Borders, Citizenship and Immigration Act 2009

• (3) An amendment, modification or repeal by this Act has the same extent as the enactment or relevant part of the enactment to which it relates (ignoring extent by virtue of an Order in Council under any of the Immigration Acts).

• (4) Subsection (3) does not apply to—

• (a) the amendments made by section 52 (detention at ports in Scotland);

• (b) the amendment made by section 54 (trafficking people for exploitation), which extends to England and Wales and Northern Ireland only.

• (5) Her Majesty may by Order in Council provide for any of the provisions of this Act, other than any provision of Part 1 (border functions) or section 53 (transfer of certain immigration judicial review applications), to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

• (6) Subsection (5) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (3).

Commencement

58

• (1) Part 1 (border functions) comes into force on the day this Act is passed.

• (2) The provisions of Part 2 (citizenship) come into force on such day as the Secretary of State may by order appoint.

• (3) In Part 3 (immigration)—

• (a) section 50 (restriction on studies) comes into force on the day this Act is passed;

• (b) sections 51 (fingerprinting of foreign criminals) and 52 (detention at ports in Scotland) come into force on such day as the Secretary of State may by order appoint.

• (4) In this Part—

• (a) section 53 (transfer of certain immigration judicial review applications) comes into force on such day as the Lord Chancellor may by order appoint;

• (b) sections 54 (trafficking people for exploitation) and 55 (duty regarding the welfare of children) come into force on such day as the Secretary of State may by order appoint.

• (5) Any repeal in the Schedule (and section 56 so far as relating to the repeal) comes into force in the same way as the provisions of this Act to which the repeal relates.

• (6) The other provisions of this Part come into force on the day this Act is passed.

• (7) An order under this section must be made by statutory instrument.

• (8) An order under this section—

• (a) may appoint different days for different purposes;

• (b) may include transitional or incidental provision or savings.

• (9) An order commencing sections 39 to 41 (acquisition of British citizenship by naturalisation) must include provision that the amendments made by those sections do not have effect in relation to an application for naturalisation as a British citizen if—

• (a) the date of the application is before the date on which those sections come into force in accordance with the order (“the date of commencement”), or

• (b) the date of the application is before the end of the period of 24 months beginning with the date of commencement and the application is made by a person who falls within subsection (10) or (11).

• (10) A person falls within this subsection if on the date of commencement the person has indefinite leave to remain in the United Kingdom.

• (11) A person falls within this subsection if the person is given indefinite leave to remain in the United Kingdom on an application—

• (a) the date of which is before the date of commencement, and

• (b) which is decided after the date of commencement.

• (12) The reference in subsection (9) to an order commencing sections 39 to 41 does not include an order commencing those sections for the purpose only of enabling regulations to be made under the British Nationality Act 1981 (c. 61).

• (13) In the case of an order commencing sections 39 to 41, transitional provision may, in particular—

• (a) provide that the qualifying period for the purposes of paragraph 1 or 3 of Schedule 1 to the British Nationality Act 1981 includes time before that commencement;

• (b) provide for leave to enter or remain in the United Kingdom granted before that commencement to be treated as qualifying temporary residence leave or probationary citizenship leave for the purposes of that Schedule.

• (14) In the case of an order commencing section 45 (acquisition of British citizenship through the female line), transitional provision may, in particular, provide that section 45 is to apply to an application made, but not determined, under section 4C of the British Nationality Act 1981 before that commencement.

• (15) No order may be made commencing section 52 (detention at ports in Scotland) unless the Secretary of State has consulted the Scottish Ministers.

• (16) No order may be made commencing section 53 (transfer of certain immigration judicial review applications) unless the functions of the Asylum and Immigration Tribunal in relation to appeals under Part 5 of the Nationality, Immigration and Asylum Act 2002 (c. 41) have been transferred under section 30(1) of the Tribunals, Courts and Enforcement Act 2007 (c. 15).

Short title

59

This Act may be cited as the Borders, Citizenship and Immigration Act 2009.

SCHEDULE

Part 1 — Border functions

Part 2 — Citizenship

Part 3 — Immigration

Part 4 — Miscellaneous

General customs functions of the Secretary of State

Duty to share information

Application of the PACE orders

Short-term holding facilities

Transfer schemes

Inspections by Her Majesty's Inspectors of Constabulary etc.

Prosecution of offences

Payment of revenue to the Commissioners

Power to modify enactments

Application requirements: general

Children born in UK etc. to members of the armed forces

Minors

British Nationals (Overseas) without other citizenship

Descent through the female line

Meaning of references to being in breach of immigration laws

Other interpretation etc.

Extension of sections 1 to 4 of the UK Borders Act 2007 to Scotland

Fingerprinting of foreign criminals liable to automatic deportation

Extension of sections 1 to 4 of the UK Borders Act 2007 to Scotland

Trafficking people for exploitation

Duty regarding the welfare of children

Editorial notes

[^c19853981]: S. 56 partly in force; s. 56 in force for certain purposes at Royal Assent see s. 58

[^key-90a2ad60b1f0a621ed456b2523e89322]: S. 55 in force at 2.11.2009 by S.I. 2009/2731, art. 2(a)

[^key-4f2ddaf6ec5316a9a51610a9a9dd4a32]: S. 56 in force at 2.11.2009 for specified purposes by S.I. 2009/2731, art. 2(b)

[^key-86d5ecb84c39adbc0de679219d1a45af]: Sch. Pt. 4 in force at 2.11.2009 by S.I. 2009/2731, art. 2(c)

[^key-0c6f9c607f5b88ca2ce6805346297138]: S. 51 in force at 10.11.2009 by S.I. 2009/2731, art. 3(a)

[^key-a263bb03d963ceaec013e1f1d3fb21a4]: S. 54 in force at 10.11.2009 by S.I. 2009/2731, art. 3(b)

[^key-ec13da6fae45e85fcf7eca010031266a]: S. 42 in force at 13.1.2010 by S.I. 2009/2731, art. 4(a)

[^key-021410baa7b11ca4eeeb2d0a9b1d94c4]: S. 43 in force at 13.1.2010 by S.I. 2009/2731, art. 4(b)

[^key-9d8cb68506709833b2a2ce799baf5001]: S. 44 in force at 13.1.2010 by S.I. 2009/2731, art. 4(c)

[^key-d0ff63c474bee38ef89c4989b124067f]: S. 45 in force at 13.1.2010 by S.I. 2009/2731, art. 4(d)

[^key-6eba8e0efda58108d9471b4bb7bdcee3]: S. 46 in force at 13.1.2010 by S.I. 2009/2731, art. 4(e)

[^key-cbe1e6c8bb32a9d9e444531fbad4b4e7]: S. 47 in force at 13.1.2010 by S.I. 2009/2731, art. 4(f)

[^key-4427270d00c670215107ac112a2bdf5f]: S. 48 in force at 13.1.2010 by S.I. 2009/2731, art. 4(g)

[^key-ad86618cb4d7a28e723900bcf9c8af3b]: S. 49(1) in force at 13.1.2010 by S.I. 2009/2731, art. 4(h)

[^key-b9d936a5f630d734c6274c509b0d9b1e]: S. 56 in force at 13.1.2010 for specified purposes by S.I. 2009/2731, art. 4(i)

[^key-79fcbd66061984f6723dcab210c57f49]: Sch. Pt. 2 in force at 13.1.2010 for specified purposes by S.I. 2009/2731, art. 4(j)

[^key-688ea60c1c8519a825b0ab671cd3177d]: Word in s. 7(2)(e)(vi) omitted (with effect in accordance with Sch. 24 para. 66(2) of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 24 para. 49(a)

[^key-651d24fbc246dfcb3c660f0a6faecefb]: S. 7(2)(e)(viii) and word inserted (with effect in accordance with Sch. 24 para. 66(2) of the amending Act) by Finance Act 2012 (c. 14), Sch. 24 para. 49(b)

[^key-bc07a5b84d303dc398050a4e7de8f004]: S. 7(2)(e)(i) omitted (with effect in accordance with Sch. 24 para. 66(3) of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 24 para. 58 (with Sch. 24 para. 62)

[^key-c0177d487cc66ac4810262cf20ad96aa]: Words in s. 29(2)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 61(a)

[^key-3384e1668c595809d06371371e0a1580]: Words in s. 29(6)(a) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 61(b)

[^key-b14b1bc422c75c8518570fa38c606105]: S. 53 repealed (1.11.2013) by Crime and Courts Act 2013 (c. 22), ss. 22(4), 61(3); S.I. 2013/2200, art. 5

[^key-34c9c7e1e31499c13d6a82807172358d]: Words in s. 15(7) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 66

[^key-9a99fa2f753b4df411811bcbde0d1423]: Words in s. 18(3)(a) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 67

[^key-167484b8c251912db5887129eb560f49]: S. 31 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 68 (with art. 8)

[^key-1958ffef30e359ae529a0138f8f7d2d9]: S. 37(8) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 69

[^key-f27a8d1929d677f3d9fc874ff82b7f55]: S. 1(6)(aa) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 101(2); S.I. 2014/251, art. 4

[^key-cabd0ec376436c418b1555e152df6ed3]: S. 7(7)(aa) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 101(3); S.I. 2014/251, art. 4

[^key-8fe8517daffc564a5b08af1b32002145]: S. 54A inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 3, 75(3); S.I. 2014/1820, art. 3(b); S.I. 2014/1820, art. 3(b)

[^key-a783ed437100f0841e8c161a2373f616]: S. 51(3) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 60 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

[^key-d2d61a5ed584de41981f1d80f08aba2d]: S. 41(5) in force at 27.10.2014 for specified purposes by S.I. 2014/2634, art. 2(a)

[^key-f8cb1e3c18e04aec08da007c9b8cdf37]: S. 52 in force at 27.10.2014 by S.I. 2014/2634, art. 2(b)

[^key-121453d3cc5413fb950367140249d2e8]: S. 54 repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

[^key-dbcbbb189bbb4b25077ebe317eb5fda3]: Word in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with art. 3(2)(3), 4(2), 6(4)(5))

[^key-7fd8ab107b7ca8d7136e9432f2c48498]: Words in s. 1(2)(d) substituted (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), reg. 1(2), Sch. 7 para. 8(a) (with regs. 8, 15)

[^key-21070d2a14f97f2fcdb428181c1e3e72]: Words in s. 1(2)(e) substituted (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), reg. 1(2), Sch. 7 para. 8(b) (with regs. 8, 15)

[^key-2ee4a5138e584a87aa7e57a0ed5d2222]: S. 19(5) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 157(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^key-206e8398f40d2fdd4867222fb14c9d5e]: Words in s. 19(1)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 157(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^key-e87e972cc89a7e12c18290d59e055b7c]: Words in s. 19(1)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 23 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

[^key-60d3b4dc3b2cdec6329450632e4e20dd]: S. 7(10) inserted by 2018 c. 22, Sch. 7 para. 156(5) (as substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(5)(c) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9))

[^key-4a1d9ba9f9863c3e9692c416ebc92f13]: S. 7(7)(ab) inserted (13.9.2018 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(1)(a), Sch. 7 para. 156(3)(b) (as amended by 2020 c. 26, s. 11(1)(e), Sch. 1 para. 10(5)(b)) (with savings and transitional provisions in S.I. 2020/1449, reg. 3 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(a))

[^key-eec1241b6e2beb24472a09a79ff38d14]: Word in s. 7(7)(aa) omitted (13.9.2018 for specified purposes, 31.12.2020 in so far as not already in force) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(1)(a), Sch. 7 para. 156(3)(a) (with savings and transitional provisions in S.I. 2020/1449, reg. 3 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(a))

[^key-2c658fe4c1553a3e4b1cac5f153684bd]: Words in s. 7(2)(b) substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 2018 c. 22, Sch. 7 para. 156(2)(b) (as substituted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(5)(a) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9)

[^key-96f1c00dd6675dd1edc4fe712fa419c5]: Words in s. 7(2)(c) substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 2018 c. 22, Sch. 7 para. 156(2)(a) (as substituted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(5)(a) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9)

[^key-fcdea07d8a42c6f2e0cf83444df7a7ef]: Words in s. 7(9)(c) substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 2018 c. 22, Sch. 7 para. 156(4) (as substituted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(5)(c) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9)

[^key-aeee5dfaa4bb5f433b339f9bf933fd19]: Words in s. 1(8)(c) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 19(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b268c15b0a2ab96cc5323c76d9761f23]: S. 7(2)(a) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 19(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-01ed7b7273c2659181b2880502fe4fff]: Words in s. 26(7) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 19(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6843f13212b4a8f695a66600a654370a]: Words in s. 38 omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 19(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-95484cfef45ea41fdaf46dc406e978c4]: S. 57(5) power extended (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 86(5)(6)(k), 87(3)(c)

[^key-a505b7ff312ebfdeda7970d27069a2a3]: Words in s. 18(6) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-f54b9d38a93828a99f208b4329b28de9]: S. 39 omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 9(3)(a), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

[^key-5bc1dfe46b048f03ba8c18e881cedaac]: S. 40 omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 9(3)(a), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

[^key-acf13f5381a9292cf0be33d086d49f6f]: Words in s. 41(4) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 9(3)(b), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

[^key-7eb0f514886e2a72a209b50e1cc94581]: S. 41(1)-(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 9(3)(a), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

[^key-bd80cc10fa5fa402734f43881adf2fbc]: S. 49(2) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 9(3)(a), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

[^key-240a169b4e1b29c4bfeaa9211410d207]: S. 49(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 9(3)(a), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

[^key-f57c62bfc7fd734c6e7f1e64d7b4f527]: Words in s. 18(5)(b)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-29a26c782a4074fb6dd9e33f22c57c7f]: Words in s. 18(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-5e31bd69037e2fb9d3a4fcb0ed26396d]: Word in s. 1(8)(c) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 69(2)(a)

[^key-21245f729be39dccb0207cc9368067d6]: Word in s. 7(9)(c) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 69(2)(b)

[^key-ca87863e9bb748bcdc421bd10f87c22c]: Word in s. 26(7) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 69(2)(c)

[^key-43fbdc32b16036c52fcf18e028888525]: Words in s. 1(8)(b) substituted (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 32(2)

[^key-0b1767d49fa5f5fb39fc5f7e5394002c]: Words in s. 7(9)(b) substituted (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 32(3)

[^key-2e4f7f2a08288d7d2662798a0449d413]: S. 22 repealed (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 31

[^key-a3cc18876eec6322d51d793aa75c2597]: Word in s. 57(2) substituted (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 32(4)(a)

[^key-74dba79a2ef52536bbb0d926a6308608]: Word in s. 57(2) substituted (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 32(4)(b)

Power to make supplementary etc. provision

Application requirements: family members etc.

Children born in UK etc. to members of the armed forces

Minors

British Nationals (Overseas) without other citizenship

Descent through the female line

Meaning of references to being in breach of immigration laws

Other interpretation etc.

Restriction on studies

Transfer of certain immigration judicial review applications

Transfer of certain immigration judicial review applications

54A

• (1) The Independent Family Returns Panel is established.

• (2) The Secretary of State must consult the Independent Family Returns Panel—

• (a) in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and

• (b) in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family.

• (3) A family returns case is a case where—

• (a) a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, and

• (b) an individual who—

• (i) is a parent of the child or has care of the child, and

• (ii) is living in a household in the United Kingdom with the child,

is also to be removed from or required to leave the United Kingdom.

• (4) The Secretary of State may by regulations make provision about—

• (a) additional functions of the Independent Family Returns Panel,

• (b) its status and constitution,

• (c) the appointment of its members,

• (d) the payment of remuneration and allowances to its members, and

• (e) any other matters in connection with its establishment and operation.

• (5) Regulations under this section must be made by statutory instrument.

• (6) An instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) In this section—

• “child” means a person who is under the age of 18;

• “pre-departure accommodation” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;

• references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.

Extension of sections 1 to 4 of the UK Borders Act 2007 to Scotland

Children born in UK etc. to members of the armed forces

Minors

British Nationals (Overseas) without other citizenship

Descent through the female line

Meaning of references to being in breach of immigration laws

Other interpretation etc.

Restriction on studies

Fingerprinting of foreign criminals liable to automatic deportation