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Part 4Miscellaneous and general

Miscellaneous

60Validation of fees charged in relation to qualifications

(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.

(2)

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.

(3)

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—

(a)

the person was employed or seeking employment with an early years provider within the meaning of Part 3 of the Childcare Act 2006, and

(b)

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.

(4)

Condition C is that the fee was charged in connection with—

(a)

the provision of a service pursuant to an international agreement or arrangement requiring services to be provided relating to—

(i)

the comparability, recognition or assessment of UK qualifications or non-UK qualifications, or

(ii)

the provision of information or advice about such qualifications or the systems for awarding them, or

(b)

any associated services provided by a person providing services mentioned in paragraph (a).

(5)

This section applies to—

(a)

the Secretary of State, and

(b)

a person other than the Secretary of State who charged the fee pursuant to arrangements between that person and the Secretary of State.

(6)

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.

(7)

This section binds the Crown.

General

61Financial provisions

The following are to be paid out of money provided by Parliament—

(a)

any expenditure incurred under or by virtue of this Act by a Minister of the Crown, by a person holding office under His Majesty or by a government department, and

(b)

any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.

62Consequential and minor provision

(1)

The Secretary of State may by regulations make provision that is consequential on this Act.

(2)

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.

(3)

In subsection (2) “enactment” includes—

(a)

an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

(b)

an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(c)

an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;

(d)

an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(4)

In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”), after the “and” at the end of paragraph (n) insert—

“(p)

the Border Security, Asylum and Immigration Act 2025, other than sections 30 to 36, Part 3 and section 60.”

63Regulations

(1)

A power to make regulations under any provision of this Act includes power to make—

(a)

consequential, supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes or areas.

(2)

Regulations under this Act are to be made by statutory instrument.

(3)

A statutory instrument containing any of the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

(a)

regulations under section 15(3);

(b)

regulations under section 36(8);

(c)

regulations under section 53(3);

(d)

regulations under section 62(1) which amend, repeal or revoke primary legislation.

(4)

Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)

This section does not apply to regulations under section 65.

(6)

In this section “primary legislation” means—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

a Measure or Act of Senedd Cymru, or

(d)

Northern Ireland legislation.

64Extent

(1)

This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2).

(2)

An amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.

(3)

The following provisions also extend to the Channel Islands and the Isle of Man and the British overseas territories—

(a)

section 41(1)(a) so far as it repeals section 4(7) to (10) of the Illegal Migration Act 2023 as it extends to the Channel Islands and the Isle of Man and the British overseas territories by virtue of section 67(5) of that Act;

(b)

section 41(1)(e) so far as it repeals sections 31 to 37 of that Act;

(c)

section 42(2).

(4)

His Majesty may by Order in Council provide for any of the provisions of this Act other than sections 1 to 12, 27, 30 to 36, 39 to 42 and 45 and Part 3 to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

(5)

A power under any provision listed in subsection (6) may be exercised so as to extend (with or without modifications) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (6) relates.

(6)

Those provisions are—

(a)

section 36 of the Immigration Act 1971,

(b)

section 170(7) of the Immigration and Asylum Act 1999,

(c)

section 163(4) of the Nationality, Immigration and Asylum Act 2002,

(d)

section 63(3) of the Immigration, Asylum and Nationality Act 2006,

(e)

section 60(4) of the UK Borders Act 2007, and

(f)

section 95(5) of the Immigration Act 2016.

65Commencement

(1)

Subject to subsections (3) and (4), this Act comes into force on such day as the Secretary of State may by regulations appoint.

(2)

Different days may be appointed for different purposes or areas.

(3)

The following provisions come into force on the day on which this Act is passed—

(a)

sections 40 to 42;

(b)

section 44(1) to (13) and (17);

(c)

section 45;

(d)

this Part;

(e)

paragraphs 16 to 18 of Schedule 1 (and section 43 and paragraph 1 of that Schedule so far as relating to those paragraphs);

(f)

any other provision of this Act (including provision modifying other legislation) so far as it confers power to make regulations or an order or is otherwise necessary for enabling the exercise of such a power on or after the day on which this Act is passed.

(4)

Sections 37, 38 and 47 (except as brought into force by subsection (3)(f)) come into force at the end of the period of two months beginning with the day on which this Act is passed.

(5)

The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

(6)

The power to make regulations under subsection (5) includes power to make different provision for different purposes or areas.

(7)

Regulations under this section are to be made by statutory instrument.

66Short title

This Act may be cited as the Border Security, Asylum and Immigration Act 2025.