Legislation – Border Security, Asylum and Immigration Act 2025

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

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

65 Commencement

SCHEDULES

Schedule 1 Immigration advisers and immigration service providers

Schedule 2 Interim serious crime prevention orders: consequential amendments

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Border Security, Asylum and Immigration Act 2025, Section 37.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 1Border security

Chapter 2Other border security provision

Provision of biometric information by evacuees etc

37Provision of biometric information by evacuees etc

(1)

An authorised person may take biometric information from a person to whom this section applies.

(2)

This section applies to a person if—

(a)

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

(b)

His Majesty’s Government is considering whether to facilitate, or is facilitating or has facilitated, the person’s departure from a state or territory.

(3)

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—

(a)

the child’s parent or guardian, or

(b)

a person who for the time being takes responsibility for the child.

(4)

The person mentioned in subsection (3)(b) may not be—

(a)

an authorised person, or

(b)

an officer of the Secretary of State who is not an authorised person.

(5)

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.

(6)

In this section and section 38—

“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.

(7)

References in this section and section 38 to the taking of biometric information from a person include the recording of biometric information about the person.

(8)

Biometric information may be taken under this section outside the United Kingdom.