b)
is contracted to provide, or arrange for the provision of, work
 
 
or services and enters into a contract under which another
 
 
person is to provide, or arrange for the provision of, the work
10
 
or services (or part of the work or services).
 
 
(2)
The reference in subsection (1) (a) to A employing an individual does
 
 
not include A doing so as mentioned in section 14A (1) (c) (online
 
 
matching services).
 
 
(3)
Subsection (4) also applies where—
15
 
(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
 
 
enters into a contract with a client or customer for the provision
20
 
of work or services.
 
 
(4)
For the purposes of section 15, and where this would not otherwise
 
 
be the case, A is to be treated as employing any individual (“B”) who
 
 
personally provides the work or services (or any part of the work or
 
 
services), including where—
25
 
(a)
A is not in a contractual relationship with B, or
 
 
(b)
A does not know that B is providing the work or services (or
 
 
part of the work or services).
 
 
(5)
Subsection (4) applies where A is contracted to provide, or arrange
 
 
for the provision of, the work or services regardless of whether that
30
 
contract is the first or any other contract in a chain of contracts to
 
 
provide, or arrange for the provision of, the work or services (or part
 
 
of the work or services).
 
 
(6)
This section does not affect the liability of any other employer under
 
 
section 15.
35
 
(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.
40
 
(8)
In this section “online matching service” and “service provider” have
 
 
the same meaning as in section 14A .”
 

Page 49

 
(5)
In section 25—
 
 
(a)
in paragraph (b), at the beginning insert “subject to sections 14A and
 
 
15A,”,
 
 
(b)
in paragraph (b), omit from “whether” to the end of the paragraph,
 
 
and
5
 
(c)
after that paragraph insert—
 
 
“(ba)
a reference to a contract includes a contract that is
 
 
express or implied and (if it is express) whether oral or
 
 
in writing,”.
 

Appeals

10
 
50
Timeframe for determination of appeal brought by appellant receiving
 

accommodation support

 
 
After section 86 of the Nationality, Immigration and Asylum Act 2002 insert—
 
 
“86A
Timeframe for determination of appeal under section 82(1)(a) where
 
 
appellant is receiving accommodation support
15
 
(1)
This section applies on an appeal under section 82(1)(a) brought by a
 
 
person to whom, at the time the appeal is instituted, accommodation
 
 
is being provided under section 95 or 98 of the Immigration and
 
 
Asylum Act 1999.
 
 
(2)
The Tribunal must, except where the Tribunal considers that it is not
20
 
reasonably practicable to do so, determine the appeal and give notice
 
 
of its determination to the parties before the end of the period of 24
 
 
weeks beginning with the day after that on which the appeal is
 
 
instituted.
 
 
(3)
But subsection (2) does not apply or, as the case may be, ceases to
25
 
apply, if the appeal must be brought, or must be continued, from
 
 
outside the United Kingdom.”
 
 
51
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
30
 
inserted by section 50 ) insert—
 
 
“86B
Timeframe for determination of appeal brought by certain
 
 
non-detained appellants liable to deportation
 
 
(1)
This section applies on an appeal under section 82(1) where the appeal
 
 
is brought by a person falling within subsection (2) .
35
 
(2)
A person falls within this subsection if, at the time the appeal
 
 
mentioned in subsection (1) is instituted, the person—
 

Page 50

 
(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
5
 
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
10
 
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.”
15
 
(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 ;”;
20
 
(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
25
 
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
30
 
brought by certain non-detained appellants liable to deportation)
 
 
applies in relation to an appeal under these Regulations to the
 
 
First-tier Tribunal as it applies in relation to an appeal under section
 
 
82(1) of the 2002 Act but as if for subsection (4) there were
 
 
substituted—
35
 
“(4)
But subsection (3) does not apply or, as the case may be,
 
 
ceases to apply, if the appeal is brought, or is continued,
 
 
from outside the United Kingdom.”
 

Page 51

Refugee Convention

 
52
Refugee Convention: particularly serious crime
 
 
(1)
Section 72 of the Nationality, Immigration and Asylum Act 2002 (construction
 
 
and application of Article 33(2) of Refugee Convention) is amended as follows.
 
 
(2)
After subsection (5) insert—
5
 
“(5ZA)
A person is to be presumed to have been convicted by a final judgment
 
 
of a particularly serious crime if—
 
 
(a)
the person is convicted in the United Kingdom of an offence
 
 
listed in Schedule 3 to the Sexual Offences Act 2003, and
 
 
(b)
the person is not, by virtue of the conviction, a person falling
10
 
within subsection (2).
 
 
(5ZB)
A person is to be presumed to have been convicted by a final judgment
 
 
of a particularly serious crime if—
 
 
(a)
the person is convicted outside the United Kingdom of an
 
 
offence,
15
 
(b)
the act constituting the offence would have constituted an
 
 
offence listed in Schedule 3 to the Sexual Offences Act 2003
 
 
had it been done in any part of the United Kingdom, and
 
 
(c)
the person is not, by virtue of the conviction, a person falling
 
 
within subsection (3).”
20
 
(3)
After subsection (5A) insert—
 
 
“(5B)
A person presumed to have been convicted of a particularly serious
 
 
crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to
 
 
constitute a danger to the community of the United Kingdom.”
 
 
(4)
In subsection (6), for “subsection (5A)” substitute “subsection (5ZA) or (5ZB)
25
 
that a person has been convicted by a final judgment of a particularly serious
 
 
crime or under subsection (5A) or (5B) ”.
 
 
(5)
In subsection (7), for “(5A)” substitute “ (5ZA) , (5ZB) , (5A) or (5B) ”.
 
 
(6)
In subsection (8), after “(5A)” insert “or (5B)”.
 
 
(7)
In subsection (9)(b), for “(5A)” substitute “ (5ZA) , (5ZB) , (5A) or (5B) ”.
30
 
(8)
In subsection (10)(b), for “(5A)” substitute “ (5ZA) , (5ZB) , (5A) or (5B) ”.
 

Page 52

Part 3

 

Prevention of serious crime

 

Offences relating to things for use in serious crime

 
53
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 54 ;
 
 
“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 53

 
(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).
 
54
Section
15
 
(1)
In section 53 “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 54

 
“Serious offence” has the same meaning as in section 53 .
 
 
(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
55
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 53 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 53 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 53 of the Border Security, Asylum and
 
 
Immigration Act 2025 (articles for use in serious crime).”
 

Serious crime prevention orders

25
56
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 55

 
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 56

 
(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 57

 
(a)
in the heading, after “Orders” insert “and regulations”;
 
 
(b)
in each of subsections (1) and (2) , after “order” insert “or regulations”.
 
57
Interim serious crime prevention orders
 
 
(1)
The Serious Crime Act 2007 is amended as follows.
 
 
(2)
After section 5D (inserted by section 56 ) 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 58

 
(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 59

 
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
58
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 60

 
(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 61

 
(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 62

 
(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 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
15
 
crime prevention orders or interim serious crime
 
 
prevention orders (whether proceedings on appeal,
 
 
by virtue of section 27 or otherwise),
 
 
(d)
to give advice in connection with any proceedings
 
 
or possible proceedings in connection with serious
20
 
crime prevention orders or interim serious crime
 
 
prevention orders, and
 
 
(e)
to do anything for the purposes of, or in connection
 
 
with, the functions in paragraphs (a) to (d) .”;
 
 
(b)
in paragraph 15A —
25
 
(i)
in paragraphs (a) , (c) and (d) omit “that are terrorism-related”;
 
 
(ii)
in paragraph (b) omit “that is terrorism-related”;
 
 
(c)
after paragraph 15B insert—
 
 
“Chief Constable of British Transport Police Force
 
 
15BA
The functions of the Chief Constable of the British Transport
30
 
Police Force under this Part are—
 
 
(a)
to have the conduct of applications for serious crime
 
 
prevention orders and interim serious crime
 
 
prevention orders in England and Wales or for their
 
 
variation or discharge,
35
 
(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
40
 
in, any other proceedings in connection with serious
 
 
crime prevention orders or interim serious crime
 
 
prevention orders in England and Wales (whether
 

Page 63

 
proceedings on appeal, by virtue of section 27 or
 
 
otherwise),
 
 
(d)
to give advice in connection with any proceedings
 
 
or possible proceedings in connection with serious
 
 
crime prevention orders or interim serious crime
5
 
prevention orders in England and Wales, and
 
 
(e)
to do anything for the purposes of, or in connection
 
 
with, the functions in paragraphs (a) to (d) .
 
 
15BB
(1)
The Chief Constable of the British Transport Police Force
 
 
may, to such extent as they may decide, delegate the exercise
10
 
of their functions under this Part to any member of the
 
 
British Transport Police Force of at least the rank of
 
 
superintendent.
 
 
(2)
References in this Part to the Chief Constable of the British
 
 
Transport Police Force are accordingly to be read, so far as
15
 
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
 
 
15BC
The functions of the Chief Constable of the Ministry of
20
 
Defence Police under this Part are—
 
 
(a)
to have the conduct of applications for serious crime
 
 
prevention orders and interim serious crime
 
 
prevention orders in England and Wales or for their
 
 
variation or discharge,
25
 
(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
30
 
in, any other proceedings in connection with serious
 
 
crime prevention orders or interim serious crime
 
 
prevention orders in England and Wales (whether
 
 
proceedings on appeal, by virtue of section 27 or
 
 
otherwise),
35
 
(d)
to give advice in connection with any proceedings
 
 
or possible proceedings in connection with serious
 
 
crime prevention orders or interim serious crime
 
 
prevention orders in England and Wales, and
 
 
(e)
to do anything for the purposes of, or in connection
40
 
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 64

 
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.”
 
59
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 65

 
(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 person of
 
 
the change.
 
 
(3)
A requirement to notify information under sub-paragraph (1) or (2)
 
 
does not apply to an individual by virtue of a relevant order whilst
20
 
the individual is required to notify that information to that person
 
 
by virtue of an earlier relevant order.
 
 
(4)
If the earlier order ceases to be in force on a day on which the later
 
 
order remains in force, the reference in sub-paragraph (1) to the
 
 
first day on which any of the provisions of the order comes into
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 66

 
(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 67

 
(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.”
 
60
Orders by Crown Court on acquittal or when allowing an appeal
 
 
(1)
The Serious Crime Act 2007 is amended as follows.
 

Page 68

 
(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 69

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

Part 4

 

Miscellaneous and general

 

Miscellaneous

 
61
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 70

 
(7)
This section binds the Crown.
 

General

 
62
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.
 
63
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 30 to 36 , Part 3 and section 61 .”
 
64
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 71

 
(a)
regulations under section 15 (3) ;
 
 
(b)
regulations under section 36 (8) ;
 
 
(c)
regulations under section 54 (3) ;
 
 
(d)
regulations under section 63 (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 66 .
 
 
(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.
 
65
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 41 (1) (a) so far as it repeals section 4(7) to (10) of the Illegal
 
 
Migration Act 2023 as it extends to the Channel Islands and the Isle
 
 
of Man and the British overseas territories by virtue of section 67(5)
 
 
of that Act;
 
 
(b)
section 41 (1) (e) so far as it repeals sections 31 to 37 of that Act;
25
 
(c)
section 42 (2) .
 
 
(4)
His Majesty may by Order in Council provide for any of the provisions of
 
 
this Act other than sections 1 to 12 , 27 , 30 to 36 , 39 to 42 and 46 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,
 

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(e)
section 60(4) of the UK Borders Act 2007, and
 
 
(f)
section 95(5) of the Immigration Act 2016.
 
66
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 40 to 42 ;
 
 
(b)
section 44 (1) to (13) and (17) ;
10
 
(c)
section 46 ;
 
 
(d)
this Part;
 
 
(e)
paragraphs 16 to 18 of Schedule 1 (and section 43 and paragraph 1 of
 
 
that Schedule so far as relating to those paragraphs);
 
 
(f)
any other provision of this Act (including provision modifying other
15
 
legislation) so far as it confers power to make regulations or an order
 
 
or is otherwise necessary for enabling the exercise of such a power
 
 
on or after the day on which this Act is passed.
 
 
(4)
Sections 37 , 38 and 48 (except as brought into force by subsection (3) (f) ) come
 
 
into force at the end of the period of two months beginning with the day on
20
 
which this Act is passed.
 
 
(5)
The Secretary of State may by regulations make transitional or saving provision
 
 
in connection with the coming into force of any provision of this Act.
 
 
(6)
The power to make regulations under subsection (5) includes power to make
 
 
different provision for different purposes or areas.
25
 
(7)
Regulations under this section are to be made by statutory instrument.
 
67
Short title
 
 
This Act may be cited as the Border Security, Asylum and Immigration Act
 
 
2025.
 

Page 73

Schedules

 
 
Schedule 1
Section 43
 

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
 

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(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 75

 
(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.
 

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(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—
 

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(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 78

 
(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

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(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 80

 
(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 81

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 82

 
(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 83

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 84

 
(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 85

 
(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 86

 
(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 87

 
(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 88

 
(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 89

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 57
 

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 90

 
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 56 (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 91

 
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 “serious
 
 
crime prevention order” insert “or an interim serious crime prevention
35
 
order”.
 
 
16
(1)
Section 22B (powers of High Court of Justiciary and sheriff to vary orders
 
 
on conviction) is amended as follows.
 
 
(2)
In subsection (2) (a) , after “order” insert “or an interim serious crime
 
 
prevention order”.
40

Page 92

 
(3)
In subsection (5) , for “and (4)(b)” substitute “, (4)(b) and (4A) (b) ”.
 
 
17
(1)
Section 22C (powers of High Court of Justiciary and sheriff to vary or
 
 
replace orders on breach) is amended as follows.
 
 
(2)
In subsection (1) (a) (i) and (ii) and (b) , after “order” insert “or an interim
 
 
serious crime prevention order”.
5
 
(3)
In subsection (5) , for “and (4)(b)” substitute “, (4)(b) and (4A) (b) ”.
 
 
(4)
For subsection (6) substitute—
 
 
“(6)
In this section—
 
 
(a)
a reference to replacing a serious crime prevention order is
 
 
to making a new serious crime prevention order and
10
 
discharging the existing one;
 
 
(b)
a reference to replacing an interim serious crime prevention
 
 
order is to making a new interim serious crime prevention
 
 
order and discharging the existing one.”
 
 
18
(1)
Section 22D (inter-relationship between different types of orders in Scotland)
15
 
is amended as follows.
 
 
(2)
After subsection (1) insert—
 
 
“(1A)
An interim serious crime prevention order made by the appropriate
 
 
court under section 5E or varied under section 17(1A) may be varied
 
 
under section 22B(2) or 22C(2).”
20
 
(3)
In subsection (2) , for the words from “made” to “section 17(1A)” substitute
 
 
“or an interim serious crime prevention order”.
 
 
(4)
For subsection (4) substitute—
 
 
“(4)
A decision by the High Court of Justiciary or (as the case may be)
 
 
the sheriff not to vary a serious crime prevention order or an interim
25
 
serious crime prevention order under section 22B(2) or 22C(2) does
 
 
not prevent a subsequent application under section 17(1A) for a
 
 
variation of the order in consequence of the same offence.”
 
 
19
(1)
Section 22E (extension of orders pending outcome of criminal proceedings)
 
 
is amended as follows.
30
 
(2)
In subsection (1) —
 
 
(a)
in the words before paragraph (a) , after “order” insert “or an interim
 
 
serious crime prevention order”;
 
 
(b)
in paragraph (b) , after “order” insert “or interim serious crime
 
 
prevention order”.
35
 
(3)
In subsection (2) , in each place it occurs, after “order” insert “or an interim
 
 
serious crime prevention order”.
 
 
(4)
In subsection (3) omit “serious crime prevention”.
 
 
(5)
In subsection (4) —
 
 
(a)
in paragraph (a) (ii) , after “22C,” insert “or a new interim serious
40
 
crime prevention order is made under section 21 or 22C,”;
 

Page 93

 
(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 94

 
(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 95

 
(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 96

 
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 97

 
(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

No amendments available.