Legislation – Nationality and Borders Act 2022
Changes to legislation:
Nationality and Borders Act 2022, Section 53 is up to date with all changes known to be in force on or before 10 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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PART 4Age Assessments
53Regulations about age assessments
(1)
The Secretary of State may make regulations about age assessments under section 50 or 51, which may in particular include provision about—
(a)
the processes to be followed, including—
(i)
the information and evidence that must be considered and the weight to be given to it,
(ii)
the circumstances in which an abbreviated age assessment may be appropriate,
(iii)
protections or safeguarding measures for the age-disputed person, and
(iv)
where consent is required for the use of a specified scientific method, the processes for assessing a person’s capacity to consent, for seeking consent and for recording the decision on consent;
(b)
the qualifications or experience necessary for a person to conduct an age assessment;
(c)
where an age assessment includes use of specified scientific methods—
(i)
the qualifications or experience necessary for a person to conduct tests in accordance with those methods, and
(ii)
the settings in which such tests must be carried out;
(d)
the content and distribution of reports on age assessments;
(e)
the communication of decisions to the age-disputed person and any other person affected by the decision, and notification of appeal rights (see section 54); and
(f)
the consequences of a lack of co-operation with the assessment by the age-disputed person, which may include damage to the person’s credibility.
(2)
The regulations may also include provision about—
(a)
referrals under section 50(1) or (3)(a), including the process for making such a referral and about the withdrawal of a referral;
(b)
how and when a local authority must inform the Secretary of State as mentioned in section 50(3)(b) and (c);
(c)
evidence that the Secretary of State may require as mentioned in section 50(4).
(3)
Regulations under this section are subject to affirmative resolution procedure.