LegalizeReform history
Border Security, Asylum and Immigration Act 2025
4 versions
· 2025-12-02
2026-03-05
Border Security, Asylum and Immigration Act 2025
2026-02-02
Border Security, Asylum and Immigration Act 2025
2026-01-05
Border Security, Asylum and Immigration Act 2025
Changes on 2026-01-05
@@ -20,11 +20,11 @@
##### 2
- (1) The Commander is to hold and vacate office in accordance with the terms and conditions of the Commander’s designation, subject to subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/2/3/enacted) to [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/2/5/enacted).
- (1) The Commander is to hold and vacate office in accordance with the terms and conditions of the Commander’s designation, subject to subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/2/3/2026-01-05) to [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/2/5/2026-01-05).
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/2/2/enacted), the Secretary of State may terminate a person’s designation as the Commander—
- (3) In addition to any terms and conditions about termination determined under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/2/2/2026-01-05), the Secretary of State may terminate a person’s designation as the Commander—
- (a) in the interests of efficiency or effectiveness,
@@ -40,7 +40,7 @@
- (c) consider any written representations made by the Commander.
- (5) If, having complied with subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/2/4/enacted), the Secretary of State determines that a person’s designation as Commander should be terminated, the Secretary of State may terminate that designation—
- (5) If, having complied with subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/2/4/2026-01-05), 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
@@ -60,7 +60,7 @@
- (a) the principal threats to border security when the document is issued, and
- (b) the strategic priorities to which partner authorities should have regard in exercising their functions in relation to any of the threats identified under paragraph [(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2/a/enacted).
- (b) the strategic priorities to which partner authorities should have regard in exercising their functions in relation to any of the threats identified under paragraph [(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2/a/2026-01-05).
- (3) A partner authority must have regard to the strategic priority document in exercising its functions in relation to threats to border security.
@@ -74,7 +74,7 @@
- “*border security*” means the security of the United Kingdom’s borders;
- “*partner authority*” means, subject to subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/6/enacted) and section [10](https://www.legislation.gov.uk/ukpga/2025/31/section/10/enacted), a public authority with functions in relation to threats to border security (whether exercisable in the United Kingdom or elsewhere);
- “*partner authority*” means, subject to subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/6/2026-01-05) and section [10](https://www.legislation.gov.uk/ukpga/2025/31/section/10/2026-01-05), a public authority with functions in relation to threats to border security (whether exercisable in the United Kingdom or elsewhere);
- “*public authority*” means a person with functions of a public nature.
@@ -86,7 +86,7 @@
- (c) GCHQ.
- (7) For the purposes of this Chapter (but subject to subsection [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/9/enacted)), 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/8/enacted).
- (7) For the purposes of this Chapter (but subject to subsection [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/9/2026-01-05)), 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/8/2026-01-05).
- (8) Those circumstances are where such passage or conveyance, or the organisation of or preparation for such passage or conveyance—
@@ -108,7 +108,7 @@
- (a) state how the Commander has carried out the functions of the Commander in the financial year, and
- (b) set out the Commander’s views on the performance in the financial year of the border security system, with particular reference to any strategic priorities specified by the Commander in relation to that year under section [3](https://www.legislation.gov.uk/ukpga/2025/31/section/3/enacted)[(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2/b/enacted).
- (b) set out the Commander’s views on the performance in the financial year of the border security system, with particular reference to any strategic priorities specified by the Commander in relation to that year under section [3](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2026-01-05)[(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2/b/2026-01-05).
- (3) The Commander must send a copy of the report to the Secretary of State.
@@ -130,11 +130,11 @@
- (1) A partner authority must, so far as appropriate and reasonably practicable, cooperate with the Commander in the carrying out of the Commander’s functions.
- (2) The duty under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/5/1/enacted) extends only so far as the cooperation is compatible with the exercise of the partner authority’s other functions.
- (2) The duty under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/5/1/2026-01-05) extends only so far as the cooperation is compatible with the exercise of the partner authority’s other functions.
- (3) The Commander and a person to whom this subsection applies must put in place arrangements governing cooperation between the Commander and that person in support of the Commander’s functions.
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/5/3/enacted) applies to—
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/5/3/2026-01-05) applies to—
- (a) the Director-General of the Security Service,
@@ -160,7 +160,7 @@
- (b) one or more representatives nominated by each relevant partner authority.
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/6/3/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/6/3/b/enacted) “*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.
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/6/3/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/6/3/b/2026-01-05) “*relevant partner authority*” means a partner authority which the Commander has for the time being determined should nominate one or more representatives to the Board.
- (5) The Commander may invite any public authority other than a partner authority to nominate one or more representatives of that authority to attend a particular meeting of the Board.
@@ -246,9 +246,9 @@
In this Chapter—
- “*the Board*” has the meaning given by section [6](https://www.legislation.gov.uk/ukpga/2025/31/section/6/enacted)[(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/6/2/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/6/2/b/enacted);
- “*border security*” has the meaning given by section [3](https://www.legislation.gov.uk/ukpga/2025/31/section/3/enacted)[(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/5/enacted);
- “*the Board*” has the meaning given by section [6](https://www.legislation.gov.uk/ukpga/2025/31/section/6/2026-01-05)[(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/6/2/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/6/2/b/2026-01-05);
- “*border security*” has the meaning given by section [3](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2026-01-05)[(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/5/2026-01-05);
- “*civil servant*” means an individual who is employed in the civil service of the State;
@@ -256,11 +256,11 @@
- “*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](https://www.legislation.gov.uk/ukpga/2025/31/section/3/enacted)[(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/5/enacted);
- “*public authority*” has the meaning given by section [3](https://www.legislation.gov.uk/ukpga/2025/31/section/3/enacted)[(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/5/enacted);
- “*threats to border security*” is to be constructed in accordance with section [3](https://www.legislation.gov.uk/ukpga/2025/31/section/3/enacted)[(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/7/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/9/enacted).
- “*partner authority*” has the meaning given by section [3](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2026-01-05)[(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/5/2026-01-05);
- “*public authority*” has the meaning given by section [3](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2026-01-05)[(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/5/2026-01-05);
- “*threats to border security*” is to be constructed in accordance with section [3](https://www.legislation.gov.uk/ukpga/2025/31/section/3/2026-01-05)[(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/7/2026-01-05) to [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/3/9/2026-01-05).
### Chapter 2 — Other border security provision
@@ -282,9 +282,9 @@
- (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 show that they had a reasonable excuse for the action mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/1/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/1/a/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/2/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/2/a/enacted) (as the case may be).
- (4) The cases in which a person has a reasonable excuse for the purposes of subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/3/enacted) include (but are not limited to) those in which—
- (3) It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse for the action mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/1/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/1/a/2026-01-05) or [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/2/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/2/a/2026-01-05) (as the case may be).
- (4) The cases in which a person has a reasonable excuse for the purposes of subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/3/2026-01-05) include (but are not limited to) those in which—
- (a) their action was for the purposes of carrying out a rescue of a person from danger or serious harm, or
@@ -302,7 +302,7 @@
- (6) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
- (7) In this section and sections [14](https://www.legislation.gov.uk/ukpga/2025/31/section/14/enacted) and [16](https://www.legislation.gov.uk/ukpga/2025/31/section/16/enacted) “*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—
- (7) In this section and sections [14](https://www.legislation.gov.uk/ukpga/2025/31/section/14/2026-01-05) and [16](https://www.legislation.gov.uk/ukpga/2025/31/section/16/2026-01-05) “*asylum-seeker*” means a person who intends to claim that to remove them from or require them to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—
- (a) the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or
@@ -312,7 +312,7 @@
##### 14
- (1) A person (“*P*”) commits an offence if, in the circumstances mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/2/enacted)—
- (1) A person (“*P*”) commits an offence if, in the circumstances mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/2/2026-01-05)—
- (a) P receives or arranges to receive a relevant article from another person,
@@ -320,19 +320,19 @@
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/1/enacted), P knows or suspects that the relevant article has been, is being, or is to be used by P or any other person in connection with an offence under section 24 or 25 of the Immigration Act 1971.
- (3) A person (“*P*”) commits an offence if, in the circumstances mentioned in subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/4/enacted), P is concerned in—
- (2) Those circumstances are where, at the time P does the act mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/1/2026-01-05), P knows or suspects that the relevant article has been, is being, or is to be used by P or any other person in connection with an offence under section 24 or 25 of the Immigration Act 1971.
- (3) A person (“*P*”) commits an offence if, in the circumstances mentioned in subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/4/2026-01-05), 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 person.
- (4) Those circumstances are where, at any time when P is concerned in an act as mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/3/enacted), 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.
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/1/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/3/enacted) (as the case may be).
- (6) The cases in which a person has a reasonable excuse for the purposes of subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/5/enacted) include (but are not limited to) those in which—
- (4) Those circumstances are where, at any time when P is concerned in an act as mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/3/2026-01-05), 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.
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/1/2026-01-05) or [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/3/2026-01-05) (as the case may be).
- (6) The cases in which a person has a reasonable excuse for the purposes of subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/5/2026-01-05) include (but are not limited to) those in which—
- (a) their action was for the purposes of carrying out a rescue of a person from danger or serious harm, or
@@ -354,7 +354,7 @@
##### 15
- (1) In sections [13](https://www.legislation.gov.uk/ukpga/2025/31/section/13/enacted) and [14](https://www.legislation.gov.uk/ukpga/2025/31/section/14/enacted) “*relevant article*” means any thing or substance, other than—
- (1) In sections [13](https://www.legislation.gov.uk/ukpga/2025/31/section/13/2026-01-05) and [14](https://www.legislation.gov.uk/ukpga/2025/31/section/14/2026-01-05) “*relevant article*” means any thing or substance, other than—
- (a) food or drink,
@@ -374,9 +374,9 @@
- (i) anything designed solely or principally to enable a person in distress at sea to signal for help.
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/1/enacted)—
- (a) paragraph [(d)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/1/d/enacted) does not include—
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/1/2026-01-05)—
- (a) paragraph [(d)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/1/d/2026-01-05) does not include—
- (i) anything which is or includes a blade or sharp point,
@@ -384,19 +384,19 @@
- (iii) any thing or substance in an aerosol container;
- (b) paragraphs [(g)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/1/g/enacted) and [(h)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/1/h/enacted) do not include a vessel designed to be used for transportation by water.
- (b) paragraphs [(g)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/1/g/2026-01-05) and [(h)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/1/h/2026-01-05) do not include a vessel designed to be used for transportation by water.
- (3) The Secretary of State may by regulations amend this section so as to—
- (a) add to the list of things and substances for the time being specified in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/1/enacted) as things and substances which are not relevant articles;
- (b) make provision which is consequential on provision made under paragraph [(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/3/a/enacted).
- (a) add to the list of things and substances for the time being specified in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/1/2026-01-05) as things and substances which are not relevant articles;
- (b) make provision which is consequential on provision made under paragraph [(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/3/a/2026-01-05).
#### Collecting information for use in immigration crime
##### 16
- (1) A person (“*P*”) commits an offence if, in the circumstances mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/2/enacted)—
- (1) A person (“*P*”) commits an offence if, in the circumstances mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/2/2026-01-05)—
- (a) P collects or makes a record of information of a kind likely to be useful to a person organising or preparing for a relevant journey or part of such a journey,
@@ -406,7 +406,7 @@
- (2) Those circumstances are where there is a reasonable suspicion that the record or document, or any information contained in it, will be used by P or any other person in organising or preparing for a relevant journey or part of such a journey.
- (3) The cases in which P collects or makes a record for the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/1/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/1/a/enacted) include (but are not limited to) those in which P does so by means of the internet (whether by downloading the record or otherwise).
- (3) The cases in which P collects or makes a record for the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/1/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/1/a/2026-01-05) include (but are not limited to) those in which P does so by means of the internet (whether by downloading the record or otherwise).
- (4) For the purposes of this section information may be useful for a particular purpose whether or not it may also be useful to members of the public at large for any purpose.
@@ -414,9 +414,9 @@
- (6) It is a defence for a person charged with an offence under this section to show that their action or possession was for the purposes of a journey to be made only by them.
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/1/enacted).
- (8) The cases in which a person has a reasonable excuse for the purposes of subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/7/enacted) include (but are not limited to) those in which—
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/1/2026-01-05).
- (8) The cases in which a person has a reasonable excuse for the purposes of subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/7/2026-01-05) include (but are not limited to) those in which—
- (a) at the time of the person’s action or possession the person did not know, and had no reason to believe, that the document or record in question contained, or was likely to contain, information of a kind likely to be useful to a person organising or preparing for a relevant journey or part of such a journey,
@@ -438,7 +438,7 @@
- (ii) does not charge for its services.
- (9) Where, in accordance with subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/6/enacted) or [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/7/enacted), 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—
- (9) Where, in accordance with subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/6/2026-01-05) or [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/7/2026-01-05), 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
@@ -518,13 +518,13 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/31/section/18/enacted)*.*
- (9) This section is subject to [section 18](https://www.legislation.gov.uk/ukpga/2025/31/section/18/2026-01-05)*.*
#### Application of section 17 to internet service providers
##### 18
- (1) An internet service provider does not commit an offence under [section 17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/enacted) by—
- (1) An internet service provider does not commit an offence under [section 17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/2026-01-05) by—
- (a) providing access to a communication network, or
@@ -536,7 +536,7 @@
- (iii) select or modify the information contained in the transmission.
- (2) The references in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/18/1/enacted) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—
- (2) The references in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/18/1/2026-01-05) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—
- (a) is automatic, intermediate and transient,
@@ -544,7 +544,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/31/section/17/enacted) by storing information provided by a user for transmission in a communication network if—
- (3) An internet service provider does not commit an offence under [section 17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/2026-01-05) by storing information provided by a user for transmission in a communication network if—
- (a) the storage of the information—
@@ -558,7 +558,7 @@
- (ii) complies with any conditions attached to having access to the information, and
- (iii) on obtaining actual knowledge of a matter within subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/18/4/enacted), promptly removes the information or disables access to it.
- (iii) on obtaining actual knowledge of a matter within subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/18/4/2026-01-05), promptly removes the information or disables access to it.
- (4) The matters within this subsection are that—
@@ -568,13 +568,13 @@
- (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
- (5) An internet service provider does not commit an offence under [section 17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/enacted) by storing information provided by a user who is not acting under the authority or control of the provider if—
- (5) An internet service provider does not commit an offence under [section 17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/2026-01-05) 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 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.
- (6) Section [17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/enacted)[(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/17/5/enacted) and [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/17/6/enacted) applies for the purposes of this section.
- (6) Section [17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/2026-01-05)[(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/17/5/2026-01-05) and [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/17/6/2026-01-05) applies for the purposes of this section.
- (7) In this section—
@@ -586,7 +586,7 @@
##### 19
- (1) This section applies where an offence under [section 17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/enacted) is committed by a body.
- (1) This section applies where an offence under [section 17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/2026-01-05) is committed by a body.
- (2) If the offence is committed with the consent or connivance of a person (“*P*”) who is—
@@ -606,27 +606,27 @@
##### 20
- (1) Section [13](https://www.legislation.gov.uk/ukpga/2025/31/section/13/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/2/enacted), [14](https://www.legislation.gov.uk/ukpga/2025/31/section/14/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/1/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/3/enacted), [16](https://www.legislation.gov.uk/ukpga/2025/31/section/16/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/1/enacted) or [17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/17/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/17/2/enacted) applies to things done inside or outside the United Kingdom, regardless of—
- (1) Section [13](https://www.legislation.gov.uk/ukpga/2025/31/section/13/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/1/2026-01-05) or [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/13/2/2026-01-05), [14](https://www.legislation.gov.uk/ukpga/2025/31/section/14/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/1/2026-01-05) or [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/14/3/2026-01-05), [16](https://www.legislation.gov.uk/ukpga/2025/31/section/16/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/16/1/2026-01-05) or [17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/17/1/2026-01-05) or [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/17/2/2026-01-05) 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.
- (2) Where an offence under section [13](https://www.legislation.gov.uk/ukpga/2025/31/section/13/enacted), [14](https://www.legislation.gov.uk/ukpga/2025/31/section/14/enacted), [16](https://www.legislation.gov.uk/ukpga/2025/31/section/16/enacted) or [17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/enacted) is committed outside the United Kingdom—
- (2) Where an offence under section [13](https://www.legislation.gov.uk/ukpga/2025/31/section/13/2026-01-05), [14](https://www.legislation.gov.uk/ukpga/2025/31/section/14/2026-01-05), [16](https://www.legislation.gov.uk/ukpga/2025/31/section/16/2026-01-05) or [17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/2026-01-05) is committed outside the United Kingdom—
- (a) proceedings for the offence may be taken at any place in the United Kingdom, and
- (b) the offence may for all incidental purposes be treated as having been committed at any such place.
- (3) In the application of subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/20/2/enacted) to Scotland, any such proceedings against a person may be taken—
- (3) In the application of subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/20/2/2026-01-05) to Scotland, any such proceedings against a person may be taken—
- (a) in any sheriff court district in which the person is apprehended or is in custody, or
- (b) in such sheriff court district as the Lord Advocate may determine.
- (4) For the purposes of subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/20/3/enacted), “*sheriff court district*” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).
- (5) Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under section [13](https://www.legislation.gov.uk/ukpga/2025/31/section/13/enacted), [14](https://www.legislation.gov.uk/ukpga/2025/31/section/14/enacted), [16](https://www.legislation.gov.uk/ukpga/2025/31/section/16/enacted) or [17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/enacted).
- (4) For the purposes of subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/20/3/2026-01-05), “*sheriff court district*” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).
- (5) Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under section [13](https://www.legislation.gov.uk/ukpga/2025/31/section/13/2026-01-05), [14](https://www.legislation.gov.uk/ukpga/2025/31/section/14/2026-01-05), [16](https://www.legislation.gov.uk/ukpga/2025/31/section/16/2026-01-05) or [17](https://www.legislation.gov.uk/ukpga/2025/31/section/17/2026-01-05).
### Endangering another during sea crossing to United Kingdom
@@ -634,7 +634,7 @@
##### 21
- (1) Section 24 of the Immigration Act 1971 (illegal entry and similar offences) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/21/2/enacted) to [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/21/8/enacted).
- (1) Section 24 of the Immigration Act 1971 (illegal entry and similar offences) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/21/2/2026-01-05) to [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/21/8/2026-01-05).
- (2) After subsection (E1) insert—
@@ -668,7 +668,7 @@
> (6) Subsection [(E1A)](#p01678) applies to acts carried out inside or outside the United Kingdom.
- (8) After subsection (6) (as inserted by subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/21/7/enacted)) insert—
- (8) After subsection (6) (as inserted by subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/21/7/2026-01-05)) insert—
> (7) If, on the trial of a person charged with an offence under subsection [(E1A)](#p01678) in connection with the commission of an offence under subsection (A1), (B1), (D1) or (E1), a magistrates’ court, sheriff or jury finds the person not guilty of the offence charged, the magistrates’ court, sheriff or jury may find the person guilty of an offence under subsection (A1), (B1), (D1) or (E1) as the case may be.
@@ -692,11 +692,11 @@
##### 22
- (1) This section defines key expressions used in this section and sections [23](https://www.legislation.gov.uk/ukpga/2025/31/section/23/enacted) to [26](https://www.legislation.gov.uk/ukpga/2025/31/section/26/enacted).
- (1) This section defines key expressions used in this section and sections [23](https://www.legislation.gov.uk/ukpga/2025/31/section/23/2026-01-05) to [26](https://www.legislation.gov.uk/ukpga/2025/31/section/26/2026-01-05).
- (2) “*Relevant person*” means a person who—
- (a) has entered or arrived in the United Kingdom as mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/22/3/enacted) (whether before or after this section comes into force), and
- (a) has entered or arrived in the United Kingdom as mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/22/3/2026-01-05) (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.
@@ -726,9 +726,9 @@
- (e) an NCA officer,
(and see also section [28](https://www.legislation.gov.uk/ukpga/2025/31/section/28/enacted)).
- (7) For the meaning of other expressions used in this section, see section [29](https://www.legislation.gov.uk/ukpga/2025/31/section/29/enacted).
(and see also section [28](https://www.legislation.gov.uk/ukpga/2025/31/section/28/2026-01-05)).
- (7) For the meaning of other expressions used in this section, see section [29](https://www.legislation.gov.uk/ukpga/2025/31/section/29/2026-01-05).
#### Powers of authorised officers to search for relevant articles
@@ -736,9 +736,9 @@
- (1) An authorised officer may search a relevant person for any relevant article if the officer has reasonable grounds to suspect that the relevant person is in possession of a relevant article.
- (2) An authorised officer may search a person under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/23/1/enacted) only if the person has not previously been searched under that subsection since the person’s entry or arrival as mentioned in section [22](https://www.legislation.gov.uk/ukpga/2025/31/section/22/enacted)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/22/3/enacted).
- (3) The power of an authorised officer to search a person under [subsection (1)](https://www.legislation.gov.uk/ukpga/2025/31/section/23/1/enacted)—
- (2) An authorised officer may search a person under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/23/1/2026-01-05) only if the person has not previously been searched under that subsection since the person’s entry or arrival as mentioned in section [22](https://www.legislation.gov.uk/ukpga/2025/31/section/22/2026-01-05)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/22/3/2026-01-05).
- (3) The power of an authorised officer to search a person under [subsection (1)](https://www.legislation.gov.uk/ukpga/2025/31/section/23/1/2026-01-05)—
- (a) authorises the search of the person’s mouth, and
@@ -770,11 +770,11 @@
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/23/7/enacted), 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.
- (8) If an inspector gives an authorisation under [subsection (7)](https://www.legislation.gov.uk/ukpga/2025/31/section/23/7/2026-01-05), 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.
- (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.
- (10) If an NCA officer gives an authorisation under subsection [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/23/9/enacted), 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.
- (10) If an NCA officer gives an authorisation under subsection [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/23/9/2026-01-05), 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.
@@ -786,45 +786,45 @@
- (1) An authorised officer may seize any relevant article that—
- (a) is found on a search carried out under [section 23](https://www.legislation.gov.uk/ukpga/2025/31/section/23/enacted), or
- (a) is found on a search carried out under [section 23](https://www.legislation.gov.uk/ukpga/2025/31/section/23/2026-01-05), 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/enacted) only if the seizure of the article is authorised by a police officer of at least the rank of inspector.
- (3) If an inspector gives an authorisation under [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2/enacted), 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/enacted) only if the seizure of the article is authorised by an NCA officer at or above a grade that is equivalent to the rank of inspector.
- (5) If an NCA officer gives an authorisation under subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/4/enacted), 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 exercise of a power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/enacted) as they apply in relation to a designated officer acting in the exercise of an operational power within the meaning of that Schedule.
- (8) A relevant article seized by a constable or an NCA officer under [subsection (1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/enacted) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/enacted) or given under subsection [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/8/enacted)—
- (2) A constable may seize a relevant article under [subsection (1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/2026-01-05) only if the seizure of the article is authorised by a police officer of at least the rank of inspector.
- (3) If an inspector gives an authorisation under [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2/2026-01-05), 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/2026-01-05) only if the seizure of the article is authorised by an NCA officer at or above a grade that is equivalent to the rank of inspector.
- (5) If an NCA officer gives an authorisation under subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/4/2026-01-05), 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 exercise of a power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/2026-01-05).
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/2026-01-05) as they apply in relation to a designated officer acting in the exercise of an operational power within the meaning of that Schedule.
- (8) A relevant article seized by a constable or an NCA officer under [subsection (1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/2026-01-05) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/2026-01-05) or given under subsection [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/8/2026-01-05)—
- (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](https://www.legislation.gov.uk/ukpga/2025/31/section/26/enacted), or
- (i) for the purposes of accessing, examining or copying information stored on the article as mentioned in [section 26](https://www.legislation.gov.uk/ukpga/2025/31/section/26/2026-01-05), or
- (ii) for use in proceedings for an offence;
- (b) must, subject to subsections [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/8/enacted) and [(11)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/11/enacted) and section [25](https://www.legislation.gov.uk/ukpga/2025/31/section/25/enacted), be returned when [paragraph (a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/enacted) ceases to apply in relation to it.
- (10) A relevant article which must be returned in accordance with subsection [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/b/enacted) must be returned—
- (b) must, subject to subsections [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/8/2026-01-05) and [(11)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/11/2026-01-05) and section [25](https://www.legislation.gov.uk/ukpga/2025/31/section/25/2026-01-05), be returned when [paragraph (a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/2026-01-05) ceases to apply in relation to it.
- (10) A relevant article which must be returned in accordance with subsection [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/b/2026-01-05) must be returned—
- (a) to the person from whom it was seized, or
- (b) if there is no such person, to the person who an authorised officer reasonably believes was last in possession of the article before it was seized.
- (11) Subsection [(12)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/12/enacted), [(13)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/13/enacted), [(14)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/14/enacted) or [(16)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/16/enacted) applies (as the case may be) to a relevant article to which subsection [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/enacted) ceases to apply if—
- (a) there is no person to whom it can be returned in accordance with subsection [(10)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/10/enacted), and
- (b) it is not required to be dealt with in accordance with section [25](https://www.legislation.gov.uk/ukpga/2025/31/section/25/enacted).
- (11) Subsection [(12)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/12/2026-01-05), [(13)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/13/2026-01-05), [(14)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/14/2026-01-05) or [(16)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/16/2026-01-05) applies (as the case may be) to a relevant article to which subsection [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/2026-01-05) ceases to apply if—
- (a) there is no person to whom it can be returned in accordance with subsection [(10)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/10/2026-01-05), and
- (b) it is not required to be dealt with in accordance with section [25](https://www.legislation.gov.uk/ukpga/2025/31/section/25/2026-01-05).
- (12) If the relevant article is in the possession of an immigration officer or the Secretary of State, it must be disposed of in accordance with section 26 of the UK Borders Act 2007 and any regulations made under that section.
@@ -834,9 +834,9 @@
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/enacted) of this section ceased to apply to it.
- (15) In the application of Part 6 of that Act in relation to a relevant article by virtue of subsection [(14)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/14/enacted), references in that Part to action which may or must be taken in relation to the finder of property are to be disregarded.
- (b) it were delivered to a constable on the date when subsection [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/2026-01-05) of this section ceased to apply to it.
- (15) In the application of Part 6 of that Act in relation to a relevant article by virtue of subsection [(14)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/14/2026-01-05), 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 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.
@@ -846,15 +846,15 @@
- (1) This section applies if—
- (a) an immigration officer retains a relevant article under section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/enacted)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/enacted), and
- (a) an immigration officer retains a relevant article under section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2026-01-05)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/2026-01-05), 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 immigration offence (a “relevant offence”).
- (2) Subject to subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/3/enacted), the immigration officer must, as soon as is reasonably practicable after forming the belief mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/b/enacted), notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.
- (2) Subject to subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/3/2026-01-05), the immigration officer must, as soon as is reasonably practicable after forming the belief mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/b/2026-01-05), notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.
- (3) If the immigration officer reasonably believes that the relevant article or information stored on it has also been obtained in consequence of the commission of, or is evidence in relation to, an immigration offence—
- (a) subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/2/enacted) does not apply, and
- (a) subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/2/2026-01-05) does not apply, and
- (b) the immigration officer may notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.
@@ -870,23 +870,23 @@
- (6) If the person informs the immigration officer that the person will accept the relevant article, the immigration officer must give it to the person as soon as is reasonably practicable.
- (7) Once the relevant article has been given as mentioned in subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/6/enacted), any provision of an enactment which applies to items seized or taken away by the person applies to the article as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence.
- (8) If the person informs the immigration officer that the person will not accept the relevant article because subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/5/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/5/a/enacted) applies, the immigration officer must, as soon as is reasonably practicable, decide whether to continue to retain the relevant article under section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/enacted)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/enacted).
- (9) If the person informs the immigration officer that the person will not accept the relevant article because subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/5/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/5/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/5/c/enacted) applies, the immigration officer must, as soon as is reasonably practicable—
- (7) Once the relevant article has been given as mentioned in subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/6/2026-01-05), any provision of an enactment which applies to items seized or taken away by the person applies to the article as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence.
- (8) If the person informs the immigration officer that the person will not accept the relevant article because subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/5/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/5/a/2026-01-05) applies, the immigration officer must, as soon as is reasonably practicable, decide whether to continue to retain the relevant article under section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2026-01-05)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/2026-01-05).
- (9) If the person informs the immigration officer that the person will not accept the relevant article because subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/5/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/5/b/2026-01-05) or [(c)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/5/c/2026-01-05) applies, the immigration officer must, as soon as is reasonably practicable—
- (a) notify another person (if any) who the immigration officer thinks has functions in relation to the investigation of the relevant offence that the article is being retained by an immigration officer, or
- (b) if there is no such person, decide whether to continue to retain the relevant article under section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/enacted)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/enacted).
- (b) if there is no such person, decide whether to continue to retain the relevant article under section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2026-01-05)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/2026-01-05).
- (10) Where a relevant article to which this section applies or information stored on such an article has been obtained in consequence of the commission of, or is evidence in relation to, more than one offence other than an immigration offence, references in this section to the relevant offence are to any of those offences.
- (11) A function conferred or imposed by this section on an immigration officer may be exercised by any other immigration officer.
- (12) This section applies to a relevant article retained under section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/enacted)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/enacted) by the Secretary of State as it applies to a relevant article retained under that provision by an immigration officer.
- (13) In the application of this section by virtue of subsection [(12)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/12/enacted), references to an immigration officer (other than in subsection [(11)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/11/enacted)) are to be read as references to the Secretary of State.
- (12) This section applies to a relevant article retained under section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2026-01-05)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/2026-01-05) by the Secretary of State as it applies to a relevant article retained under that provision by an immigration officer.
- (13) In the application of this section by virtue of subsection [(12)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/12/2026-01-05), references to an immigration officer (other than in subsection [(11)](https://www.legislation.gov.uk/ukpga/2025/31/section/25/11/2026-01-05)) are to be read as references to the Secretary of State.
- (14) In this section—
@@ -900,19 +900,19 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/31/section/24/enacted)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/enacted);
- (a) access and examine any information stored on a relevant article that is retained under [section 24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2026-01-05)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/a/2026-01-05);
- (b) copy and retain any information stored on the relevant article that relates, or may relate, to the commission (whether in the past or future) of an offence under section 25 or 25A of the Immigration Act 1971;
- (c) use any information retained under paragraph [(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/26/1/b/enacted) for a purpose relating to the prevention, detection, investigation or prosecution of such an offence.
- (2) A constable may access, examine, copy, retain or use information under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/26/1/enacted) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/26/2/enacted), 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 access, examine, copy, retain or use information under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/26/1/enacted) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/26/4/enacted), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer of a grade that is equivalent to the rank of superintendent or above to be informed.
- (c) use any information retained under paragraph [(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/26/1/b/2026-01-05) for a purpose relating to the prevention, detection, investigation or prosecution of such an offence.
- (2) A constable may access, examine, copy, retain or use information under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/26/1/2026-01-05) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/26/2/2026-01-05), 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 access, examine, copy, retain or use information under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/26/1/2026-01-05) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/26/4/2026-01-05), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer of a grade that is equivalent to the rank of superintendent or above to be informed.
#### Amendment of the Criminal Justice and Police Act 2001
@@ -922,19 +922,19 @@
- (2) In section 57(1) (retention of seized items), after paragraph (x) (inserted by the Public Authorities (Fraud, Error and Recovery) Act 2025) insert—
> (y) section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/enacted)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/enacted) to [(16)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/16/enacted) of the Border Security, Asylum and Immigration Act 2025.
> (y) section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2026-01-05)[(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/9/2026-01-05) to [(16)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/16/2026-01-05) 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) insert—
> (73Y) The power of seizure conferred by section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/enacted) of the Border Security, Asylum and Immigration Act 2025.
> (73Y) The power of seizure conferred by section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/2026-01-05) of the Border Security, Asylum and Immigration Act 2025.
- (4) In Part 2 of Schedule 1 (powers of seizure to which section 51 of the Act applies), after paragraph 83B insert—
> (83C) The power of seizure conferred by section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/enacted) of the Border Security, Asylum and Immigration Act 2025.
> (83C) The power of seizure conferred by section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/2026-01-05) of the Border Security, Asylum and Immigration Act 2025.
- (5) In Part 3 of Schedule 1 (powers of seizure to which section 55 of the Act applies), after paragraph 114 insert—
> (115) The power of seizure conferred by section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/enacted) of the Border Security, Asylum and Immigration Act 2025.
> (115) The power of seizure conferred by section [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/24/1/2026-01-05) of the Border Security, Asylum and Immigration Act 2025.
#### Extension of powers to other persons
@@ -942,19 +942,19 @@
- (1) The Secretary of State may by regulations provide—
- (a) that a reference to an authorised officer or an immigration officer in section [22](https://www.legislation.gov.uk/ukpga/2025/31/section/22/enacted), [23](https://www.legislation.gov.uk/ukpga/2025/31/section/23/enacted), [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/enacted) or [26](https://www.legislation.gov.uk/ukpga/2025/31/section/26/enacted) includes a person of a description specified in the regulations;
- (a) that a reference to an authorised officer or an immigration officer in section [22](https://www.legislation.gov.uk/ukpga/2025/31/section/22/2026-01-05), [23](https://www.legislation.gov.uk/ukpga/2025/31/section/23/2026-01-05), [24](https://www.legislation.gov.uk/ukpga/2025/31/section/24/2026-01-05) or [26](https://www.legislation.gov.uk/ukpga/2025/31/section/26/2026-01-05) includes a person of a description specified in the regulations;
- (b) that a person of a description so specified may, if necessary, use reasonable force in the exercise of any function conferred by virtue of the regulations.
- (2) The descriptions of person that may be specified in the regulations include persons designated by the Secretary of State in accordance with the regulations.
- (3) Where persons are designated by the Secretary of State as mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/31/section/28/2/enacted) the regulations must contain such safeguards relating to the designation as the Secretary of State considers appropriate.
- (3) Where persons are designated by the Secretary of State as mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/31/section/28/2/2026-01-05) the regulations must contain such safeguards relating to the designation as the Secretary of State considers appropriate.
#### Meaning of other expressions
##### 29
In sections [22](https://www.legislation.gov.uk/ukpga/2025/31/section/22/enacted) to [26](https://www.legislation.gov.uk/ukpga/2025/31/section/26/enacted) and this section—
In sections [22](https://www.legislation.gov.uk/ukpga/2025/31/section/22/2026-01-05) to [26](https://www.legislation.gov.uk/ukpga/2025/31/section/26/2026-01-05) and this section—
- “*container*” has the meaning given by section 1 of the Customs and Excise Management Act 1979;
@@ -982,7 +982,7 @@
##### 30
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/enacted) for use for the purposes of that person’s functions.
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/2026-01-05) for use for the purposes of that person’s functions.
- (2) In this section “*HMRC’s customs functions*” means HMRC’s functions in their capacity as a customs service and includes in particular their functions in that capacity relating to—
@@ -990,7 +990,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted) are—
- (3) The persons mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05) are—
- (a) a Minister of the Crown or a government department,
@@ -1014,7 +1014,7 @@
- (i) an international organisation to which this subsection applies.
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/enacted) applies to an international organisation if—
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/2026-01-05) applies to an international organisation if—
- (a) it has functions relating to the movement of goods or cash across international borders, or
@@ -1038,29 +1038,29 @@
##### 31
- (1) Subject to the following provisions of this section, a person who receives information under section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted)—
- (1) Subject to the following provisions of this section, a person who receives information under section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05)—
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted) of section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted) to a person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/a/enacted) to [(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/f/enacted) 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](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted) to another person (“*B*”) to whom this subsection applies for use for the purposes of any of B’s functions.
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/enacted) applies to—
- (2) Information supplied under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05) of section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05) to a person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/a/2026-01-05) to [(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/f/2026-01-05) 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](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05) to another person (“*B*”) to whom this subsection applies for use for the purposes of any of B’s functions.
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/2026-01-05) applies to—
- (a) the Secretary of State for the Home Department, and
- (b) a person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/b/enacted) to [(e)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/e/enacted) of section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted).
- (5) If at any time the Secretary of State by whom general customs functions are exercisable is not the Secretary of State for the Home Department, subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/4/enacted) 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](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted) or subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/enacted) of this section to a person mentioned in section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/b/enacted) to [(e)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/e/enacted) is to be treated for the purposes of subsections [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/enacted) to [(10)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/10/enacted) of this section as also having been supplied to that person under section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted) in their capacity as an official of the Secretary of State.
- (7) A person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/a/enacted) or [(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/f/enacted) of section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted) may, to the extent that this is not otherwise permitted by subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/3/enacted) of this section, supply information received under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted) of section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted) to a person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/a/enacted) to [(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/f/enacted) of that section for use for any of the following purposes—
- (a) any purpose for which the information was supplied under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted) of that section;
- (b) a person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/b/2026-01-05) to [(e)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/e/2026-01-05) of section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05).
- (5) If at any time the Secretary of State by whom general customs functions are exercisable is not the Secretary of State for the Home Department, subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/4/2026-01-05) 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](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05) or subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/2026-01-05) of this section to a person mentioned in section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/b/2026-01-05) to [(e)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/e/2026-01-05) is to be treated for the purposes of subsections [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/2026-01-05) to [(10)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/10/2026-01-05) of this section as also having been supplied to that person under section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05) in their capacity as an official of the Secretary of State.
- (7) A person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/a/2026-01-05) or [(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/f/2026-01-05) of section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05) may, to the extent that this is not otherwise permitted by subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/3/2026-01-05) of this section, supply information received under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05) of section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05) to a person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/a/2026-01-05) to [(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/3/f/2026-01-05) of that section for use for any of the following purposes—
- (a) any purpose for which the information was supplied under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05) of that section;
- (b) immigration purposes;
@@ -1080,7 +1080,7 @@
(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](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted) to any person (whether or not within the United Kingdom) for use for any of the following purposes—
- (8) The Secretary of State by whom immigration and nationality functions are exercisable may supply information received under section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05) to any person (whether or not within the United Kingdom) for use for any of the following purposes—
- (a) a purpose within section 40(1) of the UK Borders Act 2007;
@@ -1092,7 +1092,7 @@
(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](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted) to any person (whether or not within the United Kingdom) for use for purposes connected with—
- (9) The Secretary of State by whom general customs functions are exercisable may supply information received under section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05) to any person (whether or not within the United Kingdom) for use for purposes connected with—
- (a) a criminal investigation, or
@@ -1102,17 +1102,17 @@
- (10) A person who receives information under or by virtue of—
- (a) section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted),
- (b) subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/b/enacted), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/enacted), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/enacted) or [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/enacted) of this section, or
- (c) section [32](https://www.legislation.gov.uk/ukpga/2025/31/section/32/enacted)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/b/enacted),
- (a) section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05),
- (b) subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/b/2026-01-05), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/2026-01-05), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/2026-01-05) or [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/2026-01-05) of this section, or
- (c) section [32](https://www.legislation.gov.uk/ukpga/2025/31/section/32/2026-01-05)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/3/2026-01-05) or [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/b/2026-01-05),
may supply the information to any person in pursuance of an order of a court.
- (11) This section does not prevent the disclosure of information to HMRC.
- (12) This section is subject to section [32](https://www.legislation.gov.uk/ukpga/2025/31/section/32/enacted).
- (12) This section is subject to section [32](https://www.legislation.gov.uk/ukpga/2025/31/section/32/2026-01-05).
- (13) In this section—
@@ -1124,23 +1124,23 @@
##### 32
- (1) Section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/enacted)[(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/2/enacted), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/enacted), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/enacted) or [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/enacted) does not apply if the use or supply of the information would breach any restrictions imposed by HMRC, or a person acting on HMRC’s behalf, when the information was supplied under section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted).
- (2) A person who receives information under or by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/b/enacted), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/enacted), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/enacted) or [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/enacted) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/enacted) or by virtue of subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/b/enacted) of this section may use it only for the purposes for which it was supplied.
- (3) A person who receives information under or by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/b/enacted), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/enacted), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/enacted) or [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/enacted) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/enacted) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/3/enacted) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/enacted) or by virtue of this subsection may not further disclose it—
- (a) in the case only of information received under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/3/enacted) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/enacted), except as permitted by subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/3/enacted), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/enacted), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/enacted), [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/enacted) or [(10)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/10/enacted) of that section;
- (1) Section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/2026-01-05)[(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/2/2026-01-05), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/2026-01-05), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/2026-01-05) or [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/2026-01-05) does not apply if the use or supply of the information would breach any restrictions imposed by HMRC, or a person acting on HMRC’s behalf, when the information was supplied under section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05).
- (2) A person who receives information under or by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/b/2026-01-05), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/2026-01-05), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/2026-01-05) or [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/2026-01-05) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/2026-01-05) or by virtue of subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/3/2026-01-05) or [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/b/2026-01-05) of this section may use it only for the purposes for which it was supplied.
- (3) A person who receives information under or by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/b/2026-01-05), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/2026-01-05), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/2026-01-05) or [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/2026-01-05) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/2026-01-05) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/3/2026-01-05) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/2026-01-05) or by virtue of this subsection may not further disclose it—
- (a) in the case only of information received under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/3/2026-01-05) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/2026-01-05), except as permitted by subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/3/2026-01-05), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/2026-01-05), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/2026-01-05), [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/2026-01-05) or [(10)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/10/2026-01-05) of that section;
- (b) without the consent of the Commissioners for His Majesty’s Revenue and Customs (which may be general or specific).
- (5) A person who supplies information in reliance on subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/b/enacted), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/enacted), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/enacted) or [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/enacted) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/enacted) or subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/b/enacted) of this section must notify the recipient of the limitations and prohibitions that apply to the information by virtue of this section.
- (6) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/7/enacted) applies if—
- (a) a person discloses information in contravention of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/b/enacted) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/enacted) or subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/b/enacted) of this section, and
- (5) A person who supplies information in reliance on subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/b/2026-01-05), [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/7/2026-01-05), [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/8/2026-01-05) or [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/9/2026-01-05) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/2026-01-05) or subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/3/2026-01-05) or [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/b/2026-01-05) of this section must notify the recipient of the limitations and prohibitions that apply to the information by virtue of this section.
- (6) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/7/2026-01-05) applies if—
- (a) a person discloses information in contravention of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/31/1/b/2026-01-05) of section [31](https://www.legislation.gov.uk/ukpga/2025/31/section/31/2026-01-05) or subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/3/2026-01-05) or [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/32/4/b/2026-01-05) of this section, and
- (b) the information relates to a person whose identity is specified in, or can be deduced from, the disclosure.
@@ -1152,7 +1152,7 @@
##### 33
- (1) The Secretary of State for Transport may supply trailer registration information in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/3/enacted) to [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/8/enacted).
- (1) The Secretary of State for Transport may supply trailer registration information in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/3/2026-01-05) to [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/8/2026-01-05).
- (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.
@@ -1190,7 +1190,7 @@
- (b) purposes connected with the exercise of any statutory functions of the recipient relating to customs, excise, immigration or the proceeds of crime.
- (9) Information received by the Secretary of State under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/3/enacted) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/3/enacted)—
- (9) Information received by the Secretary of State under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/3/2026-01-05) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/3/2026-01-05)—
- (a) an immigration officer;
@@ -1198,19 +1198,19 @@
- (c) the Border Security Commander.
- (10) Information received by the Secretary of State under subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/4/enacted) 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—
- (10) Information received by the Secretary of State under subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/4/2026-01-05) may be supplied by the Secretary of State to either or both of the following persons for use in connection with a customs function exercisable by the person—
- (a) the Director of Border Revenue;
- (b) a designated customs official.
- (11) If at any time the Secretary of State by whom general customs functions are exercisable is not the Secretary of State for the Home Department, subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/3/enacted) is to be read at that time as if the reference to the Secretary of State for the Home Department included a reference to the Secretary of State by whom general customs functions are exercisable.
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/3/2026-01-05) is to be read at that time as if the reference to the Secretary of State for the Home Department included a reference to the Secretary of State by whom general customs functions are exercisable.
#### Onwards sharing of information shared under section 33
##### 34
- (1) A person who receives information under section [33](https://www.legislation.gov.uk/ukpga/2025/31/section/33/enacted)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/3/enacted), [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/4/enacted), [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/9/enacted) or [(10)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/10/enacted) may supply the information—
- (1) A person who receives information under section [33](https://www.legislation.gov.uk/ukpga/2025/31/section/33/2026-01-05)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/3/2026-01-05), [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/4/2026-01-05), [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/9/2026-01-05) or [(10)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/10/2026-01-05) may supply the information—
- (a) to a person exercising public functions (whether or not within the United Kingdom) for use in connection with any of the following purposes—
@@ -1236,15 +1236,15 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/31/section/33/enacted)[(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/7/enacted) may supply the information as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/34/1/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/34/1/a/enacted) or [(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/34/1/b/enacted)[(i)](https://www.legislation.gov.uk/ukpga/2025/31/section/34/1/b/i/enacted).
- (2) A UK authorised person or a UK authorising officer who receives information under section [33](https://www.legislation.gov.uk/ukpga/2025/31/section/33/2026-01-05)[(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/7/2026-01-05) may supply the information as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/34/1/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/34/1/a/2026-01-05) or [(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/34/1/b/2026-01-05)[(i)](https://www.legislation.gov.uk/ukpga/2025/31/section/34/1/b/i/2026-01-05).
#### Sections 30 to 34: general provision about disclosure
##### 35
- (1) Nothing in sections [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted) to [34](https://www.legislation.gov.uk/ukpga/2025/31/section/34/enacted) limits the circumstances in which information may be supplied apart from those sections.
- (2) Sections [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted) to [34](https://www.legislation.gov.uk/ukpga/2025/31/section/34/enacted) do not authorise a disclosure of information if the disclosure would contravene the investigatory powers legislation.
- (1) Nothing in sections [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05) to [34](https://www.legislation.gov.uk/ukpga/2025/31/section/34/2026-01-05) limits the circumstances in which information may be supplied apart from those sections.
- (2) Sections [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05) to [34](https://www.legislation.gov.uk/ukpga/2025/31/section/34/2026-01-05) do not authorise a disclosure of information if the disclosure would contravene the investigatory powers legislation.
- (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.
@@ -1252,7 +1252,7 @@
##### 36
- (1) This section applies for the purposes of sections [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted) to [34](https://www.legislation.gov.uk/ukpga/2025/31/section/34/enacted).
- (1) This section applies for the purposes of sections [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05) to [34](https://www.legislation.gov.uk/ukpga/2025/31/section/34/2026-01-05).
- (2) References to the following persons have the following meanings—
@@ -1268,16 +1268,16 @@
- (3) A “*UK authorised person*” means—
- (a) for the purposes of section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted), a person in the first column of the following table who is authorised to receive information under section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/enacted) by the person specified in the corresponding entry in the second column of the table;
- (b) for the purposes of sections [33](https://www.legislation.gov.uk/ukpga/2025/31/section/33/enacted) and [34](https://www.legislation.gov.uk/ukpga/2025/31/section/34/enacted), a person in the first column of the following table who is authorised to receive information under section [33](https://www.legislation.gov.uk/ukpga/2025/31/section/33/enacted)[(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/7/enacted) by the person specified in the corresponding entry in the second column of the table.
- (a) for the purposes of section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05), a person in the first column of the following table who is authorised to receive information under section [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/30/1/2026-01-05) by the person specified in the corresponding entry in the second column of the table;
- (b) for the purposes of sections [33](https://www.legislation.gov.uk/ukpga/2025/31/section/33/2026-01-05) and [34](https://www.legislation.gov.uk/ukpga/2025/31/section/34/2026-01-05), a person in the first column of the following table who is authorised to receive information under section [33](https://www.legislation.gov.uk/ukpga/2025/31/section/33/2026-01-05)[(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/7/2026-01-05) 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 direction and control of a person who has the direction and control of a body of constables | the person under whose direction and control the constable or other person is |
| a member of a service police force or other person who is under the direction and control of a Provost Marshal | the relevant Provost Marshal |
- (4) In the table in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/36/3/enacted)—
- (4) In the table in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/36/3/2026-01-05)—
- “*constable*” includes special constable;
@@ -1291,7 +1291,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/31/section/33/enacted)[(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/8/enacted) by the person specified in the corresponding entry in the second column of the table.
- (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](https://www.legislation.gov.uk/ukpga/2025/31/section/33/2026-01-05)[(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/33/8/2026-01-05) by the person specified in the corresponding entry in the second column of the table.
| Person | Authorising officer |
| --- | --- |
@@ -1313,7 +1313,7 @@
| A member of the Gibraltar Defence Police | The Chief Officer of the Gibraltar Defence Police |
| An officer of His Majesty’s Customs Gibraltar | The Collector of Customs of His Majesty’s Government of Gibraltar |
- (7) A “*non-UK authorising officer*” means a person specified in the second column of the table in subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/36/6/enacted).
- (7) A “*non-UK authorising officer*” means a person specified in the second column of the table in subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/36/6/2026-01-05).
- (8) References to the following purposes or functions have the following meanings—
@@ -1333,7 +1333,7 @@
- “*specified purposes related to policing*” means purposes related to policing that are specified in regulations made under this subsection by the Secretary of State.
- (9) Before making regulations under subsection [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/36/8/enacted), the Secretary of State must consult—
- (9) Before making regulations under subsection [(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/36/8/2026-01-05), the Secretary of State must consult—
- (a) the Scottish Ministers,
@@ -1361,21 +1361,21 @@
- (b) a person who for the time being takes responsibility for the child.
- (4) The person mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/37/3/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/37/3/b/enacted) may not be—
- (4) The person mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/37/3/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/37/3/b/2026-01-05) may not be—
- (a) an authorised person, or
- (b) an officer of the Secretary of State who is not an authorised person.
- (5) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/37/3/enacted) 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](https://www.legislation.gov.uk/ukpga/2025/31/section/38/enacted)—
- (5) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/37/3/2026-01-05) 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](https://www.legislation.gov.uk/ukpga/2025/31/section/38/2026-01-05)—
- “*authorised person*” means a person authorised by the Secretary of State for the purposes of this section;
- “*biometric information*” has the meaning given by section 15(1A) of the UK Borders Act 2007.
- (7) References in this section and section [38](https://www.legislation.gov.uk/ukpga/2025/31/section/38/enacted) to the taking of biometric information from a person include the recording of biometric information about the person.
- (7) References in this section and section [38](https://www.legislation.gov.uk/ukpga/2025/31/section/38/2026-01-05) to the taking of biometric information from a person include the recording of biometric information about the person.
- (8) Biometric information may be taken under this section outside the United Kingdom.
@@ -1383,29 +1383,29 @@
##### 38
- (1) An authorised person who takes biometric information under section [37](https://www.legislation.gov.uk/ukpga/2025/31/section/37/enacted) must supply that information to the Secretary of State as soon as reasonably practicable.
- (2) Biometric information taken under section [37](https://www.legislation.gov.uk/ukpga/2025/31/section/37/enacted) may be used by the Secretary of State in connection with—
- (1) An authorised person who takes biometric information under section [37](https://www.legislation.gov.uk/ukpga/2025/31/section/37/2026-01-05) must supply that information to the Secretary of State as soon as reasonably practicable.
- (2) Biometric information taken under section [37](https://www.legislation.gov.uk/ukpga/2025/31/section/37/2026-01-05) may be used by the Secretary of State in connection with—
- (a) the exercise of a function relating to immigration or nationality, or
- (b) the exercise of a function relating to law enforcement or the protection of national security.
- (3) The Secretary of State may retain biometric information taken under section [37](https://www.legislation.gov.uk/ukpga/2025/31/section/37/enacted) only if the Secretary of State considers that it is necessary to retain the information for any use mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/2/enacted).
- (3) The Secretary of State may retain biometric information taken under section [37](https://www.legislation.gov.uk/ukpga/2025/31/section/37/2026-01-05) only if the Secretary of State considers that it is necessary to retain the information for any use mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/2/2026-01-05).
- (4) The Secretary of State must take all reasonable steps to ensure that the information is destroyed on or before the earliest of the following to occur—
- (a) the Secretary of State no longer considering that it is necessary to retain the information for any use mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/2/enacted), and
- (a) the Secretary of State no longer considering that it is necessary to retain the information for any use mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/2/2026-01-05), and
- (b) the end of the period of 5 years beginning with the day on which the information was taken.
- (5) But the requirement to destroy biometric information does not apply if and in so far as the information is retained under a power apart from subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/3/enacted).
- (6) Biometric information retained by the Secretary of State by virtue of subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/3/enacted) may also be used by the Secretary of State for the purpose of identifying a person whose departure His Majesty’s Government is considering whether to facilitate, or is facilitating or has facilitated, as mentioned in section [37](https://www.legislation.gov.uk/ukpga/2025/31/section/37/enacted)[(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/37/2/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/37/2/b/enacted).
- (7) Where the Secretary of State’s use of biometric information under subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/6/enacted) involves transferring that information to a third country or to an international organisation, the transfer is to be taken as being necessary for important reasons of public interest for the purposes of Article 49(1)(d) of the UK GDPR.
- (8) In subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/7/enacted)—
- (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)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/3/2026-01-05).
- (6) Biometric information retained by the Secretary of State by virtue of subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/3/2026-01-05) may also be used by the Secretary of State for the purpose of identifying a person whose departure His Majesty’s Government is considering whether to facilitate, or is facilitating or has facilitated, as mentioned in section [37](https://www.legislation.gov.uk/ukpga/2025/31/section/37/2026-01-05)[(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/37/2/2026-01-05)[(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/37/2/b/2026-01-05).
- (7) Where the Secretary of State’s use of biometric information under subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/6/2026-01-05) involves transferring that information to a third country or to an international organisation, the transfer is to be taken as being necessary for important reasons of public interest for the purposes of Article 49(1)(d) of the UK GDPR.
- (8) In subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/38/7/2026-01-05)—
- “*international organisation*” and “third country” have the same meaning as in the UK GDPR (see Article 4 of the Regulation);
@@ -1521,7 +1521,7 @@
##### 43
Schedule [1](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/enacted) 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.
Schedule [1](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/2026-01-05) 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
@@ -1529,7 +1529,7 @@
##### 44
- (1) Paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/2/enacted) to [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/5/enacted).
- (1) Paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/2/2026-01-05) to [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/5/2026-01-05).
- (2) For sub-paragraph (2) substitute—
@@ -1546,7 +1546,7 @@
- (5) In sub-paragraph (3D), after “considers that” insert “the decision or”.
- (6) Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is amended in accordance with subsections [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/7/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/9/enacted).
- (6) Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is amended in accordance with subsections [(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/7/2026-01-05) to [(9)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/9/2026-01-05).
- (7) In subsection (7)—
@@ -1580,7 +1580,7 @@
- (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](https://www.legislation.gov.uk/uksi/2021/772)) (photographs) is amended in accordance with subsections [(11)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/11/enacted) to [(13)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/13/enacted).
- (10) Regulation 2 of the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 ([S.I. 2021/772](https://www.legislation.gov.uk/uksi/2021/772)) (photographs) is amended in accordance with subsections [(11)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/11/2026-01-05) to [(13)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/13/2026-01-05).
- (11) In paragraph (7)—
@@ -1614,7 +1614,7 @@
- (b) in sub-paragraph (aa), for “(7)(c)(i)” substitute “(7)(c)(iii) or (iv)”.
- (14) Section 51 of the Immigration Act 2016 (search for nationality documents by detainee custody officers etc) is amended in accordance with subsections [(15)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/15/enacted) and [(16)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/16/enacted).
- (14) Section 51 of the Immigration Act 2016 (search for nationality documents by detainee custody officers etc) is amended in accordance with subsections [(15)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/15/2026-01-05) and [(16)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/16/2026-01-05).
- (15) In subsection (2)—
@@ -1645,7 +1645,7 @@
> (a) the Secretary of State has notified the person in writing that the Secretary of State is considering whether section 32(5) of the UK Borders Act 2007 applies in respect of the person, or
> (b) where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided that section 32(5) of that Act applies in respect of the person.
- (17) The amendments made by subsections [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/1/enacted) to [(13)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/13/enacted) are to be treated as always having had effect.
- (17) The amendments made by subsections [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/1/2026-01-05) to [(13)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/13/2026-01-05) are to be treated as always having had effect.
### EU Settlement Scheme
@@ -1653,7 +1653,7 @@
##### 45
- (1) For the purposes of [this section](https://www.legislation.gov.uk/ukpga/2025/31/section/45/enacted) “*relevant citizens’ rights*” means the rights, powers, liabilities, obligations, restrictions, remedies and procedures which—
- (1) For the purposes of [this section](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2026-01-05) “*relevant citizens’ rights*” means the rights, powers, liabilities, obligations, restrictions, remedies and procedures which—
- (a) are recognised and available in domestic law by virtue of section 7A or 7B of the [European Union (Withdrawal) Act 2018](https://www.legislation.gov.uk/ukpga/2018/16), and
@@ -1665,7 +1665,7 @@
- (iii) Article 4(2), 7 or 8 or Chapter 1 of Title 2 of Part 2 of the Swiss citizens’ rights agreement or Title 1 of Part 2 of that agreement so far as relating to Chapter 1 of Title 2 of that Part.
- (2) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/5/enacted) applies to a person (“*P*”) where—
- (2) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/5/2026-01-05) 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,
@@ -1679,9 +1679,9 @@
- (ii) in a case where P’s leave was granted on the basis that P is (or was) a joining family member of a relevant sponsor, the relevant sponsor was resident in the United Kingdom or the Islands immediately before the end of the implementation period, and
- (e) the residency mentioned in [paragraph (d)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2/d/enacted) was not relevant residency.
- (3) For the purposes of [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2/enacted)—
- (e) the residency mentioned in [paragraph (d)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2/d/2026-01-05) was not relevant residency.
- (3) For the purposes of [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2/2026-01-05)—
- (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;
@@ -1691,7 +1691,7 @@
- (d) “*relevant national*” means a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland.
- (4) In [this section](https://www.legislation.gov.uk/ukpga/2025/31/section/45/enacted) “*relevant residency*” means—
- (4) In [this section](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2026-01-05) “*relevant residency*” means—
- (a) residency in accordance with Union law (within the meaning of the withdrawal agreement),
@@ -1701,13 +1701,13 @@
- (5) Relevant citizens' rights—
- (a) are capable of accruing and applying to a person to whom [this subsection](https://www.legislation.gov.uk/ukpga/2025/31/section/45/5/enacted) applies notwithstanding that the residency mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2/enacted)[(d)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2/d/enacted) was not relevant residency, and
- (a) are capable of accruing and applying to a person to whom [this subsection](https://www.legislation.gov.uk/ukpga/2025/31/section/45/5/2026-01-05) applies notwithstanding that the residency mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2/2026-01-05)[(d)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2/d/2026-01-05) was not relevant residency, and
- (b) are to be enforced, allowed and followed accordingly.
- (6) Every enactment (including an enactment contained in this Act) is to be read and has effect subject to [subsection (5)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/5/enacted).
- (7) In [this section](https://www.legislation.gov.uk/ukpga/2025/31/section/45/enacted)—
- (6) Every enactment (including an enactment contained in this Act) is to be read and has effect subject to [subsection (5)](https://www.legislation.gov.uk/ukpga/2025/31/section/45/5/2026-01-05).
- (7) In [this section](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2026-01-05)—
- “*EEA EFTA separation agreement*” has the same meaning as in the [European Union (Withdrawal Agreement) Act 2020](https://www.legislation.gov.uk/ukpga/2020/1) (see section 39(1) of that Act);
@@ -1729,7 +1729,7 @@
##### 46
- (1) The Immigration Act 1971 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/46/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/46/3/enacted).
- (1) The Immigration Act 1971 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/46/2/2026-01-05) and [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/46/3/2026-01-05).
- (2) In section 3 (general provisions for regulation and control)—
@@ -1794,7 +1794,7 @@
##### 47
- (1) Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/47/2/enacted) to [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/47/5/enacted).
- (1) Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/47/2/2026-01-05) to [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/47/5/2026-01-05).
- (2) In subsection (5)—
@@ -1903,7 +1903,7 @@
##### 50
- (1) After section 86A of the Nationality, Immigration and Asylum Act 2002 (as inserted by section [49](https://www.legislation.gov.uk/ukpga/2025/31/section/49/enacted)) insert—
- (1) After section 86A of the Nationality, Immigration and Asylum Act 2002 (as inserted by section [49](https://www.legislation.gov.uk/ukpga/2025/31/section/49/2026-01-05)) insert—
> (86B)
> (1) This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection [(2)](#p04860).
@@ -1986,11 +1986,11 @@
the court may assume that the accused possessed the relevant article, unless the accused shows that they did not know of its presence on the premises or that they had no control over it.
- (5) Subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/52/6/enacted) applies where—
- (a) in accordance with subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/52/3/enacted), it is a defence for a person charged with an offence to show a particular matter, or
- (b) in accordance with subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/52/4/enacted), a court may make an assumption in relation to a person charged with an offence unless the person shows a particular matter.
- (5) Subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/52/6/2026-01-05) applies where—
- (a) in accordance with subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/52/3/2026-01-05), it is a defence for a person charged with an offence to show a particular matter, or
- (b) in accordance with subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/52/4/2026-01-05), 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—
@@ -2000,7 +2000,7 @@
- (7) In this section—
- “*relevant article*” has the meaning given by [section 53](https://www.legislation.gov.uk/ukpga/2025/31/section/53/enacted);
- “*relevant article*” has the meaning given by [section 53](https://www.legislation.gov.uk/ukpga/2025/31/section/53/2026-01-05);
- “*serious offence*” means— in England and Wales, an offence specified or described in Part 1 of Schedule 1 to the Serious Crime Act 2007; in Scotland, an offence specified or described in Part 1A of that Schedule; in Northern Ireland, an offence specified or described in Part 2 of that Schedule.
@@ -2018,7 +2018,7 @@
##### 53
- (1) In [section 52](https://www.legislation.gov.uk/ukpga/2025/31/section/52/enacted) “*relevant article*” means any of the following—
- (1) In [section 52](https://www.legislation.gov.uk/ukpga/2025/31/section/52/2026-01-05) “*relevant article*” means any of the following—
- (a) a 3D printer firearms template;
@@ -2042,13 +2042,13 @@
- “*vehicle concealment*” means a compartment that— forms or is intended to form part of a vehicle or is attached or intended to be attached to a vehicle, and conceals, or facilitates the concealment of, things or people or is intended to conceal or facilitate the concealment of things or people.
- (3) The Secretary of State may by regulations amend this section (other than this subsection or subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/4/enacted) or [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/5/enacted)).
- (4) But regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/3/enacted) that add an article to subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/1/enacted) may be made only if the Secretary of State considers that there is a significant risk of such an article being used in connection with any serious offence.
“*Serious offence*” has the same meaning as in section [52](https://www.legislation.gov.uk/ukpga/2025/31/section/52/enacted).
- (5) Before making regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/3/enacted), the Secretary of State must consult—
- (3) The Secretary of State may by regulations amend this section (other than this subsection or subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/4/2026-01-05) or [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/5/2026-01-05)).
- (4) But regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/3/2026-01-05) that add an article to subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/1/2026-01-05) may be made only if the Secretary of State considers that there is a significant risk of such an article being used in connection with any serious offence.
“*Serious offence*” has the same meaning as in section [52](https://www.legislation.gov.uk/ukpga/2025/31/section/52/2026-01-05).
- (5) Before making regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/3/2026-01-05), the Secretary of State must consult—
- (a) the Scottish Ministers, and
@@ -2068,15 +2068,15 @@
- (b) after paragraph 9A insert—
> (9B) An offence under section [52](https://www.legislation.gov.uk/ukpga/2025/31/section/52/enacted) of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).
> (9B) An offence under section [52](https://www.legislation.gov.uk/ukpga/2025/31/section/52/2026-01-05) of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).
- (3) In Schedule 4 (criminal lifestyle offences in Scotland), after paragraph 9F insert—
> (9G) An offence under section [52](https://www.legislation.gov.uk/ukpga/2025/31/section/52/enacted) of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).
> (9G) An offence under section [52](https://www.legislation.gov.uk/ukpga/2025/31/section/52/2026-01-05) of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).
- (4) In Schedule 5 (criminal lifestyle offences in Northern Ireland), after paragraph 9A insert—
> (9B) An offence under section [52](https://www.legislation.gov.uk/ukpga/2025/31/section/52/enacted) of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).
> (9B) An offence under section [52](https://www.legislation.gov.uk/ukpga/2025/31/section/52/2026-01-05) of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).
### Serious crime prevention orders
@@ -2139,7 +2139,7 @@
- (1) The [Serious Crime Act 2007](https://www.legislation.gov.uk/ukpga/2007/27) is amended as follows.
- (2) After section 5D (inserted by section [55](https://www.legislation.gov.uk/ukpga/2025/31/section/55/enacted)) insert—
- (2) After section 5D (inserted by section [55](https://www.legislation.gov.uk/ukpga/2025/31/section/55/2026-01-05)) insert—
> (5E)
> (1) This section applies where—
@@ -2150,7 +2150,7 @@
> (a) in England and Wales, in the case of an order made by the High Court in England and Wales;
> (b) in Scotland, in the case of an order made by the appropriate court in Scotland;
> (c) in Northern Ireland, in the case of an order made by the High Court in Northern Ireland.
> (4) [Sections 5](https://www.legislation.gov.uk/ukpga/2025/31/section/5/enacted) to [5D](#p05419) apply in relation to an interim serious crime prevention order as they apply in relation to a serious crime prevention order.
> (4) [Sections 5](https://www.legislation.gov.uk/ukpga/2025/31/section/5/2026-01-05) to [5D](#p05419) apply in relation to an interim serious crime prevention order as they apply in relation to a serious crime prevention order.
> (5) An interim serious crime prevention order in relation to a person may be made only where the application for the order is made at the same time as, or after, the main application is made.
> (6) In this Part—
> - “*interim serious crime prevention order*” means an order under this section;
@@ -2189,7 +2189,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/31/schedule/2/enacted) contains related amendments to the [Serious Crime Act 2007](https://www.legislation.gov.uk/ukpga/2007/27).
- (7) [Schedule 2](https://www.legislation.gov.uk/ukpga/2025/31/schedule/2/2026-01-05) contains related amendments to the [Serious Crime Act 2007](https://www.legislation.gov.uk/ukpga/2007/27).
#### Applicants for making of orders and interim orders
@@ -2413,7 +2413,7 @@
> (a) such prohibitions, restrictions or requirements, and
> (b) such other terms,
> 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](https://www.legislation.gov.uk/ukpga/2025/31/section/6/enacted) to [15](https://www.legislation.gov.uk/ukpga/2025/31/section/15/enacted) (safeguards).
> (4) The powers of the court in respect of an order under this section are subject to [sections 6](https://www.legislation.gov.uk/ukpga/2025/31/section/6/2026-01-05) to [15](https://www.legislation.gov.uk/ukpga/2025/31/section/15/2026-01-05) (safeguards).
> (5) An order under this section is also called a serious crime prevention order.
- (3) In section 1(5), in the definition of “serious crime prevention order”—
@@ -2466,7 +2466,7 @@
- (ii) the provision of information or advice about such qualifications or the systems for awarding them, or
- (b) any associated services provided by a person providing services mentioned in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/60/4/a/enacted).
- (b) any associated services provided by a person providing services mentioned in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/60/4/a/2026-01-05).
- (5) This section applies to—
@@ -2502,9 +2502,9 @@
- (1) The Secretary of State may by regulations make provision that is consequential on this Act.
- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/62/1/enacted) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/62/2/enacted) “*enactment*” includes—
- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/62/1/2026-01-05) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/62/2/2026-01-05) “*enactment*” includes—
- (a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
@@ -2516,7 +2516,7 @@
- (4) In section 61(2) of the UK Borders Act 2007 (meaning of “*the Immigration Acts*”), after the “and” at the end of paragraph (n) insert—
> (p) the Border Security, Asylum and Immigration Act 2025, other than sections [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted) to [36](https://www.legislation.gov.uk/ukpga/2025/31/section/36/enacted), Part 3 and section [60](https://www.legislation.gov.uk/ukpga/2025/31/section/60/enacted).
> (p) the Border Security, Asylum and Immigration Act 2025, other than sections [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05) to [36](https://www.legislation.gov.uk/ukpga/2025/31/section/36/2026-01-05), Part 3 and section [60](https://www.legislation.gov.uk/ukpga/2025/31/section/60/2026-01-05).
#### Regulations
@@ -2532,17 +2532,17 @@
- (3) A statutory instrument containing any of the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—
- (a) regulations under section [15](https://www.legislation.gov.uk/ukpga/2025/31/section/15/enacted)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/3/enacted);
- (b) regulations under section [36](https://www.legislation.gov.uk/ukpga/2025/31/section/36/enacted)[(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/36/8/enacted);
- (c) regulations under section [53](https://www.legislation.gov.uk/ukpga/2025/31/section/53/enacted)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/3/enacted);
- (d) regulations under section [62](https://www.legislation.gov.uk/ukpga/2025/31/section/62/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/62/1/enacted) which amend, repeal or revoke primary legislation.
- (a) regulations under section [15](https://www.legislation.gov.uk/ukpga/2025/31/section/15/2026-01-05)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/15/3/2026-01-05);
- (b) regulations under section [36](https://www.legislation.gov.uk/ukpga/2025/31/section/36/2026-01-05)[(8)](https://www.legislation.gov.uk/ukpga/2025/31/section/36/8/2026-01-05);
- (c) regulations under section [53](https://www.legislation.gov.uk/ukpga/2025/31/section/53/2026-01-05)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/53/3/2026-01-05);
- (d) regulations under section [62](https://www.legislation.gov.uk/ukpga/2025/31/section/62/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/62/1/2026-01-05) which amend, repeal or revoke primary legislation.
- (4) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
- (5) This section does not apply to regulations under section [65](https://www.legislation.gov.uk/ukpga/2025/31/section/65/enacted).
- (5) This section does not apply to regulations under section [65](https://www.legislation.gov.uk/ukpga/2025/31/section/65/2026-01-05).
- (6) In this section “*primary legislation*” means—
@@ -2558,21 +2558,21 @@
##### 64
- (1) This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/64/2/enacted).
- (1) This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/64/2/2026-01-05).
- (2) An amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.
- (3) The following provisions also extend to the Channel Islands and the Isle of Man and the British overseas territories—
- (a) section [41](https://www.legislation.gov.uk/ukpga/2025/31/section/41/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/41/1/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/41/1/a/enacted) 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](https://www.legislation.gov.uk/ukpga/2025/31/section/41/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/41/1/enacted)[(e)](https://www.legislation.gov.uk/ukpga/2025/31/section/41/1/e/enacted) so far as it repeals sections 31 to 37 of that Act;
- (c) section [42](https://www.legislation.gov.uk/ukpga/2025/31/section/42/enacted)[(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/42/2/enacted).
- (4) His Majesty may by Order in Council provide for any of the provisions of this Act other than sections [1](https://www.legislation.gov.uk/ukpga/2025/31/section/1/enacted) to [12](https://www.legislation.gov.uk/ukpga/2025/31/section/12/enacted), [27](https://www.legislation.gov.uk/ukpga/2025/31/section/27/enacted), [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/enacted) to [36](https://www.legislation.gov.uk/ukpga/2025/31/section/36/enacted), [39](https://www.legislation.gov.uk/ukpga/2025/31/section/39/enacted) to [42](https://www.legislation.gov.uk/ukpga/2025/31/section/42/enacted) and [45](https://www.legislation.gov.uk/ukpga/2025/31/section/45/enacted) and Part [3](https://www.legislation.gov.uk/ukpga/2025/31/part/3/enacted) to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.
- (5) A power under any provision listed in subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/64/6/enacted) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/64/6/enacted) relates.
- (a) section [41](https://www.legislation.gov.uk/ukpga/2025/31/section/41/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/41/1/2026-01-05)[(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/41/1/a/2026-01-05) 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](https://www.legislation.gov.uk/ukpga/2025/31/section/41/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/41/1/2026-01-05)[(e)](https://www.legislation.gov.uk/ukpga/2025/31/section/41/1/e/2026-01-05) so far as it repeals sections 31 to 37 of that Act;
- (c) section [42](https://www.legislation.gov.uk/ukpga/2025/31/section/42/2026-01-05)[(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/42/2/2026-01-05).
- (4) His Majesty may by Order in Council provide for any of the provisions of this Act other than sections [1](https://www.legislation.gov.uk/ukpga/2025/31/section/1/2026-01-05) to [12](https://www.legislation.gov.uk/ukpga/2025/31/section/12/2026-01-05), [27](https://www.legislation.gov.uk/ukpga/2025/31/section/27/2026-01-05), [30](https://www.legislation.gov.uk/ukpga/2025/31/section/30/2026-01-05) to [36](https://www.legislation.gov.uk/ukpga/2025/31/section/36/2026-01-05), [39](https://www.legislation.gov.uk/ukpga/2025/31/section/39/2026-01-05) to [42](https://www.legislation.gov.uk/ukpga/2025/31/section/42/2026-01-05) and [45](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2026-01-05) and Part [3](https://www.legislation.gov.uk/ukpga/2025/31/part/3/2026-01-05) to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.
- (5) A power under any provision listed in subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/31/section/64/6/2026-01-05) 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)](https://www.legislation.gov.uk/ukpga/2025/31/section/64/6/2026-01-05) relates.
- (6) Those provisions are—
@@ -2592,29 +2592,29 @@
##### 65
- (1) Subject to subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/4/enacted), this Act comes into force on such day as the Secretary of State may by regulations appoint.
- (1) Subject to subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/2026-01-05) and [(4)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/4/2026-01-05), this Act comes into force on such day as the Secretary of State may by regulations appoint.
- (2) Different days may be appointed for different purposes or areas.
- (3) The following provisions come into force on the day on which this Act is passed—
- (a) sections [40](https://www.legislation.gov.uk/ukpga/2025/31/section/40/enacted) to [42](https://www.legislation.gov.uk/ukpga/2025/31/section/42/enacted);
- (b) section [44](https://www.legislation.gov.uk/ukpga/2025/31/section/44/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/1/enacted) to [(13)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/13/enacted) and [(17)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/17/enacted);
- (c) section [45](https://www.legislation.gov.uk/ukpga/2025/31/section/45/enacted);
- (a) sections [40](https://www.legislation.gov.uk/ukpga/2025/31/section/40/2026-01-05) to [42](https://www.legislation.gov.uk/ukpga/2025/31/section/42/2026-01-05);
- (b) section [44](https://www.legislation.gov.uk/ukpga/2025/31/section/44/2026-01-05)[(1)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/1/2026-01-05) to [(13)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/13/2026-01-05) and [(17)](https://www.legislation.gov.uk/ukpga/2025/31/section/44/17/2026-01-05);
- (c) section [45](https://www.legislation.gov.uk/ukpga/2025/31/section/45/2026-01-05);
- (d) this Part;
- (e) paragraphs [16](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/16/enacted) to [18](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/18/enacted) of Schedule [1](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/enacted) (and section [43](https://www.legislation.gov.uk/ukpga/2025/31/section/43/enacted) and paragraph [1](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/1/enacted) of that Schedule so far as relating to those paragraphs);
- (e) paragraphs [16](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/16/2026-01-05) to [18](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/18/2026-01-05) of Schedule [1](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/2026-01-05) (and section [43](https://www.legislation.gov.uk/ukpga/2025/31/section/43/2026-01-05) and paragraph [1](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/1/2026-01-05) of that Schedule so far as relating to those paragraphs);
- (f) any other provision of this Act (including provision modifying other 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](https://www.legislation.gov.uk/ukpga/2025/31/section/37/enacted), [38](https://www.legislation.gov.uk/ukpga/2025/31/section/38/enacted) and [47](https://www.legislation.gov.uk/ukpga/2025/31/section/47/enacted) (except as brought into force by subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/enacted)[(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/f/enacted)) come into force at the end of the period of two months beginning with the day on which this Act is passed.
- (4) Sections [37](https://www.legislation.gov.uk/ukpga/2025/31/section/37/2026-01-05), [38](https://www.legislation.gov.uk/ukpga/2025/31/section/38/2026-01-05) and [47](https://www.legislation.gov.uk/ukpga/2025/31/section/47/2026-01-05) (except as brought into force by subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/2026-01-05)[(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/f/2026-01-05)) come into force at the end of the period of two months beginning with the day on which this Act is passed.
- (5) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
- (6) The power to make regulations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/5/enacted) includes power to make different provision for different purposes or areas.
- (6) The power to make regulations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/5/2026-01-05) includes power to make different provision for different purposes or areas.
- (7) Regulations under this section are to be made by statutory instrument.
@@ -2645,17 +2645,17 @@
- (1) In section 166(5) (regulations subject to the affirmative procedure), after paragraph (c) insert—
> (cza) section 82[(4)](#p07002),
> (cza) section 82(4),
.
- (2) If sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/3/1/enacted) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/3/1/enacted) has effect as if after “procedure),” there were inserted “omit the “or” at the end of paragraph (c) and”.
- (2) If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, sub-paragraph (1) has effect as if after “procedure),” there were inserted “omit the “or” at the end of paragraph (c) and”.
#### Suspension etc of registration
##### 4
In section 84(3)(b) (effect of suspension of registration on person’s registration), for “4B(5)” substitute “[4C](#p07260)[(1)](#p07261)”.
In section 84(3)(b) (effect of suspension of registration on person’s registration), for “4B(5)” substitute “4C(1)”.
##### 5
@@ -2675,9 +2675,9 @@
- (3) After subsection (3C) insert—
> (3D) Tribunal Procedure Rules may not permit a direction of the kind mentioned in subsection (3B) in relation to a decision to cancel a person’s registration under paragraph 4A(e) of Schedule 6 where the person meets condition B in subsection [(3AC)](#p07075).
- (4) In subsection (4), for the words from “paragraph 4B” to the end of the subsection substitute “paragraphs [4AA](#p07136) and 4B of Schedule 6 (appeals against suspension by the Commissioner).”
> (3D) Tribunal Procedure Rules may not permit a direction of the kind mentioned in subsection (3B) in relation to a decision to cancel a person’s registration under paragraph 4A(e) of Schedule 6 where the person meets condition B in subsection (3AC).
- (4) In subsection (4), for the words from “paragraph 4B” to the end of the subsection substitute “paragraphs 4AA and 4B of Schedule 6 (appeals against suspension by the Commissioner).”
- (5) After subsection (4) insert—
@@ -2698,12 +2698,12 @@
> (ii) creates a risk of serious harm to the system of immigration control in the United Kingdom, and
> (b) accordingly, the Commissioner considers it is necessary to suspend the person’s registration.
> (2) The Commissioner—
> (a) may, by notice in writing to a person whose registration has been suspended under sub-paragraph [(1)](#p07137), cancel the suspension of the person’s registration, and
> (b) must do so if the Commissioner is no longer satisfied that paragraph [(a)](#p07140) or [(b)](#p07152) of that sub-paragraph applies in relation to that person.
> (3) If a person’s registration has been suspended under sub-paragraph [(1)](#p07137), the Commissioner must consider whether the suspension should be cancelled—
> (a) may, by notice in writing to a person whose registration has been suspended under sub-paragraph (1), cancel the suspension of the person’s registration, and
> (b) must do so if the Commissioner is no longer satisfied that paragraph (a) or (b) of that sub-paragraph applies in relation to that person.
> (3) If a person’s registration has been suspended under sub-paragraph (1), the Commissioner must consider whether the suspension should be cancelled—
> (a) before the end of the period of 7 working days beginning with the working day after the day on which the Commissioner issued the notice of the suspension, and
> (b) before the end of each subsequent period of 7 working days.
> (4) A person whose registration is suspended under sub-paragraph [(1)](#p07137) may appeal to the First-tier Tribunal against the suspension.
> (4) A person whose registration is suspended under sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension.
> (5) For the purposes of this paragraph, conduct creates a risk of serious harm to the system of immigration control in the United Kingdom if, in particular, it involves—
> (a) abuse of a procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure), or
> (b) advice to any person to do something which would amount to such an abuse.
@@ -2717,12 +2717,12 @@
> (a) an offence involving dishonesty or deception,
> (b) an indictable offence, or
> (c) an offence under section 25 or 26(1)(d) or (g) of the 1971 Act.
> (1A) The Commissioner may, by notice in writing to a person whose registration has been suspended under sub-paragraph [(1)](#p07217), cancel the suspension of the person’s registration.
> (1B) A person whose registration is suspended under sub-paragraph [(1)](#p07217) may appeal to the First-tier Tribunal against the suspension.
> (1A) The Commissioner may, by notice in writing to a person whose registration has been suspended under sub-paragraph (1), cancel the suspension of the person’s registration.
> (1B) A person whose registration is suspended under sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension.
,
- (b) in sub-paragraph (2), in the opening words, for “The suspension” substitute “Otherwise, the suspension under sub-paragraph [(1)](#p07217)”, and
- (b) in sub-paragraph (2), in the opening words, for “The suspension” substitute “Otherwise, the suspension under sub-paragraph (1)”, and
- (c) omit sub-paragraphs (5) to (7).
@@ -2753,19 +2753,19 @@
> (2) A person (“*P*”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) during the relevant period if—
> (a) P’s registration has been cancelled under paragraph 4A(e) of Schedule 6 (cancellation for lack of competence etc), and
> (b) the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition A in subsection (3AB) of that section (risk of serious harm) was met in relation to P.
> (3) In subsection [(2)](#p07313) “*the relevant period*” means the period of 12 months beginning with the time specified in the notice under section 87(3AB) as the time at which the decision to cancel P’s registration had effect.
> (4) Subsection [(2)](#p07313) does not apply if—
> (3) In subsection (2) “*the relevant period*” means the period of 12 months beginning with the time specified in the notice under section 87(3AB) as the time at which the decision to cancel P’s registration had effect.
> (4) Subsection (2) does not apply if—
> (a) the Commissioner decides to register P or to continue P’s registration, or
> (b) the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).
> (5) A person (“*P*”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—
> (a) P’s registration has been cancelled under paragraph 4A(e) of Schedule 6, and
> (b) the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition B in subsection (3AC) of that section (conviction of particular offences) was met in relation to P.
> (6) Subsection [(5)](#p07343) does not apply if—
> (6) Subsection (5) does not apply if—
> (a) P’s conviction of the offence mentioned in section 87(3AC) is quashed or set aside,
> (b) the Commissioner decides to register P or to continue P’s registration, or
> (c) the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).
> (7) A person (“*P*”) other than a person to whom subsection [(1)](#p07297), [(2)](#p07313) or [(5)](#p07343) applies is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—
> (a) subsection [(8)](#p07388) applied to P when P entered into the arrangement for supervision, and
> (7) A person (“*P*”) other than a person to whom subsection (1), (2) or (5) applies is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—
> (a) subsection (8) applied to P when P entered into the arrangement for supervision, and
> (b) P did not inform the person by whom P was to be supervised of that fact before entering into that arrangement.
> (8) This subsection applies to P if—
> (a) P is or has previously been subject to a direction by the First-tier Tribunal under section 89(2A)(a) (directions in connection with registration),
@@ -2779,7 +2779,7 @@
> (i) P’s registration has at any time been cancelled under paragraph 4A(d) or (e) of Schedule 6 (cancellation following direction by First-tier Tribunal or for lack of competence etc),
> (j) P’s registration has previously been suspended under paragraph 4AA of Schedule 6, or
> (k) P’s registration has previously been suspended under paragraph 4B of Schedule 6.
> (9) Subsection [(7)](#p07372) does not apply if, before the time mentioned in subsection [(7)](#p07372)[(a)](#p07378), the direction, order, penalty, cancellation or suspension referred to in subsection [(8)](#p07388)—
> (9) Subsection (7) does not apply if, before the time mentioned in subsection (7)(a), the direction, order, penalty, cancellation or suspension referred to in subsection (8)—
> (a) had been reversed, cancelled or quashed,
> (b) had been overturned on appeal (and had not subsequently been reinstated as a result of a further appeal), or
> (c) in the case of suspension under paragraph 4B of Schedule 6, had ceased to have effect by virtue of sub-paragraph (2) of that paragraph.
@@ -2793,8 +2793,8 @@
> (ii) in the circumstances specified in the regulations, P was or had previously been disqualified or suspended from practice as a member of a relevant profession, and
> (b) P did not inform the person by whom P was to be supervised of that fact before entering into the arrangement for supervision.
> (3) In this section—
> - “*professional sanction*” means an order, direction or decision which is imposed, given or made by, or other action which is taken by— a designated professional body, a designated qualifying regulator, a relevant disciplinary body, an Inn of Court, or a judge, court or tribunal in the exercise of a function in relation to the provision of legal services;
> - “*relevant disciplinary body*” means a body established wholly or partly for the purpose of exercising disciplinary functions in relation to— members of a designated professional body, or persons regulated by a designated qualifying regulator;
> - “*professional sanction*” means an order, direction or decision which is imposed, given or made by, or other action which is taken by—a designated professional body,a designated qualifying regulator,a relevant disciplinary body,an Inn of Court, ora judge, court or tribunal in the exercise of a function in relation to the provision of legal services;
> - “*relevant disciplinary body*” means a body established wholly or partly for the purpose of exercising disciplinary functions in relation to—members of a designated professional body, orpersons regulated by a designated qualifying regulator;
> - “*relevant profession*” means a profession which is regulated by a designated professional body or a designated qualifying regulator.
#### Monetary penalties
@@ -2815,22 +2815,22 @@
> (b) an amount specified by the Commissioner in the notice (a “variable penalty notice”).
> (4) The Commissioner may give a person who is not a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has failed to comply with the duty imposed on the person by paragraph 6(2) of Schedule 5.
> (5) The Commissioner may give an unqualified person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has committed an offence under section 91 or 92B.
> (6) In subsection [(5)](#p07589) “*unqualified person*”, in relation to the giving of a penalty notice, means a person who was not a qualified person at the time of the act or omission in relation to which the notice is given.
> (7) An amount specified in regulations under [subsection (3)](#p07573)[(a)](#p07576), 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)](#p07589) in relation to the commission of an offence under section 92B, the maximum amount of the fine that could be imposed on the person on summary conviction for the offence;
> (6) In subsection (5) “*unqualified person*”, in relation to the giving of a penalty notice, means a person who was not a qualified person at the time of the act or omission in relation to which the notice is given.
> (7) An amount specified in regulations under subsection (3)(a), and the amount specified in a variable penalty notice, must not exceed—
> (a) in the case of a penalty imposed on a person under subsection (5) in relation to the commission of an offence under section 92B, the maximum amount of the fine that could be imposed on the person on summary conviction for the offence;
> (b) in any other case, £15,000.
> (8) The Secretary of State may by regulations amend the amount for the time being specified in subsection [(7)](#p07598)[(b)](#p07609).
> (9) In this section and sections [92D](#p07637) to [92H](#p07873)—
> (8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).
> (9) In this section and sections 92D to 92H—
> - “*penalty notice*” means a notice under this section;
> - “*fixed penalty notice*” and “variable penalty notice” have the meanings given by subsection [(3)](#p07573).
> - “*fixed penalty notice*” and “variable penalty notice” have the meanings given by subsection (3).
> (92D)
> (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)](#p07639) must—
> (2) The notice under subsection (1) must—
> (a) specify the proposed amount of the penalty,
> (b) specify the Commissioner’s reasons for proposing to impose the penalty,
> (c) specify the period during which the person may make representations about the proposal (“*the specified period*”), and
> (d) specify the way in which those representations may be made.
> (3) The specified period must not be less than 28 days beginning with the date on which the notice under subsection [(1)](#p07639) is given.
> (3) The specified period must not be less than 28 days beginning with the date on which the notice under subsection (1) is given.
> (4) The Commissioner must have regard to any representations made by a person during the specified period in deciding—
> (a) whether to give a penalty notice to the person, and
> (b) if the Commissioner decides to give a variable penalty notice to the person, the amount of the penalty specified in the notice.
@@ -2840,7 +2840,7 @@
> (6) The penalty notice must also contain information as to—
> (a) the grounds for the penalty,
> (b) how payment may be made,
> (c) the details of any early payment discount or late payment penalty included by virtue of subsection [(7)](#p07722),
> (c) the details of any early payment discount or late payment penalty included by virtue of subsection (7),
> (d) the consequences of non-payment,
> (e) rights of appeal, and
> (f) the period within which an appeal may be made.
@@ -2854,13 +2854,13 @@
> (2) On an appeal under this section, the Tribunal may—
> (a) cancel the penalty,
> (b) confirm the requirement to pay the penalty, or
> (c) in the case of an appeal under subsection [(1)](#p07737)[(b)](#p07744), amend the amount of the penalty.
> (c) in the case of an appeal under subsection (1)(b), amend the amount of the penalty.
> (3) The requirement to pay the penalty under the notice is suspended at any time when—
> (a) an appeal under this section could be brought by the person in respect of the penalty, or
> (b) such an appeal is pending.
> (4) But subsection [(3)](#p07768)[(a)](#p07771) does not prevent the requirement to pay taking effect if the person notifies the Commissioner that the person does not intend to appeal.
> (5) No further amount is payable as a result of provision included in the penalty notice by virtue of section [92D](#p07637)[(7)](#p07722)[(b)](#p07729) in respect of the period during which the requirement to pay is suspended.
> (6) For the purposes of subsection [(3)](#p07768)[(b)](#p07775) an appeal is pending during the period—
> (4) But subsection (3)(a) does not prevent the requirement to pay taking effect if the person notifies the Commissioner that the person does not intend to appeal.
> (5) No further amount is payable as a result of provision included in the penalty notice by virtue of section 92D(7)(b) in respect of the period during which the requirement to pay is suspended.
> (6) For the purposes of subsection (3)(b) an appeal is pending during the period—
> (a) starting when the appeal is brought, and
> (b) ending when the appeal is finally determined, abandoned or withdrawn.
> (92F)
@@ -2879,17 +2879,17 @@
> (a) must from time to time review the guidance, and
> (b) may revise and republish the guidance following a review.
> (4) Before preparing or revising guidance under this section, the Commissioner must consult such persons as the Commissioner considers appropriate.
> (92H) A person who is required to pay a penalty under a penalty notice given under [section 92C](#p07547)[(5)](#p07589) (penalty in respect of offence under section 91 or 92B) may not at any time be convicted of an offence under section 91 or, as the case may be, 92B in respect of the act or omission in relation to which the notice was given.
> (92H) A person who is required to pay a penalty under a penalty notice given under section 92C(5) (penalty in respect of offence under section 91 or 92B) may not at any time be convicted of an offence under section 91 or, as the case may be, 92B in respect of the act or omission in relation to which the notice was given.
##### 10
- (1) In section 166(5) (regulations subject to the affirmative procedure), after paragraph [(cza)](#p07018) (as inserted by paragraph [3](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/3/enacted)) insert—
> (czb) [section 92C](#p07547)[(3)](#p07573)[(a)](#p07576) or [(8)](#p07614),
- (1) In section 166(5) (regulations subject to the affirmative procedure), after paragraph (cza) (as inserted by paragraph 3) insert—
> (czb) section 92C(3)(a) or (8),
.
- (2) If sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/10/1/enacted) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, paragraph 24(2) of that Schedule has effect on its coming into force as if for “for the “or” at the end of paragraph (c) substitute” there were substituted “after paragraph [(czb)](#p07891) insert”.
- (2) If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, paragraph 24(2) of that Schedule has effect on its coming into force as if for “for the “or” at the end of paragraph (c) substitute” there were substituted “after paragraph (czb) insert”.
##### 11
@@ -2897,11 +2897,11 @@
- (2) In paragraph 6(3) (investigations under the complaints scheme), after paragraph (c) (and on a new line) insert—
> (See also section [92C](#p07547) (which confers a power to impose monetary penalties for breaching the duty imposed by paragraph 6(2)).)
- (3) In paragraph 9(1) (determination of complaints), after paragraph [(f)](#p08109) (as inserted by paragraph [14](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/14/enacted)[(4)](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/14/4/enacted)) (and on a new line) insert—
> (See also section [92C](#p07547) (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).)
> (See also section 92C (which confers a power to impose monetary penalties for breaching the duty imposed by paragraph 6(2)).)
- (3) In paragraph 9(1) (determination of complaints), after paragraph (f) (as inserted by paragraph 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).)
#### Fees
@@ -2922,17 +2922,17 @@
> (h) for fees to be charged in respect of the provision of advice by the Commissioner;
> (i) for, and in connection with, requiring or authorising the Commissioner to waive all or part of a fee in particular cases.
> (3) The order may result in the charging of a fee in respect of the exercise of a function in a particular case which exceeds the costs of exercising the function in that case.
> (4) But in specifying the amount of a fee by virtue of subsection [(3)](#p07992) the Secretary of State may have regard only to either or both of the following—
> (4) But in specifying the amount of a fee by virtue of subsection (3) the Secretary of State may have regard only to either or both of the following—
> (a) the costs of exercising the function in question;
> (b) the costs of exercising any other function of the Commissioner.
> (5) References in subsection [(4)](#p07996) to the costs of exercising a function are to the costs of doing so in a particular class of case or in all cases.
> (5) References in subsection (4) to the costs of exercising a function are to the costs of doing so in a particular class of case or in all cases.
> (6) In this section “*registration*” means registration with the Commissioner under section 85.
##### 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 to any waiver in accordance with provision by virtue of subsection [(2)](#p07952)[(i)](#p07987) of that section).
> (5) No application under paragraph 1 or 3 is to be entertained by the Commissioner unless it is accompanied by the fee specified for that application by order under section 93A (but this is subject to any waiver in accordance with provision by virtue of subsection (2)(i) of that section).
#### The complaints scheme
@@ -2948,7 +2948,7 @@
- (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)](#p08065)”;
- (a) in sub-paragraph (2) for “is the subject of an investigation under the scheme” substitute “falls within sub-paragraph (2A)”;
- (b) after sub-paragraph (2) insert—
@@ -2957,7 +2957,7 @@
> (b) in a case where the person who is the subject of an investigation under the scheme is a relevant body, P—
> (i) was an officer, member or partner of the body when the body provided the immigration advice or immigration services to which the complaint relates, but
> (ii) is no longer such an officer, member or partner.
> (2B) In sub-paragraph [(2A)](#p08065)—
> (2B) In sub-paragraph (2A)—
> (a) “*relevant body*” means a body which was a registered person at the time to which the complaint relates;
> (b) “*officer*”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.
@@ -2973,40 +2973,40 @@
- (b) after sub-paragraph (1B) insert—
> (1C) For the purposes of sub-paragraph (1)[(f)](#p08109) and this sub-paragraph—
> (1C) For the purposes of sub-paragraph (1)(f) and this sub-paragraph—
> (a) a person is a “relevant authorised person” if—
> (i) the person falls within section 84(2)(b), or
> (ii) the person falls within section 84(2)(e) because the person acts on behalf of, and under the supervision of, a person falling within section 84(2)(b);
> (b) a body is a “*relevant body*” in relation to P if P was acting as the employee, officer, member or partner of the body when providing the immigration advice or immigration services to which the complaint relates;
> (c) “*officer*”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.
> (1D) The total amount that may be ordered to be refunded or paid by virtue of sub-paragraph (1)[(f)](#p08109) in respect of a complaint must not exceed £250,000.
> (1E) The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph [(1D)](#p08153).
> (1F) An order under sub-paragraph (1)[(f)](#p08109) may specify the time by which the refund or payment must be made.
> (1D) The total amount that may be ordered to be refunded or paid by virtue of sub-paragraph (1)(f) in respect of a complaint must not exceed £250,000.
> (1E) The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (1D).
> (1F) An order under sub-paragraph (1)(f) may specify the time by which the refund or payment must be made.
- (5) After paragraph 9 insert—
> (9A) The complaints scheme must include provision securing that, where the Commissioner proposes to make an order under paragraph 9(1)[(f)](#p08109) against a person—
> (9A) The complaints scheme must include provision securing that, where the Commissioner proposes to make an order under paragraph 9(1)(f) against a person—
> (a) the Commissioner must give the person a notice of what is proposed (a “notice of intent”),
> (b) the person may, within the period specified in the notice of intent, make written representations and objections to the Commissioner in relation to the proposed order,
> (c) the Commissioner must, at the end of the period for making representations and objections, consider any representations and objections made and—
> (i) determine to make the proposed order,
> (ii) determine not to make an order under paragraph 9(1)[(f)](#p08109) against the person,
> (iii) determine to make an order under paragraph 9(1)[(f)](#p08109) against the person requiring the person to refund or pay an amount which is less than the amount mentioned in the notice of intent, or
> (iv) provisionally determine to make an order under paragraph 9(1)[(f)](#p08109) against the person requiring the person to refund or pay an amount which is greater than the amount mentioned in the notice of intent, and
> (d) where the Commissioner makes a provisional determination as mentioned in [paragraph (c)](#p08189)[(iv)](#p08206), the person is given an opportunity to make written representations and objections in relation to the provisional determination which must be considered by the Commissioner before the order is made.
> (9B) Where the Commissioner makes an order under paragraph 9(1)[(f)](#p08109) against a person, the person may appeal to the First-tier Tribunal against the making of the order.
> (ii) determine not to make an order under paragraph 9(1)(f) against the person,
> (iii) determine to make an order under paragraph 9(1)(f) against the person requiring the person to refund or pay an amount which is less than the amount mentioned in the notice of intent, or
> (iv) provisionally determine to make an order under paragraph 9(1)(f) against the person requiring the person to refund or pay an amount which is greater than the amount mentioned in the notice of intent, and
> (d) where the Commissioner makes a provisional determination as mentioned in paragraph (c)(iv), the person is given an opportunity to make written representations and objections in relation to the provisional determination which must be considered by the Commissioner before the order is made.
> (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.
> (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)](#p08109) for an amount to be refunded or paid to a person (“*P*”), and
> (a) on determining a complaint under the complaints scheme, the Commissioner makes an order under paragraph 9(1)(f) for an amount to be refunded or paid to a person (“*P*”), and
> (b) the appeal rights in relation to the order are exhausted.
> (2) For the purposes of sub-paragraph [(1)](#p08226)[(b)](#p08234) the appeal rights in relation to an order are exhausted at a time when—
> (a) it is no longer possible for an appeal against the order to be made under paragraph [9B](#p08220) (ignoring any possibility of an appeal out of time), and
> (2) For the purposes of sub-paragraph (1)(b) the appeal rights in relation to an order are exhausted at a time when—
> (a) it is no longer possible for an appeal against the order to be made under paragraph 9B (ignoring any possibility of an appeal out of time), and
> (b) there is no appeal against the order which is pending.
> (3) On the application of P or the Commissioner, a court may order that the amount to be refunded or paid under the order is recoverable as if it were payable under an order of that court.
> (4) The Commissioner may make an application under sub-paragraph [(3)](#p08255) only—
> (4) The Commissioner may make an application under sub-paragraph (3) only—
> (a) in the circumstances specified in the complaints scheme, and
> (b) with P’s consent.
> (5) If a court makes an order under sub-paragraph [(3)](#p08255) on the application of the Commissioner, the Commissioner may, in the circumstances specified in the complaints scheme and with P’s consent, recover the amount mentioned in that sub-paragraph on behalf of P.
> (5) If a court makes an order under sub-paragraph (3) on the application of the Commissioner, the Commissioner may, in the circumstances specified in the complaints scheme and with P’s consent, recover the amount mentioned in that sub-paragraph on behalf of P.
> (6) For the purposes of this paragraph—
> (a) an appeal is pending during the period—
> (i) starting when the appeal is brought, and
@@ -3021,13 +3021,13 @@
- (1) In section 166(5) (regulations subject to the affirmative procedure), at the end of paragraph (d) insert
> or
> (e) paragraph 9[(1E)](#p08158) of Schedule 5,
> (e) paragraph 9(1E) of Schedule 5,
.
- (2) If sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/15/1/enacted) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, paragraph 24(2) of that Schedule has effect on its coming into force as if the “or” at the end of paragraph (ca) as inserted by paragraph 24(2) were omitted.
- (3) If sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2025/31/schedule/1/paragraph/15/1/enacted) 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).
- (2) If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, paragraph 24(2) of that Schedule has effect on its coming into force as if the “or” at the end of paragraph (ca) as inserted by paragraph 24(2) were omitted.
- (3) If sub-paragraph (1) comes into force at the same time as or after the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, omit the “or” at the end of section 166(5)(ca) of the Immigration and Asylum Act 1999 (as inserted by paragraph 24(2) of that Schedule).
#### Appointment of Immigration Services Commissioner
@@ -3136,7 +3136,7 @@
- (b) for “and (4)(b)” substitute “, (4)(b) and [(4A)](#p05667)[(b)](#p05674)”.
- (8) After subsection (9) (as inserted by section [55](https://www.legislation.gov.uk/ukpga/2025/31/section/55/enacted)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/55/3/enacted)) insert—
- (8) After subsection (9) (as inserted by section [55](https://www.legislation.gov.uk/ukpga/2025/31/section/55/2026-01-05)[(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/55/3/2026-01-05)) insert—
> (10) In this section “*relevant applicant authority*”, in relation to an interim serious crime prevention order, means—
> (a) where the order was applied for by the chief officer of police of a police force in England and Wales, the chief officer of police of any such police force;
@@ -3787,51 +3787,3 @@
[^key-653ea02d40046513bd766e28ab7e349c]: [S. 28](https://www.legislation.gov.uk/ukpga/2025/31/section/28) in force at 5.1.2026 in so far as not already in force by [S.I. 2025/1318](https://www.legislation.gov.uk/uksi/2025/1318), [reg. 2(e)](https://www.legislation.gov.uk/uksi/2025/1318/regulation/2/e)
[^key-cba930469c72e030f6c6945c77919468]: [S. 29](https://www.legislation.gov.uk/ukpga/2025/31/section/29) in force at 5.1.2026 by [S.I. 2025/1318](https://www.legislation.gov.uk/uksi/2025/1318), [reg. 2(e)](https://www.legislation.gov.uk/uksi/2025/1318/regulation/2/e)
#### EU Settlement Scheme: rights of entry and residence etc
#### Conditions on limited leave to enter or remain and immigration bail
#### Powers to take biometric information
#### Extension of prohibition on employment to other working arrangements
#### Timeframe for determination of appeal brought by appellant receiving accommodation support
#### Timeframe for determination of certain appeals brought by non-detained appellants liable to deportation
#### Refugee Convention: particularly serious crime
#### Articles for use in serious crime
#### Section 52: meaning of “relevant article”
#### Confiscation of assets
#### Electronic monitoring requirements
#### Interim serious crime prevention orders
#### Applicants for making of orders and interim orders
#### Notification requirements
#### Orders by Crown Court on acquittal or when allowing an appeal
#### Validation of fees charged in relation to qualifications
#### Financial provisions
#### Consequential and minor provision
#### Regulations
#### Extent
#### Commencement
#### Short title
#### Introductory
#### Serious Crime Act 2007
2025-12-02
Border Security, Asylum and Immigration Act 2025
original version
Text at this date