Legislation – Border Security, Asylum and Immigration Act 2025

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Introduction

Part 1
Border security

Chapter 1 The Border Security Commander

1 The Border Security Commander

2 Terms and conditions of designation etc

3 Functions of the Commander

4 Duty to prepare annual reports

5 Duties of cooperation etc

6 The Board

7 Delegation by the Commander

8 Designation of an Interim Border Security Commander

9 Directions and guidance by the Secretary of State

10 Exclusion of application to the armed forces

11 Amendment of Schedule 7 to the Data Protection Act 2018

12 Interpretation

Chapter 2 Other border security provision

Offences: things for use in immigration crime and advertising of unlawful immigration services

13 Supplying articles for use in immigration crime

14 Handling articles for use in immigration crime

15 Sections 13 and 14: meaning of “relevant article”

16 Collecting information for use in immigration crime

17 Online advertising of unlawful immigration services

18 Application of section 17 to internet service providers

19 Liability for offence under section 17 committed by a body

20 Offences committed outside the United Kingdom

Endangering another during sea crossing to United Kingdom

21 Endangering another during sea crossing to United Kingdom

Powers of search etc in relation to electronic devices

22 Meaning of key expressions

23 Powers of authorised officers to search for relevant articles

24 Powers to seize and retain relevant articles

25 Duty to pass on items seized under section 24

26 Powers to access, copy and use information stored on relevant articles

27 Amendment of the Criminal Justice and Police Act 2001

28 Extension of powers to other persons

29 Meaning of other expressions

Sharing of information

30 Supply of customs information by HMRC

31 Use and disclosure of information supplied under section 30

32 Further provision about use and disclosure of information under section 31

33 Supply of trailer registration information

34 Onwards sharing of information shared under section 33

35 Sections 30 to 34: general provision about disclosure

36 Sections 30 to 34: interpretation

Provision of biometric information by evacuees etc

37 Provision of biometric information by evacuees etc

38 Use and retention of information taken under section 37

Provision of biometric information at ports in Scotland

39 Provision of biometric information at ports in Scotland

Part 2
Asylum and immigration

40 Repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024

41 Repeal of certain provisions of the Illegal Migration Act 2023

42 Sections 40 and 41: consequential amendments

43 Immigration advisers and immigration service providers

44 Detention and exercise of functions pending deportation

45 EU Settlement Scheme: rights of entry and residence etc

46 Conditions on limited leave to enter or remain and immigration bail

47 Powers to take biometric information

48 Extension of prohibition on employment to other working arrangements

49 Timeframe for determination of appeal brought by appellant receiving accommodation support

50 Timeframe for determination of certain appeals brought by non-detained appellants liable to deportation

51 Refugee Convention: particularly serious crime

Part 3
Prevention of serious crime

52 Articles for use in serious crime

53 Section 52: meaning of “relevant article”

54 Confiscation of assets

55 Electronic monitoring requirements

56 Interim serious crime prevention orders

57 Applicants for making of orders and interim orders

58 Notification requirements

59 Orders by Crown Court on acquittal or when allowing an appeal

Part 4
Miscellaneous and general

60 Validation of fees charged in relation to qualifications

61 Financial provisions

62 Consequential and minor provision

63 Regulations

64 Extent

65 Commencement

66 Short title

SCHEDULES

Schedule 1 Immigration advisers and immigration service providers

Schedule 2 Interim serious crime prevention orders: consequential amendments

Changes to legislation:

There are currently no known outstanding effects for the Border Security, Asylum and Immigration Act 2025, Cross Heading: Repeal of immigration legislation. Help about Changes to Legislation

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Part 2Asylum and immigration

Repeal of immigration legislation

40Repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024

The Safety of Rwanda (Asylum and Immigration) Act 2024 is repealed.

Annotations:
Commencement Information

I1S. 40 in force at Royal Assent, see s. 65(3)(a)

41Repeal of certain provisions of the Illegal Migration Act 2023

(1)

The following provisions of the Illegal Migration Act 2023 are repealed—

(a)

sections 1 to 6 and Schedule 1;

(b)

sections 7 to 11;

(c)

sections 13 to 15 and Schedule 2;

(d)

sections 16 to 28;

(e)

sections 30 to 51;

(f)

sections 53 to 58;

(g)

section 61;

(h)

section 66.

(2)

Section 8AA of the Immigration Act 1971 (persons ineligible for leave to enter and remain, entry clearance and ETA) (inserted by section 30(3) of the Illegal Migration Act 2023) is to be treated as never having been in force.

Annotations:
Commencement Information

I2S. 41 in force at Royal Assent, see s. 65(3)(a)

42Sections 40 and 41: consequential amendments

(1)

In the Immigration Act 1971—

(a)

in section 8(1) (exceptions for seamen and aircrews) omit paragraph (d) and the “or” before it;

(b)

omit section 8AA (persons ineligible for leave to enter and remain, entry clearance and ETA);

(c)

in paragraph 17A of Schedule 2 (periods for which persons may be detained)—

(i)

in sub-paragraph (2) omit “(2C),”;

(ii)

in sub-paragraph (3) omit paragraph (d).

(2)

In the British Nationality Act 1981—

(a)

in section 3 (acquisition of British citizenship by registration: minors) omit subsection (7);

(b)

in section 4 (acquisition of British citizenship by registration: British overseas territories citizens etc) omit subsection (7);

(c)

in section 4A (acquisition of British citizenship by registration: further provision for British overseas territories citizens) omit subsection (3);

(d)

in section 4AA (acquisition of British citizenship by registration: Irish citizens) (as inserted by section 1(2) of the British Nationality (Irish Citizens) Act 2024) omit subsection (4);

(e)

in section 5 (acquisition of British citizenship by registration: British overseas territories citizens having connection with Gibraltar) omit “Subject to sections 31, 32 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”;

(f)

in section 6 (acquisition of British citizenship by naturalisation) omit subsection (3);

(g)

in section 10 (registration as British citizen following renunciation of citizenship of UK etc) omit subsection (5);

(h)

in section 13 (resumption of British citizenship) omit subsection (4);

(i)

in section 17 (acquisition of British overseas territories citizenship by registration: minors) omit subsection (7);

(j)

in section 18 (acquisition of British overseas territories citizenship by naturalisation) omit subsection (4);

(k)

in section 22 (right to registration as British overseas territories citizen replacing right to resume citizenship of UK etc) omit subsection (5);

(l)

in section 24 (renunciation and resumption of British overseas territories citizenship) omit “Subject to sections 31, 33 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”;

(m)

in section 27 (registration of minors as British overseas citizens), in subsection (1), omit “Subject to sections 31, 34 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”;

(n)

in section 32 (registration of minors as British subjects) omit “Subject to sections 31, 35 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”.

(3)

In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)—

(a)

in subsection (2O), for “to (2A)” substitute “and (2)”;

(b)

in subsection (2P) omit paragraph (b).

(4)

In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”), omit paragraph (o).

Annotations:
Commencement Information

I3S. 42 in force at Royal Assent, see s. 65(3)(a)