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:

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Part 3Prevention of serious crime

Offences relating to things for use in serious crime

52Articles for use in serious crime

(1)

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.

(2)

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.

(3)

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.

(4)

In proceedings for an offence under this section, if it is proved that a relevant article—

(a)

was on any premises at the same time as the accused, or

(b)

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.

(5)

Subsection (6) applies where—

(a)

in accordance with subsection (3), it is a defence for a person charged with an offence to show a particular matter, or

(b)

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.

(6)

A person is regarded as having shown the matter if—

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(7)

In this section—

relevant article” has the meaning given by section 53;

serious offence” means—

(a)

in England and Wales, an offence specified or described in Part 1 of Schedule 1 to the Serious Crime Act 2007;

(b)

in Scotland, an offence specified or described in Part 1A of that Schedule;

(c)

in Northern Ireland, an offence specified or described in Part 2 of that Schedule.

(8)

A person who commits an offence under this section is liable—

(a)

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);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

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);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

Annotations:
Commencement Information

I1S. 52 not in force at Royal Assent, see s. 65(1)

53Section 52: meaning of “relevant article”

(1)

In section 52relevant article” means any of the following—

(a)

a 3D printer firearms template;

(b)

an encapsulator;

(c)

a tablet press;

(d)

a vehicle concealment.

(2)

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—

(a)

forms or is intended to form part of a vehicle or is attached or intended to be attached to a vehicle, and

(b)

conceals, or facilitates the concealment of, things or people or is intended to conceal or facilitate the concealment of things or people.

(3)

The Secretary of State may by regulations amend this section (other than this subsection or subsection (4) or (5)).

(4)

But regulations under subsection (3) that add an article to subsection (1) may be made only if the Secretary of State considers that there is a significant risk of such an article being used in connection with any serious offence.

Serious offence” has the same meaning as in section 52.

(5)

Before making regulations under subsection (3), the Secretary of State must consult—

(a)

the Scottish Ministers, and

(b)

the Department of Justice in Northern Ireland.

Annotations:
Commencement Information

I2S. 53 not in force at Royal Assent, see s. 65(1)

54Confiscation of assets

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In Schedule 2 (criminal lifestyle offences in England and Wales)—

(a)

before paragraph 9A insert—

“Offences involving gangmasters”;

(b)

after paragraph 9A insert—

“Offences relating to things for use in serious crime

9B

An offence under section 52 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).”

(3)

In Schedule 4 (criminal lifestyle offences in Scotland), after paragraph 9F insert—

“Offences relating to things for use in serious crime

9G

An offence under section 52 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).”

(4)

In Schedule 5 (criminal lifestyle offences in Northern Ireland), after paragraph 9A insert—

“Offences relating to things for use in serious crime

9B

An offence under section 52 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).”

Annotations:
Commencement Information

I3S. 54 not in force at Royal Assent, see s. 65(1)

Serious crime prevention orders

55Electronic monitoring requirements

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

After section 5A insert—

“Electronic monitoring requirements

5BElectronic 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).

5CConditions 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—

  1. (i)

    a requirement that P must remain, for specified periods, at a specified place, or

  2. (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.

5DData 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.”

(3)

In section 17 (variation of orders), after subsection (8) insert—

“(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.”

(4)

In section 20 (powers of Crown Court to vary orders on conviction), after subsection (7) insert—

“(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.”

(5)

In section 21 (powers of Crown Court to vary or replace orders on breach), after subsection (7) insert—

“(7A)

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.”

(6)

In section 89 (orders)—

(a)

in the heading, after “Orders” insert “and regulations”;

(b)

in each of subsections (1) and (2), after “order” insert “or regulations”.

Annotations:
Commencement Information

I4S. 55 in force at Royal Assent for specified purposes, see s. 65(3)(f)

56Interim serious crime prevention orders

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

After section 5D (inserted by section 55) insert—

“Interim serious crime prevention orders

5EInterim 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.

5FWithout 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.”

(3)

After section 8A insert—

“8AARelevant 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.”

(4)

After section 10 insert—

“10ANotice 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

(b)

a notice setting out the terms of the order or (as the case may be) variation has been served on P in accordance with subsections (2) to (4).

(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.”

(5)

In section 16 (duration of orders), after subsection (4) insert—

“(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.”

(6)

In section 25(1) (offence of failing to comply with order), after “order” insert “or an interim serious crime prevention order”.

(7)

Schedule 2 contains related amendments to the Serious Crime Act 2007.

Annotations:
Commencement Information

I5S. 56 not in force at Royal Assent, see s. 65(1)

57Applicants for making of orders and interim orders

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

For section 8 substitute—

“8Limited 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

(b)

in the case of an application by a person listed in paragraph (a)(iii) to (vii), only if the person has consulted the Director of Public Prosecutions.

(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.”

(3)

In section 10(4)(a) (notice requirements: England and Wales)—

(a)

(b)

after sub-paragraph (iv) insert—

“(v)

in any other case, the person who applied for the order;”.

(4)

In section 27 (power to wind up companies: England and Wales)—

(a)

for subsection (1A) substitute—

“(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.”;

(b)

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);

(c)

in subsection (12) omit the definition of “police-initiated serious crime prevention order”.

(5)

In Schedule 2 (functions of applicant authorities)—

(a)

after paragraph 15 insert—

“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, and

(e)

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Commissioners 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

(e)

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).”;

(b)

(i)

in paragraphs (a), (c) and (d) omit “that are terrorism-related”;

(ii)

in paragraph (b) omit “that is terrorism-related”;

(c)

after paragraph 15B insert—

“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, and

(e)

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

15BB

(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, and

(e)

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

15BD

(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.”

58Notification requirements

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

After section 15 insert—

“Notification requirements: England and Wales

15ANotification 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)

must specify a person listed in section 8(1)(a) as the person to whom a notification under Schedule 1A is to be given;

(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)

In this Part references to a “specified person” are to a person specified under subsection (2)(a).”

(3)

After Schedule 1 insert—

“Schedule 1ARelevant orders: notification requirements

Section 15A

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)

A requirement to notify information under sub-paragraph (1) or (2) does not apply to an individual by virtue of a relevant order whilst the individual is required to notify that information to that person by virtue of an earlier relevant order.

(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)

A person commits an offence under the law of England and Wales if the person fails, without reasonable excuse, to comply with a requirement imposed by paragraph 1(1) or (4).

(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.”

(4)

In section 10 (notice requirements in relation to orders), after subsection (1) insert—

“(1A)

For the purposes of subsection (1)(b) and sections 30(1), 31(4) and 32(3), the requirements imposed on a person by Schedule 1A are to be treated as terms of the order.”

(5)

In each of the following sections, after “section 25” insert “or Schedule 1A

(6)

In section 43 (index of defined expressions), in the appropriate place insert the following—

“relevant order

section 15A(1)

specified person

section 15A(3)”.

(7)

In section 89 (orders), for subsection (3) substitute—

“(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.”

Annotations:
Commencement Information

I8S. 58 in force at Royal Assent for specified purposes, see s. 65(3)(f)

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

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

After section 19 insert—

“19AOrders 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.”

(3)

In section 1(5), in the definition of “serious crime prevention order”—

(a)

omit the “or” at the end of paragraph (b);

(b)

after that paragraph insert—

“(ba)

an order under section 19A (corresponding order of the Crown Court on acquittal or when allowing an appeal); or”.

(4)

In section 2(4), for “section 1(1)(a)” substitute “sections 1(1)(a) and 19A(1)(a).

(5)

In section 9(4), after “section 19,” insert 19A,”.

(6)

(a)

after “section 19” insert “or 19A;

(b)

after “offence” insert “, acquittal or determination of an appeal”.

(7)

In section 36(1), after “section 19,” insert 19A,”.

(8)

In section 39(6), after “section 19(2), (4) and (5),” insert 19A(1),”.

Annotations:
Commencement Information

I9S. 59 not in force at Royal Assent, see s. 65(1)