The Secretary of State must designate a civil servant as the Border Security
Commander (“the Commander”).
A
bill
to
Make provision about border security; to make provision about immigration and asylum; to make provision about sharing customs data and trailer registration data; to make provision about articles for use in serious crime; to make provision about serious crime prevention orders; to make provision about fees paid in connection with the recognition, comparability or assessment of qualifications; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Secretary of State must designate a civil servant as the Border Security
Commander (“the Commander”).
The Commander is to carry out the functions of that office on behalf of the
Crown.
Service as the Commander is service in the civil service of the State.
The Secretary of State must make arrangements for the provision to the
Commander by civil servants or other persons (or both) of such assistance as
the Secretary of State considers appropriate.
The terms and conditions of a designation as Commander are to be determined
by the Secretary of State.
In addition to any terms and conditions about termination determined under
subsection
(2)
, the Secretary of State may terminate a person’s designation as
the Commander—
in the interests of efficiency or effectiveness,
because of misconduct by the Commander, or
because of failure by the Commander to comply with the terms and
conditions of the designation.
Before terminating a person’s designation as the Commander, the Secretary
of State must—
give the Commander a written explanation of the reasons why the
Secretary of State is proposing to do so,
give the Commander the opportunity to make written representations
about the proposal to do so, and
consider any written representations made by the Commander.
If, having complied with subsection
(4)
, the Secretary of State determines that
a person’s designation as Commander should be terminated, the Secretary
of State may terminate that designation—
with immediate effect, or
on such date or at the end of such period as the Secretary of State
may determine.
In exercising the Commander’s functions, the Commander must have regard
to the objectives of—
maximising the effectiveness of the activities of partner authorities
relating to threats to border security, for the purpose of minimising
such threats, and
maximising the coordination of those activities for that purpose.
The Commander must from time to time issue a document (a “strategic priority
document”) which sets out what, in the Commander’s view, are—
the principal threats to border security when the document is issued,
and
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)
.
A partner authority must have regard to the strategic priority document in
exercising its functions in relation to threats to border security.
Before issuing a strategic priority document the Commander must—
consult the Board at a meeting of the Board, and
obtain the consent of the Secretary of State to issue the document.
In this Chapter—
“
border security” means the security of the United Kingdom’s borders;
“
public authority” means a person with functions of a public nature.
The following are not partner authorities for the purposes of this Chapter—
the Security Service;
the Secret Intelligence Service;
GCHQ.
For the purposes of this Chapter (but subject to subsection
(9)
), threats to
border security include the passage or conveyance of any person or thing
towards, into or out of the United Kingdom, or the organisation of or
preparation for such passage or conveyance, in circumstances mentioned in
subsection
(8)
.
Those circumstances are where such passage or conveyance, or the organisation
of or preparation for such passage or conveyance—
constitutes an offence under the law of any part of the United
Kingdom,
creates a risk of the commission of an offence under the law of any
part of the United Kingdom, or
threatens harm of any kind to persons or property in the United
Kingdom.
For the purposes of this Chapter, threats to border security do not include
threats relating to a customs revenue matter within the meaning of Part 1 of
the Borders, Citizenship and Immigration Act 2009 (see section 7(2) of that
Act).
As soon as reasonably practicable after the end of each financial year, the
Commander must prepare an annual report for the financial year.
The annual report must—
state how the Commander has carried out the functions of the
Commander in the financial year, and
The Commander must send a copy of the report to the Secretary of State.
The Secretary of State must—
lay a copy of the report before Parliament, and
arrange for it to be published.
In this section—
“
the border security system” means the systems and processes for
minimising threats to border security;
“
financial year” means—
the period beginning on the day on which this section comes
into force and ending on the following 31 March, and
each successive period of 12 months.
A partner authority must, so far as appropriate and reasonably practicable,
cooperate with the Commander in the carrying out of the Commander’s
functions.
The duty under subsection
(1)
extends only so far as the cooperation is
compatible with the exercise of the partner authority’s other functions.
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.
Subsection (3) applies to—
the Director-General of the Security Service,
the Chief of the Secret Intelligence Service, and
the Director of GCHQ.
The Commander must establish and maintain a board to assist the Commander
in the exercise of the Commander’s functions.
That board—
is to operate under such name as is specified from time to time by
the Commander, but
is referred to in this Chapter as “the Board”.
The members of the Board are to be—
the Commander, who is to be the chair of the Board, and
one or more representatives nominated by each relevant partner
authority.
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.
The Commander must hold meetings of the Board at such intervals as the
Commander thinks appropriate.
Where a person is required by virtue of this section to nominate a
representative as a member of the Board, the person—
must take reasonable steps to ensure that the representative attends
meetings of the Board, and
may, if the representative is unable to attend a particular meeting,
arrange for another representative of that person to attend as a member
of the Board in that representative’s place.
The functions conferred on the Commander by this Chapter may be exercised
by any civil servant authorised by the Commander for that purpose.
An authorisation given for the purposes of this section may provide that a
function may be exercised—
wholly or to a limited extent;
generally or in particular cases or areas;
unconditionally or subject to conditions.
An authorisation given for the purposes of this section—
may specify its duration,
may specify or describe the person authorised,
may be varied or revoked at any time by the Commander, and
does not prevent the Commander from exercising the function to
which the authorisation relates.
Anything done or omitted to be done by or in relation to a person authorised
under this section in, or in connection with, the exercise or purported exercise
of the function concerned is to be treated for all purposes as done or omitted
to be done by or in relation to the Commander.
This section applies if the Secretary of State thinks that—
the designation of a person as the Commander has terminated, or is
going to terminate, and there will be a gap before a new designation
is made, or
the Commander is, or is going to be, temporarily incapacitated or
temporarily unavailable to exercise the Commander’s functions.
The Secretary of State may designate a civil servant as the Interim Border
Security Commander to exercise the functions of the Commander under this
Chapter for such period as the Secretary of State thinks appropriate.
That period may not be longer than the period for which no Commander is
designated or (as the case may be) the Commander is incapacitated or
unavailable.
While a designation under this section has effect, references in this Chapter
(other than in this section) or in any other enactment or instrument to the
Commander include a reference to the Interim Border Security Commander.
An individual is not prevented from being designated as the Commander
merely because they have previously been designated as the Interim Border
Security Commander.
The Commander must comply with directions given by the Secretary of State
about the exercise of the Commander’s functions under this Chapter.
The Commander must have regard to guidance issued by the Secretary of
State about the exercise of those functions.
Directions and guidance under this section may be revised or withdrawn
from time to time.
This Chapter does not apply in relation to the naval, military or air forces of the Crown (including reserve forces); and references in this Chapter to the functions of the Commander or to partner authorities are to be read accordingly.
In Schedule 7 to the Data Protection Act 2018 (competent authorities for the
purposes of Part 3), after paragraph 56 insert— The Border Security Commander.”
“57
In this Chapter—
“
civil servant” means an individual who is employed in the civil service
of the State;
“
the Commander” means the Border Security Commander;
“
GCHQ” has the same meaning as in the Intelligence Services Act 1994
(see section 3(3) of that Act);
A person (“P”) commits an offence if—
P supplies or offers to supply a relevant article to another person, and
at the time P does so, P knows or suspects that the relevant article is
to be used by any person in connection with an offence under section
24 or 25 of the Immigration Act 1971 (illegal entry etc and assisting
unlawful immigration).
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)
.
The cases in which a person has a reasonable excuse for the purposes of
subsection
(2)
include (but are not limited to) those in which—
their action was for the purposes of carrying out a rescue of a person
from danger or serious harm, or
they were acting on behalf of an organisation which—
aims to assist asylum-seekers, and
does not charge for its services.
A person is regarded as having shown that they had a reasonable excuse for
their action if—
sufficient evidence of that matter is adduced to raise an issue with
respect to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under this section is liable on conviction
on indictment to imprisonment for a term not exceeding 14 years.
In this section and sections
14
and
16
“asylum-seeker” means a person who
intends to claim that to remove them from or require them to leave the United
Kingdom would be contrary to the United Kingdom’s obligations under—
the Refugee Convention (within the meaning given by section 167(1)
of the Immigration and Asylum Act 1999), or
the Human Rights Convention (within the meaning given by that
section).
A person (“P”) commits an offence if, in the circumstances mentioned in
subsection
(2)
—
P receives or arranges to receive a relevant article from another person,
P removes or disposes of a relevant article for the benefit of another
person, or
P assists another person to remove or dispose of a relevant article.
Those circumstances are where, at the time P does the act mentioned in
subsection
(1)
, P knows or suspects that the relevant article has been, is being,
or is to be used by P or any other person in connection with an offence under
section 24 or 25 of the Immigration Act 1971.
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)
.
The cases in which a person has a reasonable excuse for the purposes of
subsection
(3)
include (but are not limited to) those in which—
their action was for the purposes of carrying out a rescue of a person
from danger or serious harm, or
they were acting on behalf of an organisation which—
aims to assist asylum-seekers, and
does not charge for its services.
A person is regarded as having shown that they had a reasonable excuse for
their action if—
sufficient evidence of that matter is adduced to raise an issue with
respect to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under this section is liable on conviction
on indictment to imprisonment for a term not exceeding 14 years.
food or drink,
anything designed for use in connection with the preparation, supply,
consumption or storage of food or drink,
a medicinal product or medical equipment,
clothing,
bedding,
a tent or other form of temporary shelter,
anything designed solely or principally to preserve the life of a person
in distress at sea, or
anything designed solely or principally to enable a person in distress
at sea to signal for help.
The Secretary of State may by regulations amend this section so as to—
add to the list of things and substances for the time being specified
in subsection
(1)
as things and substances which are not relevant
articles;
make provision which is consequential on provision made under
paragraph
(a)
.
A person (“P”) commits an offence if, in the circumstances mentioned in
subsection
(2)
—
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,
P possesses a document or record containing information of that kind,
or
P views, or otherwise accesses, by means of the internet a document
or record containing information of that kind.
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.
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.
In this section “relevant journey” means a journey involving the transportation
of one or more individuals from any place outside the United Kingdom to
any place within the United Kingdom, where the entry of any of those
individuals into the United Kingdom, or the arrival of any of those individuals
in the United Kingdom, would constitute an offence under section 24 of the
Immigration Act 1971.
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.
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)
.
The cases in which a person has a reasonable excuse for the purposes of
subsection
(7)
include (but are not limited to) those in which—
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,
the person’s action or possession was for the purposes of—
organising or preparing for a journey other than a relevant
journey,
carrying out work as a journalist,
academic research,
carrying out, or preparing for the carrying out of, a rescue of
a person from danger or serious harm, or
providing, or preparing for the provision of, medical care or
emergency shelter or supplies, or
the person was acting on behalf of an organisation which—
aims to assist asylum-seekers, and
does not charge for its services.
Where, in accordance with subsection
(6)
or
(7)
, it is a defence for a person
charged with an offence to show a particular matter, they are regarded as
having shown the matter if—
sufficient evidence of that matter is adduced to raise an issue with
respect to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under this section is liable on conviction
on indictment to imprisonment for a term not exceeding 5 years.
In this section “record” includes a photographic or electronic record.
proceedings for the offence may be taken at any place in the United
Kingdom, and
the offence may for all incidental purposes be treated as having been
committed at any such place.
In the application of subsection
(2)
to Scotland, any such proceedings against
a person may be taken—
in any sheriff court district in which the person is apprehended or is
in custody, or
in such sheriff court district as the Lord Advocate may determine.
For the purposes of subsection
(3)
, “sheriff court district” is to be read in
accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1)
of that Act).
“(E1A)
A person commits an offence under this subsection if—
(a)
the person commits an offence under subsection (A1), (B1),
(D1) or (E1),(b)
the person’s journey which resulted in their entry into, or
arrival in, the United Kingdom as mentioned in subsection (A1), (B1), (D1) or (E1) (as the case may be) was a journey by water from France, Belgium or the Netherlands, and(c)
at any time during the relevant period, the person did an act
that caused, or created a risk of, the death of, or serious personal injury to, another person.(E1B)
(a)
“personal injury” means physical or psychological injury;
(b)
“the relevant period” means the period—
(i)
beginning when the person first left dry land in France,
Belgium or the Netherlands for the purpose of making the journey, and(ii)
ending when the person first reached dry land in the
United Kingdom;(c)
land is to be regarded as “dry land” at any particular time if
it is not covered by water at that time.”
In subsection (F1)—
in the words before paragraph (a), for “(E1)” substitute “ (E1A) ”;
“(iii)
for an offence under subsection (E1A) committed
in connection with an offence under subsection (A1), to imprisonment for a term not exceeding six years or a fine (or both);(iv)
for an offence under subsection (E1A) committed
in connection with an offence under subsection (B1), (D1) or (E1), to imprisonment for a term not exceeding five years or a fine (or both).”
In subsection (3), after “(E1)” insert “, (E1A) ”.
In subsection (4), for “under subsection (B1) above of” substitute “under
subsection (B1) or
(E1A)
in relation to”.
In subsection (5), for “under subsection (D1) above of” substitute “under
subsection (D1) or
(E1A)
in relation to”.
“(6)
Subsection (E1A) applies to acts carried out inside or outside the
United Kingdom.”
“(7)
If, on the trial of a person charged with an offence under subsection (E1A) in connection with the commission of an offence under
subsection (A1), (B1), (D1) or (E1), a magistrates’ court, sheriff or jury finds the person not guilty of the offence charged, the magistrates’ court, sheriff or jury may find the person guilty of an offence under subsection (A1), (B1), (D1) or (E1) as the case may be.”
In the Immigration Act 1971—
in section 28B(5) (search and arrest by warrant), after “(E1)” insert “, (E1A) ”;
in section 28D(4) (entry and search of premises), after “(E1)” insert “, (E1A) ”;
in section 28Q(1) (interpretation of Part 3A), in paragraph (a) of the
definition of “relevant offence”, for “or (E1),” substitute “, (E1) or
(E1A)
,”.
In the Nationality, Immigration and Asylum Act 2002—
in section 129(1) (duty on local authority to disclose information on
suspected immigration offences), in paragraph (a), after “(E1)” insert
“,
(E1A)
”;
in section 134(1) (duty on employer to disclose information on
suspected immigration offences), in paragraph (a), after “(E1)” insert
“,
(E1A)
”.
“Relevant person” means a person who—
has entered or arrived in the United Kingdom as mentioned in
subsection
(3)
(whether before or after this section comes into force),
and
has not subsequently been given leave to enter or remain in the United
Kingdom.
A person has entered or arrived in the United Kingdom as mentioned in this
subsection if the person—
requires leave to enter the United Kingdom but has entered the United
Kingdom without such leave,
has entered the United Kingdom in breach of a deportation order,
requires entry clearance under the immigration rules but has arrived
in the United Kingdom without a valid entry clearance, or
is required under the immigration rules not to travel to the United
Kingdom without an electronic travel authorisation that is valid for
the person’s journey to the United Kingdom, but has arrived in the
United Kingdom without such an electronic travel authorisation.
“Relevant article” means any thing which appears to an authorised officer to
be a thing on which information that relates, or may relate, to the commission
(whether in the past or future) of an offence under section 25 or 25A of the
Immigration Act 1971 is, or may be, stored in electronic form.
Section 11(1) of the Immigration Act 1971 (person deemed not to enter United
Kingdom before disembarkation, while in controlled area or while under
immigration control) applies for the purposes of this section as it applies for
the purposes of that Act.
“Authorised officer” means—
an immigration officer,
a constable of a police force maintained by a local policing body,
a constable of the Police Service of Scotland,
a constable of the Police Service of Northern Ireland, or
an NCA officer,
(and see also section 25 ).
For the meaning of other expressions used in this section, see section 26 .
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.
The power of an authorised officer to search a person under subsection (1) —
authorises the search of the person’s mouth, and
authorises the officer to require the person to remove an outer coat,
jacket or glove (but no other clothing).
An authorised officer may search property for any relevant article if the officer
has reasonable grounds to suspect that the property—
is or has been in the possession of a relevant person, and
contains or includes a relevant article.
An authorised officer may search premises for any relevant article if—
the officer is lawfully on the premises,
the officer has reasonable grounds to suspect that a relevant article
that is or has been in the possession of a relevant person is on the
premises, and
the relevant person was on the premises when, or immediately before,
an authorised officer encountered the person.
An authorised officer may search a vehicle or container for any relevant article
if—
the officer has reasonable grounds to suspect that a relevant article
that is or has been in the possession of a relevant person is in the
vehicle or container, and
either—
the officer has reasonable grounds to suspect that the relevant
person was in the vehicle or container at the time of their
arrival in the United Kingdom or at any time during a journey
which ended with their arrival in the United Kingdom, or
the relevant person was in the vehicle or container when, or
immediately before, an authorised officer encountered the
person.
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.
If an inspector gives an authorisation under
subsection (7)
, the inspector must,
as soon as it is practicable to do so, cause an officer of at least the rank of
superintendent to be informed.
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.
If an NCA officer gives an authorisation under subsection
(9)
, the NCA officer
must, as soon as it is practicable to do so, cause an NCA officer at or above
a grade that is equivalent to the rank of superintendent to be informed.
A constable or an NCA officer may use reasonable force, if necessary, in the
exercise of a power under this section.
Paragraphs 21 and 22 of Schedule 5 to the Crime and Courts Act 2013 (offences
of resistance, wilful obstruction and assault) apply in relation to an NCA
officer exercising a power under this section as they apply in relation to a
designated officer acting in the exercise of an operational power within the
meaning of that Schedule.
An authorised officer may seize any relevant article that—
is found on a search carried out under section 20 , or
is not found on a search but appears to the officer to be, or to have
been, in the possession of a relevant person.
A constable may seize a relevant article under
subsection (1)
only if the seizure
of the article is authorised by a police officer of at least the rank of inspector.
If an inspector gives an authorisation under
subsection (2)
, the inspector must,
as soon as it is practicable to do so, cause an officer of at least the rank of
superintendent to be informed.
An NCA officer may seize a relevant article under subsection
(1)
only if the
seizure of the article is authorised by an NCA officer at or above a grade that
is equivalent to the rank of inspector.
If an NCA officer gives an authorisation under subsection
(4)
, the NCA officer
must, as soon as it is practicable to do so, cause an NCA officer at or above
a grade that is equivalent to the rank of superintendent to be informed.
A constable or an NCA officer may use reasonable force, if necessary, in the
exercise of a power under subsection
(1)
.
Paragraphs 21 and 22 of Schedule 5 to the Crime and Courts Act 2013 (offences
of resistance, wilful obstruction and assault) apply in relation to an NCA
officer exercising a power under subsection
(1)
as they apply in relation to a
designated officer acting in the exercise of an operational power within the
meaning of that Schedule.
A relevant article seized by a constable or an NCA officer under
subsection
(1)
may be given by a constable or an NCA officer to an immigration officer
or the Secretary of State.
A relevant article seized under subsection (1) or given under subsection (8) —
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—
for the purposes of accessing, examining or copying information
stored on the article as mentioned in
section 23
, or
for use in proceedings for an offence;
must, subject to subsections
(8)
and
(11)
and section
22
, be returned
when
paragraph (a)
ceases to apply in relation to it.
to the person from whom it was seized, or
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.
Subsection
(12)
,
(13)
,
(14)
or
(16)
applies (as the case may be) to a relevant
article to which subsection
(9)
(a)
ceases to apply if—
there is no person to whom it can be returned in accordance with
subsection
(10)
, and
it is not required to be dealt with in accordance with section 22 .
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.
If the relevant article is in the possession of a constable of a police force
maintained by a local policing body, or of an NCA officer, it must be disposed
of in accordance with the Police (Property) Act 1897, and any regulations
under that Act, as if it were property that has come into the possession of
the constable or NCA officer in connection with the investigation of a
suspected offence.
If the relevant article is in the possession of a constable of the Police Service
of Scotland, it must be disposed of in accordance with Part 6 of the Civic
Government (Scotland) Act 1982 as if—
it were property that has been delivered to a constable under section
67 of that Act, and
In the application of Part 6 of that Act in relation to a relevant article by
virtue of subsection
(14)
, references in that Part to action which may or must
be taken in relation to the finder of property are to be disregarded.
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.
This section applies if—
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”).
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—
subsection (2) does not apply, and
the immigration officer may notify a person who the immigration
officer thinks has functions in relation to the investigation of the
relevant offence.
A person notified under this section that a relevant article is being retained
by an immigration officer must, as soon as is reasonably practicable after
being so notified, inform the immigration officer whether the person will
accept the article.
The person may inform the immigration officer that the person will not accept
the relevant article only if—
the person does not think the article or information stored on it has
been obtained in consequence of the commission of, or is evidence in
relation to, an offence,
the person does not have functions in relation to the investigation of
the relevant offence, or
the person thinks that it would be more appropriate for the relevant
offence to be investigated by another person with such functions.
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.
Once the relevant article has been given as mentioned in subsection
(6)
, any
provision of an enactment which applies to items seized or taken away by
the person applies to the article as if it had been seized or taken away by the
person for the purposes of the investigation of the relevant offence.
If the person informs the immigration officer that the person will not accept
the relevant article because subsection
(5)
(b)
or
(c)
applies, the immigration
officer must, as soon as is reasonably practicable—
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
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.
A function conferred or imposed by this section on an immigration officer
may be exercised by any other immigration officer.
In this section—
“
enactment” includes—
an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978,
an enactment contained in, or in an instrument made under,
an Act of the Scottish Parliament,
an enactment contained in, or in an instrument made under,
a Measure or Act of Senedd Cymru, and
an enactment contained in, or in an instrument made under,
Northern Ireland legislation;
“
immigration offence” means an offence which relates to an immigration
or nationality matter.
An authorised officer or the Secretary of State may—
access and examine any information stored on a relevant article that
is retained under
section 21
(9)
(a)
;
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;
use any information retained under paragraph
(b)
for a purpose
relating to the prevention, detection, investigation or prosecution of
such an offence.
A constable may access, examine, copy, retain or use information under
subsection
(1)
only if the accessing, examination, copying, retention or use of
the information is authorised by a police officer of at least the rank of
inspector.
If an inspector gives an authorisation under
subsection (2)
, the inspector must,
as soon as it is practicable to do so, cause an officer of at least the rank of
superintendent to be informed.
An NCA officer may access, examine, copy, retain or use information under
subsection
(1)
only if the accessing, examination, copying, retention or use of
the information is authorised by an NCA officer of a grade that is equivalent
to the rank of inspector or above.
If an NCA officer gives an authorisation under subsection
(4)
, the NCA officer
must, as soon as it is practicable to do so, cause an NCA officer of a grade
that is equivalent to the rank of superintendent or above to be informed.
The Criminal Justice and Police Act 2001 is amended as follows.
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—
“Border Security, Asylum and Immigration Act 2025
73Y
The Secretary of State may by regulations provide—
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.
The descriptions of person that may be specified in the regulations include
persons designated by the Secretary of State in accordance with the regulations.
Where persons are designated by the Secretary of State as mentioned in
subsection (2)
the regulations must contain such safeguards relating to the
designation as the Secretary of State considers appropriate.
“
container” has the meaning given by section 1 of the Customs and
Excise Management Act 1979;
“
deportation order” means an order under section 5 of the Immigration
Act 1971;
“
electronic travel authorisation” means an authorisation in electronic
form to travel to the United Kingdom;
“
entry clearance” has the meaning given by section 33(1) of the
Immigration Act 1971;
“
immigration officer” means a person appointed by the Secretary of State
as an immigration officer under paragraph 1 of Schedule 2 to the
Immigration Act 1971;
“
immigration rules” means rules under section 3(2) of the Immigration
Act 1971;
“
NCA officer” means National Crime Agency officer;
“
premises” includes any place and in particular includes any tent or
movable structure;
“
ship” has the meaning given by section 28Q of the Immigration Act
1971;
“
vehicle” includes—
any ship, train (including any locomotive and railway rolling
stock of any description), aircraft or bicycle, and
anything designed or adapted for being towed by a vehicle.
HMRC, or anyone acting on HMRC’s behalf, may supply information held
by them in connection with HMRC’s customs functions to a person listed in
subsection
(3)
for use for the purposes of that person’s functions.
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—
the movement of goods or cash into, out of or within the United
Kingdom, and
the imposition, enforcement or other regulation of any tax or duty
relating to such movement of goods.
The persons mentioned in subsection (1) are—
a Minister of the Crown or a government department,
an immigration officer,
a designated customs official,
the Director of Border Revenue,
the Border Security Commander,
a UK authorised person,
the government of a country or territory outside the United Kingdom,
a person in a country or territory outside the United Kingdom with
public functions relating to—
the movement of goods or cash into or out of that country or
territory, or
the imposition, enforcement or other regulation of any tax or
duty relating to such movement of goods, and
an international organisation to which this subsection applies.
Subsection (3) applies to an international organisation if—
it has functions relating to the movement of goods or cash across
international borders, or
an international arrangement makes provision for cooperation between
HMRC and the international organisation.
In this section—
“
cash” means—
notes and coins in any currency, and
any bearer-negotiable or other monetary instrument;
“
goods” has the same meaning as in the Customs and Excise Management
Act 1979 (see section 1 of that Act);
“
government department” includes—
a part of the Scottish Administration,
a Northern Ireland department,
the Welsh Government, and
a body or authority exercising statutory functions on behalf of
the Crown;
“
international arrangement” means an international agreement or
arrangement to which any of the following is a party—
the United Kingdom;
His Majesty’s Government;
HMRC;
the Commissioners for His Majesty’s Revenue and Customs;
“
international organisation” has the same meaning as in the Data
Protection Act 2018 (see section 205(1) of that Act);
“
Minister of the Crown” has the same meaning as in the Ministers of
the Crown Act 1975 (see section 8(1) of that Act).
Subject to the following provisions of this section, a person who receives
information under section
27
(1)
—
may use it only for the purposes for which it was supplied, and
may not further disclose it without the consent of the Commissioners
for His Majesty’s Revenue and Customs (which may be general or
specific).
Subsection (3) applies to—
the Secretary of State for the Home Department, and
If at any time the Secretary of State by whom general customs functions are
exercisable is not the Secretary of State for the Home Department, subsection
(4)
is to be read at that time as if it included a reference to the Secretary of
State by whom general customs functions are exercisable.
Information that has been supplied under section
27
(1)
or subsection
(3)
of
this section to a person mentioned in section
27
(3)
(b)
to
(e)
is to be treated
for the purposes of subsections
(7)
to
(10)
of this section as also having been
supplied to that person under section
27
(1)
in their capacity as an official of
the Secretary of State.
A person within subsection
(3)
(a)
or
(f)
of section
27
may, to the extent that
this is not otherwise permitted by subsection
(3)
of this section, supply
information received under subsection
(1)
of section
27
to a person within
subsection
(3)
(a)
to
(f)
of that section for use for any of the following
purposes—
any purpose for which the information was supplied under subsection (1) of that section;
immigration purposes;
the purposes of exercising a customs function;
the law enforcement purposes;
human welfare purposes;
safeguarding national security;
purposes connected with—
a criminal investigation, or
civil or criminal proceedings,
(including investigations and proceedings outside the United Kingdom).
The Secretary of State by whom immigration and nationality functions are
exercisable may supply information received under section
27
(1)
to any person
(whether or not within the United Kingdom) for use for any of the following
purposes—
a purpose within section 40(1) of the UK Borders Act 2007;
purposes connected with—
a criminal investigation relating to an immigration or nationality
matter, or
civil or criminal proceedings relating to such a matter,
(including investigations and proceedings outside the United Kingdom).
The Secretary of State by whom general customs functions are exercisable
may supply information received under section
27
(1)
to any person (whether
or not within the United Kingdom) for use for purposes connected with—
a criminal investigation, or
civil or criminal proceedings relating to a customs function,
(including investigations and proceedings outside the United Kingdom).
A person who receives information under or by virtue of—
may supply the information to any person in pursuance of an order of a court.
This section does not prevent the disclosure of information to HMRC.
This section is subject to section 29 .
In this section—
“
immigration and nationality functions” has the meaning given by section
40(4) of the UK Borders Act 2007;
“
immigration or nationality matter” means a matter in respect of which
the Secretary of State has immigration and nationality functions.
A person who receives information under subsection
(3)
of section
28
or by
virtue of this subsection may not further disclose it—
without the consent of the Commissioners for His Majesty’s Revenue
and Customs (which may be general or specific).
Subsection (7) applies if—
the information relates to a person whose identity is specified in, or
can be deduced from, the disclosure.
Section 19 of the Commissioners for Revenue and Customs Act 2005 (offence
of wrongful disclosure) applies in relation to the disclosure as it applies in
relation to a disclosure in contravention of section 20(9) of that Act.
This section does not prevent the disclosure of information to HMRC.
“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.
The information may be supplied to the Secretary of State for the Home
Department for use in connection with any of the following purposes—
immigration purposes;
the law enforcement purposes;
human welfare purposes;
purposes connected with the exercise of functions under the Proceeds
of Crime Act 2002;
safeguarding national security;
responding to an emergency.
The information may be supplied to the Secretary of State by whom general
customs functions are exercisable for use in connection with a customs function
exercisable by the Secretary of State.
The information may be supplied to the National Crime Agency for use in
connection with any NCA functions.
The information may be supplied to HMRC for use in connection with any
HMRC functions.
The information may be supplied to a UK authorised person or a UK
authorising officer for use in connection with any of the following purposes—
specified purposes related to policing;
the law enforcement purposes;
safeguarding national security.
The information may be supplied to a non-UK authorised person or a non-UK
authorising officer for use in connection with any of the following purposes—
the prevention, investigation, detection or prosecution of criminal
offences or the execution of criminal penalties, including the
safeguarding against and the prevention of threats to public security;
purposes connected with the exercise of any statutory functions of the
recipient relating to customs, excise, immigration or the proceeds of
crime.
Information received by the Secretary of State under subsection
(3)
may be
supplied by the Secretary of State to any of the following persons for use in
connection with any of the purposes listed in subsection
(3)
—
an immigration officer;
a designated customs official;
the Border Security Commander.
Information received by the Secretary of State under subsection
(4)
may be
supplied by the Secretary of State to either or both of the following persons
for use in connection with a customs function exercisable by the person—
the Director of Border Revenue;
a designated customs official.
If at any time the Secretary of State by whom general customs functions are
exercisable is not the Secretary of State for the Home Department, subsection
(3)
is to be read at that time as if the reference to the Secretary of State for
the Home Department included a reference to the Secretary of State by whom
general customs functions are exercisable.
A person who receives information under section
30
(3)
,
(4)
,
(9)
or
(10)
may
supply the information—
to a person exercising public functions (whether or not within the
United Kingdom) for use in connection with any of the following
purposes—
immigration purposes;
the purposes of exercising a customs function;
specified purposes related to policing;
the law enforcement purposes;
human welfare purposes;
safeguarding national security;
responding to an emergency;
purposes connected with civil or criminal legal proceedings or
a criminal investigation (including proceedings or an
investigation outside the United Kingdom), or
to another person in pursuance of—
an order of a court, or
an agreement to which the United Kingdom or His Majesty’s
Government is a party.
Sections
27
to
31
do not authorise a disclosure of information if the disclosure
would contravene the data protection legislation or the investigatory powers
legislation (but in determining whether a disclosure would do either of those
things, the powers conferred by those sections are to be taken into account).
In this section—
“
the data protection legislation” has the same meaning as in the Data
Protection Act 2018 (see section 3 of that Act);
“
the investigatory powers legislation” means Parts 1 to 7 and Chapter 1
of Part 9 of the Investigatory Powers Act 2016.
References to the following persons have the following meanings—
“
the Border Security Commander” means the person designated under
section 1 of this Act;
“
designated customs official” has the same meaning as in Part 1 of the
Borders, Citizenship and Immigration Act 2009 (see section 14(6) of
that Act);
“
the Director of Border Revenue” means the person designated under
section 6 of the Borders, Citizenship and Immigration Act 2009;
“
HMRC” means His Majesty’s Revenue and Customs;
“
immigration officer” means a person appointed by the Secretary of State
as an immigration officer under paragraph 1 of Schedule 2 to the
Immigration Act 1971.
A “UK authorised person” means—
|
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 |
In the table in subsection (3) —
“
constable” includes special constable;
“
relevant Provost Marshal” means—
in relation to a member of a service police force—
the Provost Marshal of that service police force, or
in the case of a member of the tri-service serious crime
unit described in section 375(1A) of the Armed Forces
Act 2006, the Provost Marshal for serious crime;
in relation to any other person who is under the direction and
control of a Provost Marshal, the Provost Marshal under whose
direction and control the person is;
“
service police force” has the same meaning as in the Armed Forces Act
2006 (see section 375(1) of that Act).
A “UK authorising officer” means—
a person having the direction and control of a body of constables, and
a Provost Marshal.
A “non-UK authorised person” means a person specified in the first column
of the following table who is authorised to receive information under section
30
(8)
by the person specified in the corresponding entry in the second column
of the table.
|
Person |
Authorising officer |
|---|---|
|
A member of the States of Jersey Police Force |
The Chief Officer of the States of Jersey Police Force |
|
A Deputy Agent of the Impôts or an officer of the Impôts |
The Agent of the Impôts of the Bailiwick of Jersey |
|
An employee or member of the Jersey Financial Intelligence Unit |
The Director of the Jersey Financial Intelligence Unit |
|
A member of the salaried Police Force of the Island of Guernsey |
The Chief Officer of the salaried Police Force of the Island of Guernsey |
|
An employee of the States of Guernsey |
The Chief Officer of the salaried Police Force of the Island of Guernsey |
|
An officer of Customs and Excise of the Bailiwick of Guernsey |
The Chief Officer of Customs and Excise of the Bailiwick of Guernsey |
|
An immigration officer of the Bailiwick of Guernsey |
The Chief Officer of Customs and Excise of the Bailiwick of Guernsey |
|
A person authorised to exercise a function of the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey |
The Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey |
|
A member of staff of the Financial Intelligence Unit of the Bailiwick of Guernsey |
The head of the Financial Intelligence Unit of the Bailiwick of Guernsey |
|
A member of the Isle of Man Constabulary |
The Chief Constable of the Isle of Man Constabulary |
|
An employee of the Isle of Man Public Services Commission |
The Chief Constable of the Isle of Man Constabulary |
|
An officer of Customs and Excise of the Isle of Man |
The Treasury Minister of the Isle of Man |
|
An immigration officer of the Isle of Man |
The Treasury Minister of the Isle of Man |
|
A member of staff of the Isle of Man Financial Intelligence Unit |
The Director of the Isle of Man Financial Intelligence Unit |
|
A member of the Royal Gibraltar Police |
The Commissioner of the Royal Gibraltar Police |
|
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 at His Majesty’s Government of Gibraltar |
A “non-UK authorising officer” means a person specified in the second column
of the table in subsection
(6)
.
References to the following purposes or functions have the following
meanings—
“
customs function” has the same meaning as in Part 1 of the Borders,
Citizenship and Immigration Act 2009 (see section 14(6) of that Act);
“
general customs function” has the same meaning as in Part 1 of the
Borders, Citizenship and Immigration Act 2009 (see section 1(8) of
that Act);
“
HMRC functions” means functions of the Commissioners for His
Majesty’s Revenue and Customs or of officers of Revenue and Customs,
within the meaning of the Commissioners for Revenue and Customs
Act 2005 (see section 51(2) to (2B) of that Act);
“
human welfare purposes” means any of the following—
preventing loss of human life;
preventing serious physical harm to a person;
safeguarding vulnerable people;
“
immigration purposes” has the meaning given by section 20(3) of the
Immigration and Asylum Act 1999;
“
the law enforcement purposes” has the same meaning as in Part 3 of
the Data Protection Act 2018 (section 31 of that Act);
“
NCA functions” has the same meaning as in Part 1 of the Crime and
Courts Act 2013 (see section 16(1) of that Act);
Before making regulations under subsection
(8)
, the Secretary of State must
consult—
the Scottish Ministers,
the Department of Justice in Northern Ireland, and
such persons appearing to the Secretary of State to represent the views
of a body of constables in the United Kingdom as the Secretary of
State considers appropriate.
An authorised person may take biometric information from a person to whom
this section applies.
This section applies to a person if—
the authorised person reasonably believes that, if the person were to
seek to enter the United Kingdom, the person would require leave to
do so (whether or not such leave has been given), and
His Majesty’s Government is considering whether to facilitate, or is
facilitating or has facilitated, the person’s departure from a state or
territory.
An authorised person may not take biometric information from a child under
the age of 16 except in the presence of a person aged 18 or over who is—
the child’s parent or guardian, or
a person who for the time being takes responsibility for the child.
an authorised person, or
an officer of the Secretary of State who is not an authorised person.
Subsection
(3)
does not prevent an authorised person from taking biometric
information from a child if the authorised person reasonably believes that
the child is aged 16 or over.
In this section and section 35 —
“
authorised person” means a person authorised by the Secretary of State
for the purposes of this section;
“
biometric information” has the meaning given by section 15(1A) of the
UK Borders Act 2007.
References in this section and section
35
to the taking of biometric information
from a person include the recording of biometric information about the person.
Biometric information may be taken under this section outside the United
Kingdom.
An authorised person who takes biometric information under section
34
must
supply that information to the Secretary of State as soon as reasonably
practicable.
Biometric information taken under section
34
may be used by the Secretary
of State in connection with—
the exercise of a function relating to immigration or nationality, or
the exercise of a function relating to law enforcement or the protection
of national security.
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—
the Secretary of State no longer considering that it is necessary to
retain the information for any use mentioned in subsection
(2)
, and
the end of the period of 5 years beginning with the day on which the
information was taken.
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)
.
Biometric information retained by the Secretary of State by virtue of subsection
(3)
may also be used by the Secretary of State for the purpose of identifying
a person whose departure His Majesty’s Government is considering whether
to facilitate, or is facilitating or has facilitated, as mentioned in section
34
(2)
(b)
.
Where the Secretary of State’s use of biometric information under subsection
(6)
involves transferring that information to a third country or to an
international organisation, the transfer is to be taken as being necessary for
important reasons of public interest for the purposes of Article 49(1)(d) of the
UK GDPR.
In subsection (7) —
“
international organisation” and “third country” have the same meaning
as in the UK GDPR (see Article 4 of the Regulation);
“
the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data
Protection Act 2018 (see section 3(10) and (14) of that Act).
In Schedule 8 to the Terrorism Act 2000, in paragraph 20(1) (power to take a person detained under section 41 at a police station in a person detained under Schedule 7 in Scotland,”.
fingerprints etc: Scotland) for “a person detained under Schedule 7 or section
41 at a police station in Scotland” substitute “—
(a)
Scotland, or
(b)
In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border
security), in paragraph 42(1) (power to take fingerprints etc: Scotland) omit
“at a police station”.
The Safety of Rwanda (Asylum and Immigration) Act 2024 is repealed.
The following provisions of the Illegal Migration Act 2023 are repealed—
sections 1 to 6 and Schedule 1;
sections 7 to 11;
sections 13 to 15 and Schedule 2;
sections 16 to 28;
sections 30 to 51;
sections 53 to 58;
section 61;
section 66.
Section 8AA of the Immigration Act 1971 (persons ineligible for leave to enter
and remain, entry clearance and ETA) (inserted by section 30(3) of the Illegal
Migration Act 2023) is to be treated as never having been in force.
In the Immigration Act 1971—
in section 8(1) (exceptions for seamen and aircrews) omit paragraph
(d) and the “or” before it;
omit section 8AA (persons ineligible for leave to enter and remain,
entry clearance and ETA);
in paragraph 17A of Schedule 2 (periods for which persons may be
detained)—
in sub-paragraph (2) omit “(2C),”;
in sub-paragraph (3) omit paragraph (d).
In the British Nationality Act 1981—
in section 3 (acquisition of British citizenship by registration: minors)
omit subsection (7);
in section 4 (acquisition of British citizenship by registration: British
overseas territories citizens etc) omit subsection (7);
in section 4A (acquisition of British citizenship by registration: further
provision for British overseas territories citizens) omit subsection (3);
in section 4AA (acquisition of British citizenship by registration: Irish
citizens) (as inserted by section 1(2) of the British Nationality (Irish
Citizens) Act 2024) omit subsection (4);
in section 5 (acquisition of British citizenship by registration: British
overseas territories citizens having connection with Gibraltar) omit
“Subject to sections 31, 32 and 36 of the Illegal Migration Act 2023
(restriction of eligibility for citizenship etc),”;
in section 6 (acquisition of British citizenship by naturalisation) omit
subsection (3);
in section 10 (registration as British citizen following renunciation of
citizenship of UK etc) omit subsection (5);
in section 13 (resumption of British citizenship) omit subsection (4);
in section 17 (acquisition of British overseas territories citizenship by
registration: minors) omit subsection (7);
in section 18 (acquisition of British overseas territories citizenship by
naturalisation) omit subsection (4);
in section 22 (right to registration as British overseas territories citizen
replacing right to resume citizenship of UK etc) omit subsection (5);
in section 24 (renunciation and resumption of British overseas territories
citizenship) omit “Subject to sections 31, 33 and 36 of the Illegal
Migration Act 2023 (restriction of eligibility for citizenship etc),”;
in section 27 (registration of minors as British overseas citizens), in
subsection (1), omit “Subject to sections 31, 34 and 36 of the Illegal
Migration Act 2023 (restriction of eligibility for citizenship etc),”;
in section 32 (registration of minors as British subjects) omit “Subject
to sections 31, 35 and 36 of the Illegal Migration Act 2023 (restriction
of eligibility for citizenship etc),”.
In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention
by Secretary of State)—
in subsection (2O), for “to (2A)” substitute “and (2)”;
in subsection (2P) omit paragraph (b).
In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration
Acts”), omit paragraph (o).
Schedule 1 contains amendments of Part 5 of the Immigration and Asylum Act 1999 (immigration advisers and immigration service providers) and certain related amendments of other provision.
“(2)
A person (“P”) who is not detained in pursuance of the sentence or
order of a court may be detained under the authority of the Secretary of State—(a)
while the Secretary of State considers whether to make a
deportation order against P, and(b)
where the Secretary of State decides to make a deportation
order against P, pending the making of the deportation order.(2A)
Sub-paragraph (2) applies only if—
(a)
the Secretary of State has notified P in writing that the
Secretary of State is considering whether to make a deportation order against P, or(b)
where no notice has been given under paragraph (a), the
Secretary of State has notified P in writing that the Secretary of State has decided to make a deportation order against P.”
In sub-paragraph (3A), for “the deportation order” substitute “the decision
whether to make a deportation order, or the deportation order,”.
In sub-paragraph (3B), after “prevents” insert “the decision or”.
In sub-paragraph (3D), after “considers that” insert “the decision or”.
In subsection (7)—
in paragraph (c), for the words from “has decided” to the end of the is considering whether to make a deportation is considering whether section 32(5) of the UK has decided to make a deportation order, or has decided that section 32(5) of that Act
paragraph substitute “—
(i)
order,
(ii)
Borders Act 2007 (automatic deportation of
foreign criminals) applies,
(iii)
(iv)
applies;”, and
in paragraph (f)(ii), after “(c)(i)” insert “or (iii)”.
In subsection (8), in paragraph (c), for the words from “, when” to the end when C is notified of the matter mentioned in subsection if no such notification is given to C, when C is notified
of the paragraph substitute “—
(i)
(7)(c)(i) or (ii), or
(ii)
of the decision mentioned in subsection (7)(c)(iii) or
(iv);”.
In subsection (9)(c)—
“(zi)
the time when C is notified of the Secretary of
State’s decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C,”, and
in sub-paragraph (i), after “(7)(c)” insert “(iii) or (iv)”.
In paragraph (7)—
“(c)
any person (“C”) in respect of whom the Secretary of
State—(i)
is considering whether to make a deportation
order,(ii)
is considering whether section 32(5) of the UK
Borders Act 2007 (automatic deportation of foreign criminals) applies,(iii)
has decided to make a deportation order, or
(iv)
has decided that section 32(5) of that Act
applies;”, and
in sub-paragraph (g)(ii), after “(c)(i)” insert “or (iii)”.
In paragraph (11), in sub-paragraph (c), for the words from “, when” to the when C is notified of the matter mentioned in paragraph if no such notification is given to C, when C is notified
end of the sub-paragraph substitute “—
(i)
(7)(c)(i) or (ii), or
(ii)
of the decision mentioned in paragraph (7)(c)(iii) or
(iv);”.
In paragraph (12)(a)(iii)—
“(zaa)
the time when C is notified of the
Secretary of State’s decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C;”, and
in sub-paragraph (aa), for “(7)(c)(i)” substitute “(7)(c)(iii) or (iv)”.
In subsection (2)—
“(b)
in respect of whom the Secretary of State—
(i)
is considering whether to make a deportation
order under section 5(1) of that Act,(ii)
has decided to make such a deportation order,
or(iii)
has made such a deportation order, or”,
omit paragraph (c) and the “or” at the end of that paragraph, and
“(d)
in respect of whom the Secretary of State—
(i)
is considering whether section 32(5) of the UK
Borders Act 2007 (automatic deportation of foreign criminals) applies,(ii)
has decided that section 32(5) of that Act applies,
or(iii)
has made such a deportation order in accordance
with section 32(5) of that Act.”
“(4A)
The Secretary of State may give a direction as mentioned in subsection
(2)(b)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—(a)
the Secretary of State has notified the person in writing that
the Secretary of State is considering whether to make a deportation order under section 5(1) of the Immigration Act 1971 against the person, or(b)
where no notice has been given as mentioned in paragraph
(a), the Secretary of State has notified the person in writing that the Secretary of State has decided to make such a deportation order against the person.(4B)
The Secretary of State may give a direction as mentioned in subsection
(2)(d)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—(a)
the Secretary of State has notified the person in writing that
the Secretary of State is considering whether section 32(5) of the UK Borders Act 2007 applies in respect of the person, or(b)
where no notice has been given as mentioned in paragraph
(a), the Secretary of State has notified the person in writing that the Secretary of State has decided that section 32(5) of that Act applies in respect of the person.”
For the purposes of
this section
“relevant citizens’ rights” means the rights,
powers, liabilities, obligations, restrictions, remedies and procedures which—
are recognised and available in domestic law by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018 , and
are derived from—
Title 2 of Part 2 of the EEA EFTA separation agreement or Title
1 or 4 of Part 2 of that agreement so far as relating to Title 2
of
that Part
, or
Subsection (5) applies to a person (“P”) where—
P has leave to enter or remain in the United Kingdom granted by
virtue of residence scheme immigration rules,
the leave was granted to P on the basis of requirements which included
that P is a relevant national or is (or was) a family member of a person
who is (or was) a relevant national,
each of the requirements on the basis of which P’s leave was granted
was in fact met,
either—
in a case where P’s leave was not granted on the basis that P
is (or was) a joining family member of a relevant sponsor, P
was resident in the United Kingdom or the Islands immediately
before the end of the implementation period, or
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
the residency mentioned in paragraph (d) was not relevant residency.
For the purposes of subsection (2) —
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;
“joining family member” and “relevant sponsor” have the same
meaning as in residence scheme immigration rules;
a person is to be treated as resident in the United Kingdom or the
Islands immediately before the end of the implementation period even
if they were temporarily absent from the United Kingdom or the
Islands at that time if their absence was permitted for the purposes
of establishing or maintaining eligibility for leave under residence
scheme immigration rules;
“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.
In this section “relevant residency” means—
residency in accordance with Union law (within the meaning of the
withdrawal agreement),
residency in accordance with the EEA Agreement (within the meaning
of the EEA EFTA separation agreement), or
residency in accordance with the FMOPA (within the meaning of the
Swiss citizens’ rights agreement).
Relevant citizens' rights—
are capable of accruing and applying to a person to whom
this
subsection
applies notwithstanding that the residency mentioned in
subsection (2)
(d)
was not relevant residency, and
are to be enforced, allowed and followed accordingly.
Every enactment (including an enactment contained in this Act) is to be read
and has effect subject to
subsection (5)
.
In this section —
“
EEA EFTA separation agreement” has the same meaning as in the
European Union (Withdrawal Agreement) Act 2020
(see section 39(1)
of that Act);
“
enactment” has the same meaning as in the
European Union
(Withdrawal) Act 2018
(see section 20(1) of that Act);
“
the implementation period” has the same meaning as in the
European
Union (Withdrawal) Act 2018
(see section 1A(6) of that Act);
“
the Islands” means the Bailiwick of Guernsey, the Bailiwick of Jersey
or the Isle of Man;
“
residence scheme immigration rules” has the same meaning as in
Part
3
of the
European Union (Withdrawal Agreement) Act 2020
(see section
17 of that Act);
“
Swiss citizens’ rights agreement” has the same meaning as in the
European Union (Withdrawal Agreement) Act 2020
(see section 39(1)
of that Act);
“
withdrawal agreement” has the same meaning as in the
European Union
(Withdrawal Agreement) Act 2020
(see section 39(1) and (6) of that
Act).
In section 3(1)(c) (conditions which may be applied to limited leave to enter
or remain in the United Kingdom)—
omit the “and” at the end of sub-paragraph (iv), and
“(vi)
an electronic monitoring condition (see Schedule
1A);(vii)
a condition requiring the person to be at a
particular place between particular times, either on particular days or on any day;(viii)
a condition requiring the person to remain
within a particular area;(ix)
a condition prohibiting the person from being
in a particular area;(x)
such other conditions as the Secretary of State
thinks fit.”
“Schedule 1A Electronic monitoring conditions
1
For the purposes of section 3(1)(c)(vi), an “electronic monitoring
condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following—(a)
P’s location at specified times, during specified periods of
time or while the arrangements are in place;(b)
P’s presence in a location at specified times, during specified
periods of time or while the arrangements are in place;(c)
P’s absence from a location at specified times, during
specified periods of time or while the arrangements are in place.2
The arrangements may in particular—
(a)
require P to wear a device;
(b)
require P to make specified use of a device;
(c)
require P to communicate in a specified manner and at
specified times or during specified periods;(d)
involve the exercise of functions by persons other than the
Secretary of State.3
If the arrangements require P to wear, or make specified use of, a
device they must—(a)
prohibit P from causing or permitting damage to, or
interference with, the device, and(b)
prohibit P from taking or permitting action that would or
might prevent the effective operation of the device.4
An electronic monitoring condition may not be imposed on a person
unless the person is at least 18 years old.5
In this Schedule “specified” means specified in the arrangements.”
In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph a condition requiring the person to be at a particular place a condition requiring the person to remain within a particular a condition prohibiting the person from being in a particular
2(1) (conditions of bail), after paragraph (e) insert—
“(ea)
between particular times, either on particular days or on any
day;
(eb)
area;
(ec)
area;”.
In subsection (5)—
omit the “or” at the end of paragraph (d), and
“(f)
a person who is employed by a contractor in connection
with the discharge of the contractor’s duties under a short-term holding facility contract; or(g)
a person of a description specified in regulations made
by the Secretary of State.”
“(6A)
In this section—
(a)
“short-term holding facility” has the same meaning as in Part
8,(b)
“short-term holding facility contract” means a contract entered
into by the Secretary of State under section 149 as extended to short-term holding facilities by regulations under section 157(1), and(c)
“contractor”, in relation to a short-term holding facility which
is being run in accordance with a short-term holding facility contract, means the person who has contracted to run it.”
In subsection (12)—
in paragraph (b), for “or (e)” substitute “, (e) or (f)”, and
“(e)
if the authorised person is specified in regulations made
by the Secretary of State under subsection (5)(g), by a person, or a person of a description, specified in such regulations.”
Omit subsection (17).
In section 144(1) of the Immigration and Asylum Act 1999 (power to make
provision equivalent to sections 141 and 142 in relation to other biometric
information), after “142” insert “, or to provision made under section 141,”.
The Immigration, Asylum and Nationality Act 2006 is amended as follows.
In the italic heading before section 15, after “Employment” insert “and other
working arrangements”.
“14A Application of sections 15 to 24 to other working arrangements
(1)
In sections 15 to 24, a reference to a person employing another person
includes a reference to—(a)
a person (“person A”) engaging an individual (“individual A”)
under a worker’s contract,(b)
a person (“person B”) engaging an individual sub-contractor
(“individual B”), and(c)
an online matching service (“person C”) providing the details
of an individual who is a service provider (“individual C”) to potential clients or customers.(2)
Accordingly—
(a)
(b)
references in those sections to an employer include person A,
person B or person C;(c)
references in those sections to an employee include individual
A, individual B or individual C.(3)
In this section—
“
worker’s contract” means a contract, other than a contract of
service or apprenticeship, under which—(a)
individual A undertakes to do or perform personally
work or services for person A or another person (whether or not that other person is specified in the contract), and(b)
person A is neither a client nor customer of any
profession or business undertaking carried on by individual A;“
individual sub-contractor” means an individual (“individual B”)
who has entered into a contract with person B to provide work or services in circumstances where person B has entered into a contract with a third party to provide, or arrange for the provision of, the work or services but individual B has not;“
online matching service” means a person who, in the course of
a business—(a)
keeps a register of service providers for the purpose of
matching them with potential clients or customers,(b)
provides an online service by which potential clients or
customers can submit enquiries for the purpose of being matched with suitable service providers, and(c)
charges a fee or commission in return for making such
matches;“
service provider” means a person providing, or seeking to
provide, work or services for remuneration.(4)
Subsection (1) (a) , and subsection (2) so far as it has effect in
consequence of subsection (1) (a) , do not apply if and to the extent that—(a)
under the worker’s contract, individual A undertakes to do or
perform personally work or services for a person other than person A (whether or not that other person is specified in the contract), and(b)
the status of a person for whom individual A does or performs
work or services under the contract is that of a client or customer of a profession or business undertaking carried on by individual A.(5)
In this section a reference to a contract includes a contract that is
express or implied and (if it is express) whether oral or in writing.(6)
“15A Extension of liability under section 15
(1)
Subsection (4) applies where a person (“A”)—
(a)
employs an individual to provide work or services, or
(b)
is contracted to provide, or arrange for the provision of, work
or services and enters into a contract under which another person is to provide, or arrange for the provision of, the work or services (or part of the work or services).(2)
(3)
Subsection (4) also applies where—
(a)
a person (“A”) is an online matching service who provides the
details of another person who is a service provider to potential clients or customers, and(b)
as a result of being matched by person A, the service provider
enters into a contract with a client or customer for the provision of work or services.(4)
For the purposes of section 15, and where this would not otherwise
be the case, A is to be treated as employing any individual (“B”) who personally provides the work or services (or any part of the work or services), including where—(a)
A is not in a contractual relationship with B, or
(b)
A does not know that B is providing the work or services (or
part of the work or services).(5)
Subsection (4) applies where A is contracted to provide, or arrange
for the provision of, the work or services regardless of whether that contract is the first or any other contract in a chain of contracts to provide, or arrange for the provision of, the work or services (or part of the work or services).(6)
This section does not affect the liability of any other employer under
section 15.(7)
In sections 15, 16, 17, 23 and 24 a reference to a person employing
another person includes a reference to a person who is treated as doing so by virtue of subsection (4) ; and references in those sections to employment, employers and employees are to be construed accordingly.(8)
In this section “online matching service” and “service provider” have
the same meaning as in section 14A .”
In section 25—
in paragraph (b), at the beginning insert “subject to sections 14A and
15A,”,
in paragraph (b), omit from “whether” to the end of the paragraph,
and
“(ba)
a reference to a contract includes a contract that is
express or implied and (if it is express) whether oral or in writing,”.
After section 86 of the Nationality, Immigration and Asylum Act 2002 insert— This section applies on an appeal under section 82(1)(a) brought by a The Tribunal must, except where the Tribunal considers that it is not But subsection
(2)
does not apply or, as the case may be, ceases to
“86A
Timeframe for determination of appeal under section 82(1)(a) where
appellant is receiving accommodation support
(1)
person to whom, at the time the appeal is instituted, accommodation
is being provided under section 95 or 98 of the Immigration and
Asylum Act 1999.
(2)
reasonably practicable to do so, determine the appeal and give notice
of its determination to the parties before the end of the period of 24
weeks beginning with the day after that on which the appeal is
instituted.
(3)
apply, if the appeal must be brought, or must be continued, from
outside the United Kingdom.”
After section 86A of the Nationality, Immigration and Asylum Act 2002 (as This section applies on an appeal under section 82(1) where the appeal A person falls within this subsection if, at the time the appeal is not detained (whether under any provision of the has been convicted of an offence (whether in or outside the is liable to deportation under section 3(5)(a) of the Immigration The Tribunal must, except where the Tribunal considers that it is not But subsection
(3)
does not apply or, as the case may be, ceases to
inserted by section
46
) insert—
“86B
Timeframe for determination of appeal brought by certain
non-detained appellants liable to deportation
(1)
is brought by a person falling within subsection
(2)
.
(2)
mentioned in subsection
(1)
is instituted, the person—
(a)
Immigration Acts or otherwise),
(b)
United Kingdom), and
(c)
Act 1971 (Secretary of State deeming deportation conducive to
public good).
(3)
reasonably practicable to do so, determine the appeal and give notice
of its determination to the parties before the end of the period of 24
weeks beginning with the day after that on which the appeal is
instituted.
(4)
apply, if the appeal must be brought, or must be continued, from
outside the United Kingdom.”
In Schedule 2 to the Immigration (Citizens’ Rights Appeals) (EU Exit)
Regulations 2020 (S.I. 2020/61) (application of the 2002 Act to appeals to the
Tribunal)—
“(ba)
section 86B ;”;
In Schedule 2 to the Immigration (European Economic Area) Regulations 2016
Section
86B
of the 2002 Act (timeframe for determination of appeal But subsection
(3)
does not apply or, as the case may be,
(S.I. 2016/1052) (appeals to the First-tier Tribunal), as it continues to have
effect following its revocation, after paragraph 1 insert—
“1A
brought by certain non-detained appellants liable to deportation)
applies in relation to an appeal under these Regulations to the
First-tier Tribunal as it applies in relation to an appeal under section
82(1) of the 2002 Act but as if for subsection
(4)
there were
substituted—
“(4)
ceases to apply, if the appeal is brought, or is continued,
from outside the United Kingdom.”
Section 72 of the Nationality, Immigration and Asylum Act 2002 (construction
and application of Article 33(2) of Refugee Convention) is amended as follows.
“(5ZA)
A person is to be presumed to have been convicted by a final judgment
of a particularly serious crime if—(a)
the person is convicted in the United Kingdom of an offence
listed in Schedule 3 to the Sexual Offences Act 2003, and(b)
the person is not, by virtue of the conviction, a person falling
within subsection (2).(5ZB)
A person is to be presumed to have been convicted by a final judgment
of a particularly serious crime if—(a)
the person is convicted outside the United Kingdom of an
offence,(b)
the act constituting the offence would have constituted an
offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and(c)
the person is not, by virtue of the conviction, a person falling
within subsection (3).”
In subsection (8), after “(5A)” insert “or (5B)”.
A person commits an offence if the person possesses a relevant article in
circumstances which give rise to a reasonable suspicion that the relevant
article will be used in connection with any serious offence.
A person commits an offence if the person imports, makes, adapts, supplies
or offers to supply a relevant article in circumstances which give rise to a
reasonable suspicion that the relevant article will be used in connection with
any serious offence.
It is a defence for a person charged with an offence under this section to
show that the person did not intend or suspect that the relevant article would
be used in connection with any serious offence.
In proceedings for an offence under this section, if it is proved that a relevant
article—
was on any premises at the same time as the accused, or
was on premises of which the accused was the occupier or which the
accused habitually used otherwise than as a member of the public,
the court may assume that the accused possessed the relevant article, unless the accused shows that they did not know of its presence on the premises or that they had no control over it.
Subsection (6) applies where—
in accordance with subsection
(3)
, it is a defence for a person charged
with an offence to show a particular matter, or
in accordance with subsection
(4)
, a court may make an assumption
in relation to a person charged with an offence unless the person
shows a particular matter.
A person is regarded as having shown the matter if—
sufficient evidence of the matter is adduced to raise an issue with
respect to it, and
the contrary is not proved beyond reasonable doubt.
In this section—
“
relevant article” has the meaning given by
section 50
;
“
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.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or a fine not exceeding the statutory
maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine (or both).
In section 49 “relevant article” means any of the following—
a 3D printer firearms template;
an encapsulator;
a tablet press;
a vehicle concealment.
In this section—
“
3D printer firearms template” means any document that may be used
in conjunction with a 3D printer to produce any part of a firearm (as
defined by section 57 of the Firearms Act 1968 or, in Northern Ireland,
Article 2(2) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702
(N.I. 3)));
“
document” includes information recorded in any form;
“
encapsulator” includes any device that may be used to produce capsules;
“
tablet press” includes any device that may be used to produce tablets;
“
vehicle” has the meaning given by section 1(1) of the Customs and
Excise Management Act 1979;
“
vehicle concealment” means a compartment that—
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.
Before making regulations under subsection
(3)
, the Secretary of State must
consult—
the Scottish Ministers, and
the Department of Justice in Northern Ireland.
The Proceeds of Crime Act 2002 is amended as follows.
In Schedule 2 (criminal lifestyle offences in England and Wales)—
“Offences involving gangmasters”;
“Offences relating to things for use in serious crime
9B
An offence under section 49 of the Border Security, Asylum
and Immigration Act 2025 (articles for use in serious crime).”
In Schedule 4 (criminal lifestyle offences in Scotland), after paragraph 9F An offence under section
49
of the Border Security, Asylum and
insert—
“Offences relating to things for use in serious crime
9G
Immigration Act 2025 (articles for use in serious crime).”
In Schedule 5 (criminal lifestyle offences in Northern Ireland), after paragraph An offence under section
49
of the Border Security, Asylum and
9A insert—
“Offences relating to things for use in serious crime
9B
Immigration Act 2025 (articles for use in serious crime).”
The Serious Crime Act 2007 is amended as follows.
“Electronic monitoring requirements
5B Electronic monitoring requirements
(1)
A serious crime prevention order made by a court in England and
Wales may require an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order.(2)
A requirement imposed under subsection (1) is referred to in this Part
as an “electronic monitoring requirement”.(3)
A serious crime prevention order that includes an electronic monitoring
requirement must specify the person who is to be responsible for the monitoring.(4)
The person specified under subsection (3) (“the responsible person”)
must be of a description specified in regulations made by the Secretary of State.(5)
Where a serious crime prevention order imposes an electronic
monitoring requirement on a person, the person must (among other things)—(a)
submit, as required from time to time by the responsible person,
to—(i)
being fitted with, or the installation of, any necessary
apparatus, and(ii)
the inspection or repair of any apparatus fitted or
installed for the purpose of the monitoring;(b)
not interfere with, or with the working of, any apparatus fitted
or installed for the purpose of the monitoring;(c)
take any steps required by the responsible person for the
purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring.These obligations have effect as requirements of the order.
(6)
A serious crime prevention order may not provide for an electronic
monitoring requirement to have effect for more than 12 months (but this does not limit any power of a court to extend that period).5C Conditions for imposing electronic monitoring requirements
(1)
This section applies for the purpose of determining whether a court
may impose an electronic monitoring requirement on a person (“P”) under section 5B .(2)
The requirement may not be imposed in P’s absence.
(3)
If there is a person (other than P) without whose co-operation it would
be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.(4)
A court may impose the requirement in relation to a relevant police
area or areas only if—(a)
it has been notified by the Secretary of State that electronic
monitoring arrangements are available in the area or areas, and(b)
it is satisfied that the necessary provision can be made under
the arrangements currently available.(5)
For the purposes of subsection (4) —
“
relevant police area” means—(a)
the police area in England or Wales in which it appears
to the court that P resides or will reside, and(b)
in a case where it is proposed to include in the order—
(i)
a requirement that P must remain, for specified
periods, at a specified place, or(ii)
a provision prohibiting P from entering a
specified place or area,the police area in England or Wales in which the place or area proposed to be specified is situated;
“
specified” means specified in the order.5D Data from electronic monitoring: code of practice
(1)
The Secretary of State must issue a code of practice relating to the
processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by serious crime prevention orders.(2)
A failure to act in accordance with a code issued under this section
does not of itself make a person liable to any criminal or civil proceedings.”
“(9)
But, in the case of an order made by a court in England and Wales,
the High Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.”
“(8)
But, in the case of an order made by a court in England and Wales,
the Crown Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.”
In
section 21
(powers of Crown Court to vary or replace orders on breach), But, in the case of an order made by a court in England and Wales,
after
subsection (7)
insert—
“(7A)
the Crown Court in England and Wales may not extend the period
for which an electronic monitoring requirement has effect by more
than 12 months at a time.”
In section 89 (orders)—
in the heading, after “Orders” insert “and regulations”;
in each of subsections (1) and (2) , after “order” insert “or regulations”.
The Serious Crime Act 2007 is amended as follows.
“Interim serious crime prevention orders
5E Interim serious crime prevention orders
(1)
This section applies where—
(a)
an application to the High Court in England and Wales for a
serious crime prevention order has not been determined, or(b)
an application to the appropriate court in Scotland or the High
Court in Northern Ireland for a serious crime prevention order that is terrorism-related (see section 8A) has not been determined.(2)
The court may, if it considers it just to do so, make an interim serious
crime prevention order in relation to the person.(3)
An interim serious crime prevention order may contain such
prohibitions, restrictions or requirements, and such other terms, as the court considers appropriate to protect the public by preventing, restricting or disrupting involvement by the person in serious crime—(a)
in England and Wales, in the case of an order made by the
High Court in England and Wales;(b)
in Scotland, in the case of an order made by the appropriate
court in Scotland;(c)
in Northern Ireland, in the case of an order made by the High
Court in Northern Ireland.(4)
Sections 5 to 5D apply in relation to an interim serious crime
prevention order as they apply in relation to a serious crime prevention order.(5)
An interim serious crime prevention order in relation to a person may
be made only where the application for the order is made at the same time as, or after, the main application is made.(6)
In this Part—
“
interim serious crime prevention order” means an order under
this section;“
main application”, in relation to an interim serious crime
prevention order, means the application mentioned in subsection (1) .(7)
For the purposes of this Part references to the person who is the subject
of an interim serious crime prevention order are references to the person against whom the public is to be protected.5F Without notice applications
(1)
An application for an interim serious crime prevention order, or for
the variation of an interim serious crime prevention order, may be made without notice being given to the person against whom the order is to be made in circumstances where notice of the application is likely to prejudice the outcome sought by the applicant.(2)
Where the court makes an interim serious crime prevention order in
relation to a person (“P”) in a case where the application for the order was made without notice, the court must give P an opportunity to make representations about the order—(a)
as soon as reasonably practicable, and
(b)
at a hearing of which notice has been given to P in accordance
with rules of court.(3)
Where a person (whether P or another) makes an application for an
interim serious crime prevention order made without notice to be varied or discharged, the court may not dismiss the application unless the person has been given an opportunity to make representations about the order at a hearing of which notice has been given to the person in accordance with rules of court.”
“8AA Relevant applicant authority to apply for interim order
An interim serious crime prevention order may be made only on an application by the relevant applicant authority (see section 10) in relation to the main application.”
“10A Notice requirements in relation to interim orders
(1)
A person who is the subject of an interim serious crime prevention
order (“P”) is bound by it or a variation of it only if—(a)
P is represented (whether in person or otherwise) at the
proceedings at which the order or (as the case may be) variation is made, or(2)
The notice must be served on P—
(a)
as soon as reasonably practicable after the order or variation
is made, and in any event no later than the end of the period of 7 days beginning with the day on which the order or variation is made;(b)
by delivering it to P in person, unless the court provides
otherwise under subsection (4) .(3)
For the purposes of delivering such a notice to P in person, a constable
or a person authorised for the purpose by the relevant applicant authority may (if necessary by force)—(a)
enter any premises where the constable or authorised person
has reasonable grounds for believing P to be, and(b)
search those premises for P.
(4)
Where it has not been possible to deliver the notice to P in person,
the notice may be served on P using such other method of service as the court may allow.”
“(4A)
An interim serious crime prevention order ceases to be in force—
(a)
on the date or dates specified in the order, or
(b)
if earlier, on the determination of the main application.”
In
section 25
(1)
(offence of failing to comply with order), after “order” insert
“or an interim serious crime prevention order”.
Schedule 2 contains related amendments to the Serious Crime Act 2007 .
The Serious Crime Act 2007 is amended as follows.
“8 Limited class of applicants for making of orders
(1)
A serious crime prevention order may be made by the High Court in
England and Wales—(a)
only on an application by—
(i)
the Director of Public Prosecutions,
(ii)
the Director of the Serious Fraud Office,
(iii)
the Director General of the National Crime Agency,
(iv)
the Commissioners for His Majesty’s Revenue and
Customs,(v)
the chief officer of police of a police force in England
and Wales,(vi)
the Chief Constable of the British Transport Police Force,
or(vii)
the Chief Constable of the Ministry of Defence Police,
and(2)
A serious crime prevention order may be made by the Crown Court
in England and Wales—(a)
only on an application by—
(i)
the Director of Public Prosecutions,
(ii)
the Director of the Serious Fraud Office, or
(iii)
the chief officer of police of a police force in England
and Wales, and(b)
in the case of an application by the chief officer of police of
such a police force, only if—(i)
it is an application for an order under section 19 or 19A that is terrorism-related (see section 8A), and
(ii)
the chief officer has consulted the Director of Public
Prosecutions.(3)
A serious crime prevention order may be made by a court or sheriff
in Scotland—(a)
only on an application by—
(i)
the Lord Advocate, or
(ii)
the chief constable of the Police Service of Scotland, and
(b)
in the case of an application by the chief constable, only if—
(i)
it is an application for an order under section 1 that is
terrorism-related (see section 8A),(ii)
the chief constable has consulted the Lord Advocate,
and(iii)
it is an application made to the Court of Session (and
not to the sheriff).(4)
A serious crime prevention order may be made by a court in Northern
Ireland—(a)
only on an application by—
(i)
the Director of Public Prosecutions for Northern Ireland,
or(ii)
the Chief Constable of the Police Service of Northern
Ireland, and(b)
in the case of an application by the Chief Constable, only if—
(i)
it is an application for an order under section 1 that is
terrorism-related (see section 8A), and(ii)
the Chief Constable has consulted the Director of Public
Prosecutions for Northern Ireland.”
In section 10 (4) (a) (notice requirements: England and Wales)—
omit sub-paragraphs (i) and (iii) ;
“(v)
in any other case, the person who applied for
the order;”.
In section 27 (power to wind up companies: England and Wales)—
“(1A)
A person mentioned in section 8 (1) (a) (iii) to (vii) may present
a petition to the court for the winding up of a company, partnership or relevant body if—(a)
the company, partnership or relevant body has been
convicted of an offence under section 25 in relation to a serious crime prevention order or an interim serious crime prevention order made on an application by a person of the same description, and(b)
the person considers that it would be in the public
interest for the company, partnership or (as the case may be) relevant body to be wound up.”;
in
subsection (3)
, for the words from “the Director of Public
Prosecutions” to the end substitute “a person who is authorised to
present a petition in accordance with subsection (1) or
(1A)
”;
in
subsection (12)
omit the definition of “police-initiated serious crime
prevention order”.
In Schedule 2 (functions of applicant authorities)—
“Director General of the National Crime Agency
15ZA
The functions of the Director General of the National Crime
Agency under this Part are—(a)
to have the conduct of applications for serious crime
prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,(b)
to appear on any application made under section 17
or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,(c)
to have the conduct of, or (as the case may be) appear
in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise),(d)
to give advice in connection with any proceedings
or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders, andCommissioners for His Majesty’s Revenue and Customs
15ZB
The functions of the Commissioners for His Majesty’s
Revenue and Customs under this Part are—(a)
to have the conduct of applications for serious crime
prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,(b)
to appear on any application made under section 17
or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,(c)
to have the conduct of, or (as the case may be) appear
in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise),(d)
to give advice in connection with any proceedings
or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders, and
in paragraph 15A —
in paragraphs (a) , (c) and (d) omit “that are terrorism-related”;
in paragraph (b) omit “that is terrorism-related”;
“Chief Constable of British Transport Police Force
15BA
The functions of the Chief Constable of the British Transport
Police Force under this Part are—(a)
to have the conduct of applications for serious crime
prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,(b)
to appear on any application made under section 17
or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,(c)
to have the conduct of, or (as the case may be) appear
in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales (whether proceedings on appeal, by virtue of section 27 or otherwise),(d)
to give advice in connection with any proceedings
or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales, and15BB
(1)
The Chief Constable of the British Transport Police Force
may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the British Transport Police Force of at least the rank of superintendent.(2)
References in this Part to the Chief Constable of the British
Transport Police Force are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1) , as references to the Chief Constable or any member of the British Transport Police Force of at least the rank of superintendent.Chief Constable of the Ministry of Defence Police
15BC
The functions of the Chief Constable of the Ministry of
Defence Police under this Part are—(a)
to have the conduct of applications for serious crime
prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,(b)
to appear on any application made under section 17
or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,(c)
to have the conduct of, or (as the case may be) appear
in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales (whether proceedings on appeal, by virtue of section 27 or otherwise),(d)
to give advice in connection with any proceedings
or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales, and15BD
(1)
The Chief Constable of the Ministry of Defence Police may,
to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the Ministry of Defence Police of at least the rank of superintendent.(2)
References in this Part to the Chief Constable of the Ministry
of Defence Police are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1) , as references to the Chief Constable or any member of the Ministry of Defence Police of at least the rank of superintendent.”
The Serious Crime Act 2007 is amended as follows.
“Notification requirements: England and Wales
15A Notification requirements: England and Wales
(1)
Schedule 1A contains provision about notifications to be given by a
person who is subject to a serious crime prevention order in England and Wales (a “relevant order”).(2)
A relevant order—
(a)
(b)
may make provision about how a notification under Schedule 1A is to be given (including provision requiring a person to
give a notification in person or otherwise).(3)
“Schedule 1A Relevant orders: notification requirements
Notification requirements for persons other than individuals
1
(1)
Where a person other than an individual is subject to a relevant
order that person (“P”) must, within the period of three days beginning with the first day on which any provision of the order comes into force, notify the specified person of the name of an authorised individual.(2)
In this paragraph “authorised individual” means an individual
who—(a)
is authorised by P to communicate with the specified person
in relation to P’s compliance with the order, and(b)
has consented to act in that capacity.
(3)
P may, at any time after notifying the specified person of the name
of an authorised individual under this paragraph, notify the specified person of the name of a replacement authorised individual.(4)
Where an individual whose name is notified by P under this
paragraph ceases to be an authorised individual P must, within the period of 28 days beginning with the day on which the individual ceases to be an authorised individual, notify the specified person of the name of a replacement authorised individual.Notification requirements for individuals
2
(1)
An individual who is subject to a relevant order must, within the
period of three days beginning with the first day on which any of the provisions of the order comes into force, notify the specified person of the notifiable information relating to the individual.(2)
If there is a change in any of the notifiable information relating to
an individual who has given a notification under this paragraph the individual must, within the period of three days beginning with the day on which the change occurs, notify the specified person of the change.(3)
(4)
If the earlier order ceases to be in force on a day on which the later
order remains in force, the reference in sub-paragraph (1) to the first day on which any of the provisions of the order comes into force is to be read as a reference to that day.(5)
In this paragraph “the notifiable information” relating to an
individual means—(a)
their name and, if they use one or more other names, each
of those names;(b)
the address of their sole or main residence in the United
Kingdom and the address of any other premises in the United Kingdom at which they regularly reside or stay;(c)
each of their telephone numbers and email addresses (if
any);(d)
any name which they use to access a social media service
or the function of which is to identify the user of such a service;(e)
any name—
(i)
which they use to access a video game that is a
user-to-user service or that is available as part of a user-to-user service, or(ii)
the function of which is to identify them as the user
of such a game;(f)
identifying information relating to any motor vehicle of
which they are the registered keeper, or which they have a right to use (whether routinely or on specific occasions or for specific purposes);(g)
specified financial information;
(h)
specified information about identification documents;
(i)
the name and address of each of their employers (if any);
(j)
any information of a description specified in regulations
made by the Secretary of State.(6)
For the purposes of sub-paragraph (5) —
(a)
where the individual does not have a sole or main residence
in the United Kingdom, paragraph (b) of that sub-paragraph is to be read as if it refers to the address or location of a place in the United Kingdom where they can regularly be found (and, if there is more than one such place, the address or location of each of those places);(b)
“social media service” means an online service that meets
the following conditions—(i)
the main purpose, or one of the main purposes, of
the service is to promote interaction between users (including interaction between users and user-generated content), and(ii)
making content generated by users available to other
users is a significant feature of the service;(c)
“specified financial information” means the information
specified in paragraph 1 (1) (a) and (b) of Schedule 3A to the Counter-Terrorism Act 2008 ;(d)
“specified information about identification documents” means
the information specified in paragraph 2 (a) and (b) of that
Schedule ;(e)
“user-to-user service” has the meaning given by section 3 of
the Online Safety Act 2023 .Offences
3
(1)
(2)
A person guilty of an offence under sub-paragraph (1) is liable on
summary conviction to a fine.(3)
A person commits an offence under the law of England and Wales
if the person—(a)
fails, without reasonable excuse, to comply with a
requirement imposed by paragraph 2 ;(b)
gives a notification, in purported compliance with such a
requirement, of any information which the person knows to be false.(4)
A person guilty of an offence under sub-paragraph (3) is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court or a fine, or both;(b)
on conviction on indictment, to imprisonment for a term not
exceeding 5 years or a fine, or both.”
In
section 10
(notice requirements in relation to orders), after
subsection (1)
insert— For the purposes of subsection (1)(b) and sections 30(1), 31(4) and
“(1A)
32(3), the requirements imposed on a person by
Schedule 1A
are to
be treated as terms of the order.”
In each of the following sections, after “section 25” insert “or Schedule 1A ”—
section 31 (5) , (7) and (8) ;
section 32 (4) , (6) and (7) .
In
section 43
(index of defined expressions), in the appropriate place insert
the following—
“(3)
A statutory instrument containing an order or regulations under any
of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—section 4(4);
section 49(6);
section 63(3);
section 69;
section 90;
paragraph 2 (5) (j) of Schedule 1A ;
paragraph 102 of Schedule 8.”
The Serious Crime Act 2007 is amended as follows.
“19A Orders by Crown Court on acquittal or when allowing an appeal
(1)
The Crown Court in England and Wales may make an order under
this section in relation to a person who is acquitted of an offence by or before the court, or where the court allows a person’s appeal against a conviction for an offence, if—(a)
the court is satisfied that the person has been involved in
serious crime (whether in England and Wales or elsewhere), and(b)
the court has reasonable grounds to believe that the order
would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.(2)
A court that makes an order by virtue of subsection (1) in the case of
a person who is already the subject of a serious crime prevention order, or an interim serious crime prevention order, in England and Wales must discharge the existing order.(3)
An order under this section may contain—
(a)
such prohibitions, restrictions or requirements, and
(b)
such other terms,
as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales.
(4)
The powers of the court in respect of an order under this section are
subject to sections 6 to 15 (safeguards).(5)
An order under this section is also called a serious crime prevention
order.”
omit the “or” at the end of paragraph (b) ;
“(ba)
an order under section 19A (corresponding order of the
Crown Court on acquittal or when allowing an appeal); or”.
In section 22 (3) —
after “section 19” insert “or 19A ”;
after “offence” insert “, acquittal or determination of an appeal”.
In section 36 (1) , after “section 19,” insert “ 19A ,”.
In section 39 (6) , after “section 19(2), (4) and (5),” insert “ 19A (1) ,”.
A fee charged at any time before the day on which this Act is passed by a
person to whom this section applies is taken to have been lawfully charged
if condition A, B or C is met.
Condition A is that the fee was charged in connection with services relating
to the comparability, recognition or assessment for immigration or nationality
purposes of a UK qualification or a non-UK qualification.
Condition B is that the fee was charged in connection with services relating
to the comparability, recognition or assessment of a non-UK qualification
obtained by a person where—
the person was employed or seeking employment with an early years
provider within the meaning of Part 3 of the Childcare Act 2006, and
the status of the person’s non-UK qualification was relevant to the
welfare requirements imposed on early years providers under section
39(1)(b) of that Act.
Condition C is that the fee was charged in connection with—
the provision of a service pursuant to an international agreement or
arrangement requiring services to be provided relating to—
the comparability, recognition or assessment of UK
qualifications or non-UK qualifications, or
the provision of information or advice about such qualifications
or the systems for awarding them, or
any associated services provided by a person providing services
mentioned in paragraph
(a)
.
This section applies to—
the Secretary of State, and
a person other than the Secretary of State who charged the fee pursuant
to arrangements between that person and the Secretary of State.
In this section—
“
fee” includes charge;
“
non-UK qualification” means a qualification issued by a body located
outside the United Kingdom;
“
UK qualification” means a qualification issued by a body located in the
United Kingdom.
This section binds the Crown.
The following are to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by a Minister
of the Crown, a person holding office under His Majesty or by a
government department, and
any increase attributable to the Act in the sums payable under or by
virtue of any other Act out of money so provided.
The Secretary of State may by regulations make provision that is consequential
on this Act.
Regulations under subsection
(1)
may, in particular, amend, repeal or revoke
any enactment passed or made before, or in the same Session as, this Act.
In subsection (2) “enactment” includes—
an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act
of the Scottish Parliament;
an enactment contained in, or in an instrument made under, a Measure
or Act of Senedd Cymru;
an enactment contained in, or in an instrument made under, Northern
Ireland legislation.
A power to make regulations under any provision of this Act includes power
to make—
consequential, supplementary, incidental, transitional or saving
provision;
different provision for different purposes or areas.
Regulations under this Act are to be made by statutory instrument.
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—
Any other statutory instrument containing regulations under this Act is subject
to annulment in pursuance of a resolution of either House of Parliament.
This section does not apply to regulations under section 62 .
In this section “primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of Senedd Cymru, or
Northern Ireland legislation.
This Act extends to England and Wales, Scotland and Northern Ireland, subject
to subsection
(2)
.
An amendment or repeal made by this Act has the same extent within the
United Kingdom as the provision amended or repealed.
The following provisions also extend to the Channel Islands and the Isle of
Man and the British overseas territories—
Those provisions are—
section 36 of the Immigration Act 1971,
section 170(7) of the Immigration and Asylum Act 1999,
section 163(4) of the Nationality, Immigration and Asylum Act 2002,
section 63(3) of the Immigration, Asylum and Nationality Act 2006,
section 60(4) of the UK Borders Act 2007, and
section 95(5) of the Immigration Act 2016.
Different days may be appointed for different purposes or areas.
The following provisions come into force on the day on which this Act is
passed—
this Part;
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.
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.
The power to make regulations under subsection
(5)
includes power to make
different provision for different purposes or areas.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Border Security, Asylum and Immigration Act 2025.
The Immigration and Asylum Act 1999 is amended as follows.
“(4)
The Secretary of State may by regulations amend the definition of
“relevant matters” in subsection (1).(5)
Regulations under subsection (4) may make consequential
amendments to this section.”
In section 166(5) (regulations subject to the affirmative procedure), after section 82
(4)
,”.
paragraph (c) insert—
“(cza)
Section 87 (appeals to First-tier Tribunal) is amended as follows.
“(3AA)
Subsection (3A) does not apply in relation to a decision to cancel a
person’s registration under paragraph 4A(e) of Schedule 6 if condition A or B is met.(3AB)
Condition A is that the Commissioner notifies the person to whom
the decision relates (“the relevant person”) in writing that—(a)
the Commissioner considers that the relevant person is acting
or has acted in a way which—(i)
creates a risk of serious harm to persons seeking
immigration advice or immigration services, or(ii)
creates a risk of serious harm to the system of
immigration control in the United Kingdom, and(b)
accordingly, the decision to cancel the relevant person’s
registration has effect from the time specified in the notice and while the period mentioned in subsection (3A) is running.(3AC)
Condition B is that the person’s registration has been cancelled
wholly or partly on the basis that the person has been convicted of—(a)
an offence involving dishonesty or deception, or
(b)
an indictable offence.”
“(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) .”
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).”
“(4A)
For the purposes of this section, conduct creates a risk of serious
harm to the system of immigration control in the United Kingdom if, in particular, it involves—(a)
abuse of a procedure operating in the United Kingdom in
connection with immigration or asylum (including any appellate or other judicial procedure), or(b)
advice to any person to do something which would amount
to such an abuse.”
Schedule 6 (registration) is amended as follows.
Before paragraph 4B (but after the italic heading before that paragraph) The Commissioner may, by notice in writing to a registered the Commissioner has reason to suspect that the registered creates a risk of serious harm to persons seeking creates a risk of serious harm to the system of accordingly, the Commissioner considers it is necessary The Commissioner— may, by notice in writing to a person whose registration If a person’s registration has been suspended under sub-paragraph
(1)
, the Commissioner must consider whether the suspension before the end of the period of 7 working days beginning before the end of each subsequent period of 7 working A person whose registration is suspended under sub-paragraph
(1)
may appeal to the First-tier Tribunal against the suspension. For the purposes of this paragraph, conduct creates a risk of abuse of a procedure operating in the United Kingdom advice to any person to do something which would In this paragraph “working day” means a day other than a
insert—
“4AA
(1)
person, suspend the person’s registration from the time specified
in the notice if—
(a)
person is acting or has acted in a way which—
(i)
immigration advice or immigration services, or
(ii)
immigration control in the United Kingdom, and
(b)
to suspend the person’s registration.
(2)
(a)
has been suspended under sub-paragraph
(1)
, cancel the
suspension of the person’s registration, and
(3)
should be cancelled—
(a)
with the working day after the day on which the
Commissioner issued the notice of the suspension, and
(b)
days.
(4)
(5)
serious harm to the system of immigration control in the United
Kingdom if, in particular, it involves—
(a)
in connection with immigration or asylum (including any
appellate or other judicial procedure), or
(b)
amount to such an abuse.
(6)
Saturday, a Sunday, Christmas Day, Good Friday or a bank
holiday under the Banking and Financial Dealings Act 1971 in
any part of the United Kingdom.”
In paragraph 4B—
“(1)
The Commissioner may, by notice in writing to a
registered person, suspend the person’s registration from the time specified in the notice if the person is charged with—(a)
an offence involving dishonesty or deception,
(b)
an indictable offence, or
(c)
an offence under section 25 or 26(1)(d) or (g) of
the 1971 Act.(1A)
The Commissioner may, by notice in writing to a person
whose registration has been suspended under sub-paragraph (1) , cancel the suspension of the person’s registration.(1B)
A person whose registration is suspended under
sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension.”,
in sub-paragraph (2), in the opening words, for “The suspension”
substitute “Otherwise, the suspension under sub-paragraph
(1)
”,
and
omit sub-paragraphs (5) to (7).
“4C
(1)
A person whose registration is suspended under paragraph 4AA
or 4B is not to be treated as a registered person for the purposes of section 84 (but is to be treated as a registered person for the purposes of the other provisions of this Part).(2)
Where a person’s registration is suspended under paragraph 4AA
or 4B the Commissioner must as soon as reasonably practicable record the suspension in the register.(3)
Where a suspension under paragraph 4AA or 4B ceases to have
effect (and the person’s registration is not cancelled) the Commissioner must as soon as reasonably practicable remove the record of suspension from the register.”
In section 84 (provision of immigration services), after subsection (3B) A person’s entitlement to provide immigration advice or immigration
insert—
“(3C)
services by virtue of subsection (2)(e) is subject to section 84A and
regulations under section 84B.”
“84A Limitations on acting under supervision: sanctions under this Part
(1)
A person (“P”) is not entitled to provide immigration advice or
immigration services by virtue of section 84(2)(e) (persons acting under supervision) if—(a)
P is disqualified under paragraph 4 of Schedule 6 (conviction
of certain immigration offences) for registration under paragraph 2 of that Schedule or continued registration under paragraph 3 of that Schedule,(b)
P’s registration is suspended under paragraph 4AA of
Schedule 6 (suspension on grounds of risk of serious harm), or(c)
P’s registration is suspended under paragraph 4B of Schedule
6 (suspension of persons charged with particular offences).(2)
A person (“P”) is not entitled to provide immigration advice or
immigration services by virtue of section 84(2)(e) during the relevant period if—(a)
P’s registration has been cancelled under paragraph 4A(e)
of Schedule 6 (cancellation for lack of competence etc), and(b)
the cancellation took effect before the end of the period
mentioned in subsection (3A) of section 87 because condition A in subsection (3AB) of that section (risk of serious harm) was met in relation to P.(3)
In subsection (2) “the relevant period” means the period of 12
months beginning with the time specified in the notice under section 87(3AB) as the time at which the decision to cancel P’s registration had effect.(4)
Subsection (2) does not apply if—
(a)
the Commissioner decides to register P or to continue P’s
registration, or(b)
the cancellation of P’s registration is overturned on appeal
(unless the cancellation is subsequently reinstated as a result of a further appeal).(5)
A person (“P”) is not entitled to provide immigration advice or
immigration services by virtue of section 84(2)(e) if—(a)
P’s registration has been cancelled under paragraph 4A(e)
of Schedule 6, and(b)
the cancellation took effect before the end of the period
mentioned in subsection (3A) of section 87 because condition B in subsection (3AC) of that section (conviction of particular offences) was met in relation to P.(6)
Subsection (5) does not apply if—
(a)
P’s conviction of the offence mentioned in section 87(3AC)
is quashed or set aside,(b)
the Commissioner decides to register P or to continue P’s
registration, or(c)
the cancellation of P’s registration is overturned on appeal
(unless the cancellation is subsequently reinstated as a result of a further appeal).(7)
A person (“P”) other than a person to whom subsection (1) , (2) or (5) applies is not entitled to provide immigration advice or
immigration services by virtue of section 84(2)(e) if—(a)
subsection (8) applied to P when P entered into the
arrangement for supervision, and(b)
P did not inform the person by whom P was to be supervised
of that fact before entering into that arrangement.(8)
This subsection applies to P if—
(a)
P is or has previously been subject to a direction by the
First-tier Tribunal under section 89(2A)(a) (directions in connection with registration),(b)
P is or has previously been subject to a direction by the
First-tier Tribunal under section 89(8)(a) (restrictions on provision of immigration advice or immigration services),(c)
P has previously been subject to a direction by the First-tier
Tribunal under section 89(8)(b) (suspension from provision of immigration advice or immigration services),(d)
P is or has previously been subject to an order made by a
disciplinary body under section 90(1)(a) (restrictions on provision of immigration advice or immigration services),(e)
P has previously been subject to an order made by a
disciplinary body under section 90(1)(b) (suspension from provision of immigration advice or immigration services),(f)
P has at any time been given a penalty notice under section
92C (power to impose monetary penalties),(g)
P’s registration has at any time been cancelled under
paragraph 6(3)(a) of Schedule 5 (failure to assist with investigation),(h)
P’s registration has at any time been cancelled under
paragraph 10A(7) or (8) of Schedule 5 (failure to allow access to premises etc),(i)
P’s registration has at any time been cancelled under
paragraph 4A(d) or (e) of Schedule 6 (cancellation following direction by First-tier Tribunal or for lack of competence etc),(j)
P’s registration has previously been suspended under
paragraph 4AA of Schedule 6, or(k)
P’s registration has previously been suspended under
paragraph 4B of Schedule 6.(9)
Subsection (7) does not apply if, before the time mentioned in
subsection (7) (a) , the direction, order, penalty, cancellation or suspension referred to in subsection (8) —(a)
had been reversed, cancelled or quashed,
(b)
had been overturned on appeal (and had not subsequently
been reinstated as a result of a further appeal), or(c)
in the case of suspension under paragraph 4B of Schedule
6, had ceased to have effect by virtue of sub-paragraph (2) of that paragraph.84B Limitations on acting under supervision: other sanctions
(1)
The Secretary of State may by regulations provide that a person is
not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where—(a)
the person is subject to a professional sanction of a kind
specified in the regulations, or(b)
in the circumstances specified in the regulations, the person
is disqualified or suspended from practice as a member of a relevant profession.(2)
The Secretary of State may by regulations provide that a person
(“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where—(a)
when P entered into the arrangement for supervision—
(i)
P was or had previously been subject to a professional
sanction of a kind specified in the regulations, or(ii)
in the circumstances specified in the regulations, P
was or had previously been disqualified or suspended from practice as a member of a relevant profession, and(b)
P did not inform the person by whom P was to be supervised
of that fact before entering into the arrangement for supervision.(3)
In this section—
“
professional sanction” means an order, direction or decision
which is imposed, given or made by, or other action which is taken by—(a)
a designated professional body,
(b)
a designated qualifying regulator,
(c)
a relevant disciplinary body,
(d)
an Inn of Court, or
(e)
a judge, court or tribunal in the exercise of a function
in relation to the provision of legal services;“
relevant disciplinary body” means a body established wholly
or partly for the purpose of exercising disciplinary functions in relation to—(a)
members of a designated professional body, or
(b)
persons regulated by a designated qualifying
regulator;“
relevant profession” means a profession which is regulated
by a designated professional body or a designated qualifying regulator.”
“92C Power to impose monetary penalties
(1)
The Commissioner may give a relevant person a penalty notice if
the Commissioner is satisfied on the balance of probabilities that the relevant person—(a)
has failed to comply with—
(i)
the duty imposed on the person by paragraph 3(4)
of Schedule 5 (duty to comply with Code of Standards) or paragraph 6(2) of that Schedule (duty to assist with investigation of complaint), or(ii)
any other requirement imposed on the person by or
under this Part, or(b)
has, without reasonable excuse, obstructed the Commissioner
in the exercise of the Commissioner’s functions under paragraph 4A of Schedule 5 (power to carry out inspections).(2)
In this section “relevant person”, in relation to the giving of a penalty
notice, means a person who was a registered person at the time of the act or omission in relation to which the notice is given.(3)
A penalty notice is a notice requiring the person to whom it is given
to pay to the Commissioner—(a)
an amount specified in regulations made by the Secretary
of State (a “fixed penalty notice”), or(b)
an amount specified by the Commissioner in the notice (a
“variable penalty notice”).(4)
The Commissioner may give a person who is not a relevant person
a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has failed to comply with the duty imposed on the person by paragraph 6(2) of Schedule 5.(5)
The Commissioner may give an unqualified person a penalty notice
if the Commissioner is satisfied on the balance of probabilities that the person has committed an offence under section 91 or 92B.(6)
In subsection (5) “unqualified person”, in relation to the giving of
a penalty notice, means a person who was not a qualified person at the time of the act or omission in relation to which the notice is given.(7)
An amount specified in regulations under subsection (3) (a) , and the
amount specified in a variable penalty notice, must not exceed—(a)
in the case of a penalty imposed on a person under
subsection (5) in relation to the commission of an offence under section 92B, the maximum amount of the fine that could be imposed on the person on summary conviction for the offence;(b)
in any other case, £15,000.
(8)
(9)
“
penalty notice” means a notice under this section;“
fixed penalty notice” and “variable penalty notice” have the
meanings given by subsection (3) .92D Procedure for imposing penalties
(1)
Before giving a penalty notice to a person the Commissioner must
notify the person of the Commissioner’s intention to do so.(2)
The notice under subsection (1) must—
(a)
specify the proposed amount of the penalty,
(b)
specify the Commissioner’s reasons for proposing to impose
the penalty,(c)
specify the period during which the person may make
representations about the proposal (“the specified period”), and(d)
specify the way in which those representations may be made.
(3)
The specified period must not be less than 28 days beginning with
the date on which the notice under subsection (1) is given.(4)
The Commissioner must have regard to any representations made
by a person during the specified period in deciding—(a)
whether to give a penalty notice to the person, and
(b)
if the Commissioner decides to give a variable penalty notice
to the person, the amount of the penalty specified in the notice.(5)
Where the Commissioner gives a penalty notice to a person, the
notice must specify—(a)
the amount of the penalty, and
(b)
the period within which the penalty must be paid (“the
payment period”).(6)
The penalty notice must also contain information as to—
(a)
the grounds for the penalty,
(b)
how payment may be made,
(c)
the details of any early payment discount or late payment
penalty included by virtue of subsection (7) ,(d)
the consequences of non-payment,
(e)
rights of appeal, and
(f)
the period within which an appeal may be made.
(7)
The penalty notice may include provision for the amount payable
under the notice—(a)
to reduce in the event of early payment;
(b)
to increase in the event of payment after the end of the
payment period.92E Appeals against penalties
(1)
A person to whom a penalty notice has been given may appeal to
the First-tier Tribunal against—(a)
the decision to give the person a penalty notice;
(b)
where the notice given is a variable penalty notice, the
amount of the penalty specified in the notice.(2)
On an appeal under this section, the Tribunal may—
(a)
cancel the penalty,
(b)
confirm the requirement to pay the penalty, or
(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)
(5)
(6)
(a)
starting when the appeal is brought, and
(b)
ending when the appeal is finally determined, abandoned
or withdrawn.92F Enforcement of penalty notices
(1)
This section applies if a person who is liable to pay an amount to
the Commissioner under a penalty notice has not paid the whole or any part of that amount when it is required to be paid.(2)
In England and Wales the Commissioner may recover the unpaid
amount on the order of the county court as if it were payable under an order of that court.(3)
In Scotland payment of the unpaid amount may be enforced in the
same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.(4)
In Northern Ireland the Commissioner may recover the unpaid
amount on the order of a county court as if it were payable under an order of that court.92G Guidance about penalties
(1)
The Commissioner must prepare and publish guidance about the
Commissioner’s use of the power to give a penalty notice.(2)
The guidance must, in particular, include information as to—
(a)
the circumstances in which the Commissioner is likely to
give—(i)
a fixed penalty notice, or
(ii)
a variable penalty notice, and
(b)
in the case of a variable penalty notice, the matters to which
the Commissioner has regard in determining the amount of the penalty.(3)
The Commissioner—
(a)
must from time to time review the guidance, and
(b)
may revise and republish the guidance following a review.
(4)
Before preparing or revising guidance under this section, the
Commissioner must consult such persons as the Commissioner considers appropriate.92H Penalties imposed in relation to commission of offence: convictions
A person who is required to pay a penalty under a penalty notice given under section 92C (5) (penalty in respect of offence under section 91 or 92B) may not at any time be convicted of an offence under section 91 or, as the case may be, 92B in respect of the act or omission in relation to which the notice was given.”
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”.
Schedule 5 is amended as follows.
In paragraph 6(3) (investigations under the complaints scheme), after
“(See also section
92C
(which confers a power to impose monetary penalties
for breaching the duty imposed by paragraph 6(2)).)”
paragraph (c) (and on a new line) insert—
In paragraph 9(1) (determination of complaints), after paragraph
(f)
(as
“(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).)”
inserted by paragraph
14
(4)
) (and on a new line) insert—
“93A Fees
(1)
The Secretary of State may by order provide for fees to be charged
by the Commissioner in respect of the exercise of the Commissioner’s functions.(2)
The order may, in particular, make provision—
(a)
for fees (including fees for the taking of examinations) to be
charged in respect of the assessment of a person’s competence to provide immigration advice or immigration services;(b)
for fees to be charged in respect of a person’s registration
or continued registration;(c)
for fees to be charged for making changes to a person’s
registration;(d)
for fees to be charged in respect of the provision by the
Commissioner of training for persons providing or seeking to provide immigration advice or immigration services;(e)
for fees to be charged in respect of the provision by the
Commissioner of, or of access to, training or other material for such persons;(f)
for fees to be charged in respect of the provision by the
Commissioner of events for such persons;(g)
for fees to be charged in respect of the accreditation by the
Commissioner of training or events for such persons;(h)
for fees to be charged in respect of the provision of advice
by the Commissioner;(i)
for, and in connection with, requiring or authorising the
Commissioner to waive all or part of a fee in particular cases.(3)
The order may result in the charging of a fee in respect of the
exercise of a function in a particular case which exceeds the costs of exercising the function in that case.(4)
But in specifying the amount of a fee by virtue of subsection (3) the
Secretary of State may have regard only to either or both of the following—(a)
the costs of exercising the function in question;
(b)
the costs of exercising any other function of the
Commissioner.(5)
References in subsection (4) to the costs of exercising a function are
to the costs of doing so in a particular class of case or in all cases.(6)
In this section “registration” means registration with the
Commissioner under section 85.”
“5
Schedule 5 is amended as follows.
“(ba)
the provision of immigration advice or immigration services
by a person in contravention of section 84,”.
In paragraph 6—
in sub-paragraph (2) for “is the subject of an investigation under
the scheme” substitute “falls within sub-paragraph
(2A)
”;
“(2A)
A person (“P”) falls within this sub-paragraph if—
(a)
P is the subject of an investigation under the
scheme, or(b)
in a case where the person who is the subject of
an investigation under the scheme is a relevant body, P—(i)
was an officer, member or partner of the
body when the body provided the immigration advice or immigration services to which the complaint relates, but(ii)
is no longer such an officer, member or
partner.(2B)
In sub-paragraph (2A) —
(a)
“relevant body” means a body which was a
registered person at the time to which the complaint relates;(b)
“officer”, in relation to a body corporate, means a
director, manager, secretary or other similar officer of the body.”
In paragraph 9—
“(f)
if the person to whom the complaint relates (“P”) was
not, at the time to which the complaint relates, a relevant authorised person, order P or a relevant body in relation to P—(i)
to refund all or any part of the fees charged
by P or the relevant body for the immigration advice or immigration services to which the complaint relates;(ii)
to pay to the person to whom the advice or
services were provided an amount specified in the order by way of compensation in respect of any loss, inconvenience or distress suffered by the person as a result of the provision of the advice or services.”;
“(1C)
For the purposes of sub-paragraph (1) (f) and this
sub-paragraph—(a)
a person is a “relevant authorised person” if—
(i)
the person falls within section 84(2)(b), or
(ii)
the person falls within section 84(2)(e)
because the person acts on behalf of, and under the supervision of, a person falling within section 84(2)(b);(b)
a body is a “relevant body” in relation to P if P
was acting as the employee, officer, member or partner of the body when providing the immigration advice or immigration services to which the complaint relates;(c)
“officer”, in relation to a body corporate, means a
director, manager, secretary or other similar officer of the body.(1D)
The total amount that may be ordered to be refunded or
paid by virtue of sub-paragraph (1) (f) in respect of a complaint must not exceed £250,000.(1E)
The Secretary of State may by regulations amend the
amount for the time being specified in sub-paragraph (1D) .(1F)
An order under sub-paragraph (1) (f) may specify the time
by which the refund or payment must be made.”
“Order on determination of complaint to refund fees or pay compensation: procedure, appeals and enforcement
9A
The complaints scheme must include provision securing that,
where the Commissioner proposes to make an order under paragraph 9(1) (f) against a person—(a)
the Commissioner must give the person a notice of what
is proposed (a “notice of intent”),(b)
the person may, within the period specified in the notice
of intent, make written representations and objections to the Commissioner in relation to the proposed order,(c)
the Commissioner must, at the end of the period for
making representations and objections, consider any representations and objections made and—(i)
determine to make the proposed order,
(ii)
determine not to make an order under paragraph
9(1) (f) against the person,(iii)
determine to make an order under paragraph
9(1) (f) against the person requiring the person to refund or pay an amount which is less than the amount mentioned in the notice of intent, or(iv)
provisionally determine to make an order under
paragraph 9(1) (f) against the person requiring the person to refund or pay an amount which is greater than the amount mentioned in the notice of intent, and(d)
where the Commissioner makes a provisional
determination as mentioned in paragraph (c) (iv) , the person is given an opportunity to make written representations and objections in relation to the provisional determination which must be considered by the Commissioner before the order is made.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) for an amount to be refunded or paid to a person (“P”), and(b)
the appeal rights in relation to the order are exhausted.
(2)
For the purposes of sub-paragraph (1) (b) the appeal rights in
relation to an order are exhausted at a time when—(a)
it is no longer possible for an appeal against the order to
be made under paragraph 9B (ignoring any possibility of an appeal out of time), and(b)
there is no appeal against the order which is pending.
(3)
On the application of P or the Commissioner, a court may order
that the amount to be refunded or paid under the order is recoverable as if it were payable under an order of that court.(4)
The Commissioner may make an application under sub-paragraph (3) only—
(a)
in the circumstances specified in the complaints scheme,
and(b)
with P’s consent.
(5)
If a court makes an order under sub-paragraph (3) on the
application of the Commissioner, the Commissioner may, in the circumstances specified in the complaints scheme and with P’s consent, recover the amount mentioned in that sub-paragraph on behalf of P.(6)
For the purposes of this paragraph—
(a)
an appeal is pending during the period—
(i)
starting when the appeal is brought, and
(ii)
ending when the appeal is finally determined,
abandoned or withdrawn;(b)
“court” means—
(i)
in England and Wales, the High Court or the
county court;(ii)
in Scotland, the Court of Session or the sheriff;
(iii)
in Northern Ireland, the High Court or a county
court.”
In section 166(5) (regulations subject to the affirmative procedure), at the paragraph 9
(1E)
of Schedule 5,”.
end of paragraph (d) insert “or
(e)
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.
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).
In Schedule 5, in paragraph 12(1)(a) (period of office) for “of five years”
substitute “not exceeding five years”.
In Schedule 5, in paragraph 16(1) (Deputy Commissioner) for “must”
substitute “may”.
“Acting as Commissioner in event of vacancy etc
17A
(1)
Sub-paragraph (2) applies at any time when—
(a)
there is a vacancy in the office of Commissioner or the
Commissioner is unable to exercise the Commissioner’s functions, and(b)
no person has been appointed as Deputy Commissioner
under paragraph 16(1) or the Deputy Commissioner is unable to act in the Commissioner’s place under paragraph 16(2).(2)
A member of the Commissioner’s staff nominated by the Secretary
of State for the purposes of this paragraph may act in the Commissioner’s place.”
The Serious Crime Act 2007 is amended as follows.
In
section 6
(individual must be 18 or over), after “order” insert “or an
interim serious crime prevention order”.
In
section 7
(other exceptions), in
subsections (1)
,
(1A)
and
(2)
, after “serious
crime prevention order” insert “or an interim serious crime prevention
order”.
Section 9
(right of third parties to make representations) is amended as
follows.
In
subsections (1)
to
(3)
, after “serious crime prevention order” insert “or
an interim serious crime prevention order”.
In
subsections (4)
and
(4A)
, after “serious crime prevention order” insert
“or interim serious crime prevention order”.
In
subsection (5)
, after “serious crime prevention order” insert “or an interim
serious crime prevention order”.
In
section 11
(restrictions on oral answers), after “order” insert “or an interim
serious crime prevention order”.
In
section 12
(restrictions for legal professional privilege), in
subsections
(1)
and
(4A)
, after “order” insert “or an interim serious crime prevention
order”.
In
section 13
(restrictions on excluded material and banking information),
in
subsections (1)
and
(2)
, after “serious crime prevention order” insert “or
an interim serious crime prevention order”.
In
section 14
(1)
(restrictions relating to other enactments), after “order”
insert “or an interim serious crime prevention order”.
In
section 15
(1)
(restrictions on use of information obtained), after “order”
insert “or an interim serious crime prevention order”.
Section 16 (duration of orders) is amended as follows.
In subsection (1), after “order” insert “or an interim serious crime prevention
order”.
In subsection (5)—
for “an order”, in the first place it occurs, substitute “a serious crime
prevention order or an interim serious crime prevention order”;
after “provision of” insert “such”.
Section 17 (variation of orders) is amended as follows.
In
subsections (1)
to
(2)
, after “serious crime prevention order” insert “or
an interim serious crime prevention order”.
In
subsection (3)
, for “an order” substitute “a serious crime prevention
order”.
“(3A)
An application for the variation of an interim serious crime
prevention order under this section may be made by—(a)
the relevant applicant authority (but see subsection (7A)),
(b)
the person who is the subject of the order, or
(c)
subject as follows, any other person.”
In
subsection (4)
, for “The” substitute “In the case of an application for the
variation of a serious crime prevention order, the”.
In subsections (5) to (7) , after “(3)(b)(ii)” insert “or (3A) (c) ”.
In subsection (8) —
“(10)
In this section “relevant applicant authority”, in relation to an interim
serious crime prevention order, means—(a)
where the order was applied for by the chief officer of police
of a police force in England and Wales, the chief officer of police of any such police force;(b)
in any other case, the person who applied for the order.”
Section 18 (discharge of orders) is amended as follows.
In
subsection (1)
(a)
,
(aa)
and
(b)
, after “order” insert “or an interim serious
crime prevention order”.
In
subsection (2)
, for “an order” substitute “a serious crime prevention
order”.
“(2A)
An application for the discharge of an interim serious crime
prevention order may be made by—(a)
the relevant applicant authority (but see subsection (7)),
(b)
the person who is the subject of the order, or
(c)
subject as follows, any other person.”
In
subsection (3)
, for “The” substitute “In the case of an application for the
discharge of a serious crime prevention order, the”.
In subsection (4) , after “(2)(b)(ii)” insert “or (2A) (c) ”.
Section 20
(powers of Crown Court to vary orders on conviction) is
amended as follows.
In
subsections (2)
(a)
and
(4)
(a)
, after “order” insert “or an interim serious
crime prevention order”.
In subsection (7) , for “and (4)(b)” substitute “, (4)(b) and (4A) (b) ”.
Section 21
(powers of Crown Court to vary or replace orders on breach) is
amended as follows.
In
subsections (1)
(a)
and
(b)
and
(3)
, after “order” insert “or an interim
serious crime prevention order”.
In subsection (7) , for “and (4)(b)” substitute “, (4)(b) and (4A) (b) ”.
“(8)
In this section—
(a)
a reference to replacing a serious crime prevention order is
to making a new serious crime prevention order and discharging the existing one;(b)
a reference to replacing an interim serious crime prevention
order is to making a new interim serious crime prevention order and discharging the existing one.”
In
section 22
(inter-relationship between different types of orders in England
and Wales or Northern Ireland), in
subsections (1)
,
(2)
and
(4)
, after “serious
crime prevention order” insert “or an interim serious crime prevention
order”.
Section 22B
(powers of High Court of Justiciary and sheriff to vary orders
on conviction) is amended as follows.
In
subsection (2)
(a)
, after “order” insert “or an interim serious crime
prevention order”.
In subsection (5) , for “and (4)(b)” substitute “, (4)(b) and (4A) (b) ”.
Section 22C
(powers of High Court of Justiciary and sheriff to vary or
replace orders on breach) is amended as follows.
In
subsection (1)
(a)
(i)
and
(ii)
and
(b)
, after “order” insert “or an interim
serious crime prevention order”.
In subsection (5) , for “and (4)(b)” substitute “, (4)(b) and (4A) (b) ”.
“(6)
In this section—
(a)
a reference to replacing a serious crime prevention order is
to making a new serious crime prevention order and discharging the existing one;(b)
a reference to replacing an interim serious crime prevention
order is to making a new interim serious crime prevention order and discharging the existing one.”
Section 22D
(inter-relationship between different types of orders in Scotland)
is amended as follows.
“(1A)
An interim serious crime prevention order made by the appropriate
court under section 5E or varied under section 17(1A) may be varied under section 22B(2) or 22C(2).”
In
subsection (2)
, for the words from “made” to “section 17(1A)” substitute
“or an interim serious crime prevention order”.
“(4)
A decision by the High Court of Justiciary or (as the case may be)
the sheriff not to vary a serious crime prevention order or an interim serious crime prevention order under section 22B(2) or 22C(2) does not prevent a subsequent application under section 17(1A) for a variation of the order in consequence of the same offence.”
Section 22E
(extension of orders pending outcome of criminal proceedings)
is amended as follows.
In subsection (1) —
in the words before
paragraph (a)
, after “order” insert “or an interim
serious crime prevention order”;
in
paragraph (b)
, after “order” insert “or interim serious crime
prevention order”.
In
subsection (2)
, in each place it occurs, after “order” insert “or an interim
serious crime prevention order”.
In subsection (3) omit “serious crime prevention”.
In subsection (4) —
in
paragraph (a)
(ii)
, after “22C,” insert “or a new interim serious
crime prevention order is made under section 21 or 22C,”;
in
paragraph (d)
, after “serious crime prevention order” insert “or
an interim serious crime prevention order”;
in
paragraph (e)
, after “order” insert “or an interim serious crime
prevention order”.
In subsection (5) —
after “section” insert “in relation to a serious crime prevention order”;
in paragraph (a) , omit “serious crime prevention”.
In
subsection (6)
, in each place it occurs, after “serious crime prevention
order” insert “or an interim serious crime prevention order”.
“(7)
An order may be made under this section in relation to an interim
serious crime prevention order only if—(a)
the order is still in force, and
(b)
the court or sheriff considers it just to do so.”
Section 23
(additional right of appeal from High Court) is amended as
follows.
“(1A)
An appeal may be made to the Court of Appeal in relation to a
decision of the High Court—(a)
to make an interim serious crime prevention order,
(b)
to vary, or not to vary, such an order, or
(c)
to discharge or not to discharge such an order.
(1B)
An appeal under subsection (1A) may be made by any person on
whom the court considers the decision has had, or is likely to have, a significant adverse effect.”
In subsection (2) —
for “Subsection (1) is” substitute “Subsections (1) to (1B) are”;
after “serious crime prevention orders” insert “or interim serious
crime prevention orders”.
In section 24 (appeals from Crown Court), in subsections (1) , (2) and (11) , after “serious crime prevention order” insert “or an interim serious crime prevention order”.
Section 24A
(additional right of appeal from Court of Session) is amended
as follows.
“(1A)
An appeal may be made to the Inner House of the Court of Session
in relation to a decision of the Outer House of the Court of Session—(a)
to make an interim serious crime prevention order,
(b)
to vary, or not to vary, such an order, or
(c)
to discharge or not to discharge such an order.
(1B)
An appeal under subsection (1A) may be made by any person on
whom the court considers the decision has had, or is likely to have, a significant adverse effect.”
In subsection (2) —
for “Subsection (1) is” substitute “Subsections (1) to (1B) are”;
after “serious crime prevention orders” insert “or interim serious
crime prevention orders”.
In
section 27
(powers to wind up companies etc: England and Wales), in
subsections (1)
(a)
,
(4)
(a)
and
(7)
(a)
, after “order” insert “or an interim serious
crime prevention order”.
In section 27A (powers to wind up companies etc: Scotland), in subsections
(1)(a), (1A)(a), (4)(a), (5)(a) and (8)(a), after “order” insert “or an interim
serious crime prevention order”.
In
section 28
(powers to wind up companies etc: Northern Ireland), in
subsections (1)
(a)
,
(1A)
(a)
,
(4)
(a)
and
(7)
(a)
, after “order” insert “or an interim
serious crime prevention order”.
Section 30
(notices to bodies corporate including limited liability
partnerships) is amended as follows.
In subsection (1) —
in the words before paragraph (a) —
after “section 10” insert “or 10A ”;
after “serious crime prevention order” insert “or an interim
serious crime prevention order”;
in
paragraph (b)
, for “subsection (3) of that section” substitute
“section 10(3) or
10A
(3)
”.
In
subsection (3)
, after “order” insert “or an interim serious crime prevention
order”.
Section 31 (other partnerships) is amended as follows.
In
subsection (1)
, after “order” insert “or an interim serious crime prevention
order”.
In subsection (4) —
in the words before paragraph (a) —
after “section 10” insert “or 10A ”;
after “serious crime prevention order” insert “or an interim
serious crime prevention order”;
in
paragraph (b)
, for “subsection (3) of that section” substitute
“section 10(3) or
10A
(3)
”.
In
subsection (10)
, after “order” insert “or an interim serious crime
prevention order”.
Section 32 (unincorporated associations) is amended as follows.
In
subsection (1)
, after “order” insert “or an interim serious crime prevention
order”.
In subsection (3) —
in the words before paragraph (a) —
after “section 10” insert “or 10A ”;
after “serious crime prevention order” insert “or an interim
serious crime prevention order”;
in
paragraph (b)
, for “subsection (3) of that section” substitute
“section 10(3) or
10A
(3)
”.
In
subsection (9)
, after “order” insert “or an interim serious crime prevention
order”.
In
section 34
(providers of information society services), in
subsections (1)
,
(5)
and
(6)
, after “order” insert “or an interim serious crime prevention
order”.
In
section 35
(1)
(proceedings in the High Court), after “orders” insert “or
interim serious crime prevention orders”.
In
section 36
(proceedings in the Crown Court), in
subsections (3)
(b)
and
(6)
, after “serious crime prevention order” insert “or an interim serious
crime prevention order”
Section 36A
(proceedings in the High Court of Justiciary and sheriff court)
is amended as follows.
In
subsection (3)
(b)
, after “order” insert “or an interim serious crime
prevention order”.
In subsection (6) —
after “order”, in the first place it occurs, insert “or an interim serious
crime prevention order”;
after “order”, in the second place it occurs, insert “or a new interim
serious crime prevention order”.
Section 38
(disclosure of information in accordance with orders) is amended
as follows.
In
subsection (1)
, after “order” insert “or an interim serious crime prevention
order”.
In
subsection (2)
, after “orders” insert “or interim serious crime prevention
orders”.
Section 39
(compliance with orders: authorised monitors) is amended as
follows.
In
subsection (10)
, in the definitions of “monitoring services” and “specified”,
after “serious crime prevention order” insert “or an interim serious crime
prevention order”.
In
section 40
(9)
(costs in relation to authorised monitors), in
paragraphs
(a)
,
(aa)
and
(b)
, after “orders” insert “or interim serious crime prevention
orders”.
In
section 41
(powers of law enforcement officers to retain documents), in
subsections (1)
(a)
and
(2)
, after “order” insert “or an interim serious crime
prevention order”.
“interim serious crime prevention order
Schedule 2 (functions of applicant authorities) is amended as follows.
In paragraph 1 —
in
paragraph (a)
, after “orders” insert “and interim serious crime
prevention orders”;
in
paragraph (b)
, after “order” insert “or an interim serious crime
prevention order”;
in
paragraphs (c)
and
(d)
, after “orders” insert “or interim serious
crime prevention orders”.
In
paragraph 4
(1)
(a)
, after “serious crime prevention order” insert “or an
interim serious crime prevention order”.
In
paragraph 5
, after “orders” insert “, and interim serious crime prevention
orders,”.
In paragraph 12 —
in
paragraph (a)
, after “orders” insert “and interim serious crime
prevention orders”;
in
paragraph (b)
, after “order” insert “or an interim serious crime
prevention order”;
in
paragraphs (c)
and
(d)
, after “orders” insert “or interim serious
crime prevention orders”.
In
paragraph 15
, after “orders” insert “, and interim serious crime prevention
orders,”.
In paragraph 15A —
in
paragraph (a)
, after “orders” insert “and interim serious crime
prevention orders”;
in
paragraph (b)
, after “order” insert “or an interim serious crime
prevention order”;
in
paragraphs (c)
and
(d)
, after “orders” insert “or interim serious
crime prevention orders”.
In paragraph 15C —
in
paragraph (a)
, after “orders” insert “and interim serious crime
prevention orders”;
in
paragraph (b)
, after “order” insert “or an interim serious crime
prevention order”;
in
paragraphs (c)
and
(d)
, after “orders” insert “or interim serious
crime prevention orders”.
In paragraph 16 —
in
paragraph (a)
, after “orders” insert “and interim serious crime
prevention orders”;
in
paragraph (b)
, after “order” insert “or an interim serious crime
prevention order”;
in
paragraphs (c)
and
(d)
, after “orders” insert “or serious crime
prevention orders”.
In
paragraph 18
(1)
(a)
, after “order” insert “or an interim serious crime
prevention order”.
In paragraph 20A —
in
paragraph (a)
, after “orders” insert “or interim serious crime
prevention orders”;
in
paragraph (b)
, after “order” insert “or an interim serious crime
prevention order”;
in
paragraphs (c)
and
(d)
, after “orders” insert “or interim serious
crime prevention orders”.
A
bill
to
Make provision about border security; to make provision about immigration and asylum; to make provision about sharing customs data and trailer registration data; to make provision about articles for use in serious crime; to make provision about serious crime prevention orders; to make provision about fees paid in connection with the recognition, comparability or assessment of qualifications; and for connected purposes.
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