Legislation – Data (Use and Access) Act 2025

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Part 2Digital verification services

Supplementary

55Powers relating to verification of identity or status

(1)

In section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty for employing a person subject to immigration control), after subsection (7) insert—

“(8)

An order under subsection (3) containing provision described in subsection (7)(a), (b) or (c) may, in particular—

(a)

specify a document generated by a DVS-registered person or a DVS-registered person of a specified description;

(b)

specify a document which was provided to such a person in order to generate such a document;

(c)

specify steps involving the use of services provided by such a person.

(9)

In subsection (8), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data (Use and Access) Act 2025 (“the DVS register”).

(10)

An order under subsection (3) which specifies a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to specified services (see section 36 of the Data (Use and Access) Act 2025).”

(2)

In section 34 of the Immigration Act 2014 (requirements which may be prescribed for the purposes of provisions about occupying premises under a residential tenancy agreement)—

(a)

in subsection (1)—

(i)

in paragraph (a), after “occupiers” insert “, a DVS-registered person or a DVS-registered person of a prescribed description”,

(ii)

in paragraph (b), after “occupiers” insert “, a DVS-registered person or a DVS-registered person of a prescribed description”, and

(iii)

in paragraph (c), at the end insert “, including steps involving the use of services provided by a DVS-registered person or a DVS-registered person of a prescribed description”, and

(b)

after that subsection insert—

“(1A)

An order prescribing requirements for the purposes of this Chapter which contains provision described in subsection (1)(a) or (b) may, in particular—

(a)

prescribe a document generated by a DVS-registered person or a DVS-registered person of a prescribed description;

(b)

prescribe a document which was provided to such a person in order to generate such a document.

(1B)

In subsections (1) and (1A), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data (Use and Access) Act 2025 (“the DVS register”).

(1C)

An order prescribing requirements for the purposes of this Chapter which prescribes a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to prescribed services (see section 36 of the Data (Use and Access) Act 2025).”

(3)

In Schedule 6 to the Immigration Act 2016 (illegal working compliance orders etc), after paragraph 5 insert—

“Prescribed checks and documents

5A

(1)

Regulations under paragraph 5(6)(b) or (c) may, in particular—

(a)

prescribe checks carried out using services provided by a DVS-registered person or a DVS-registered person of a prescribed description;

(b)

prescribe documents generated by such a person;

(c)

prescribe documents which were provided to such a person in order to generate such documents.

(2)

In sub-paragraph (1), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data (Use and Access) Act 2025 (“the DVS register”).

(3)

Regulations under paragraph 5(6)(b) or (c) which prescribe a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to prescribed services (see section 36 of the Data (Use and Access) Act 2025).”