Legislation – Illegal Migration Act 2023

2 Duty to make arrangements for removal

3 Amendment of date in section 2(3) etc

4 Unaccompanied children and power to provide for exceptions

5 Disregard of certain claims, applications etc

6 Removal for the purposes of section 2 or 4

7 Powers to amend Schedule 1

8 Further provisions about removal

9 Support where asylum claim inadmissible

10 Other consequential amendments relating to removal

11 Powers of detention

12 Period for which persons may be detained

13 Powers to grant immigration bail

14 Disapplication of duty to consult Independent Family Returns Panel

15 Electronic devices etc

16 Accommodation and other support for unaccompanied migrant children

17 Transfer of children from Secretary of State to local authority and vice versa

18 Duty of local authority to provide information to the Secretary of State

19 Enforcement of local authorities’ duties under sections 17 and 18

20 Extension to Wales, Scotland and Northern Ireland

21 Transfer of children between local authorities

22 Provisions relating to removal and leave

23 Provisions relating to support: England and Wales

24 Provisions relating to support: Scotland

25 Provisions relating to support: Northern Ireland

26 Suspension and revival of sections 22 to 25

27 Procedure for certain regulations under section 26

28 Amendments relating to sections 22 to 25

29 Disapplication of modern slavery provisions

30 Entry into and settlement in the United Kingdom

31 Persons prevented from obtaining British citizenship etc

32 British citizenship

33 British overseas territories citizenship

34 British overseas citizenship

35 British subjects

36 Disapplication of sections 32 to 35

37 Amendments relating to sections 32 to 36

38 Suspensive claims: interpretation

39 Serious harm suspensive claims: interpretation

40 Meaning of “serious and irreversible harm”

41 Relationship with other proceedings

42 Serious harm suspensive claims

43 Removal conditions suspensive claims

44 Appeals in relation to suspensive claims

45 Permission to appeal in relation to suspensive claims certified as clearly unfounded

46 Suspensive claims out of time

47 Suspensive claims: duty to remove

48 Upper Tribunal consideration of new matters

49 Appeals in relation to suspensive claims: timing

50 Procedure for Tribunal Procedure Rules

51 Finality of certain decisions by the Upper Tribunal

52 Judges of First-tier Tribunal and Upper Tribunal

53 Special Immigration Appeals Commission

54 Interim remedies

55 Interim measures of the European Court of Human Rights

57 Decisions relating to a person’s age

58 Age assessments: power to make provision about refusal to consent to scientific methods

59 Inadmissibility of certain asylum and human rights claims

60 Cap on number of entrants using safe and legal routes

61 Report on safe and legal routes

62 Credibility of claimant: concealment of information etc

63 Financial provision

64 Consequential and minor provision

66 Defined expressions

68 Commencement

SCHEDULES

Schedule 1 Countries or territories to which a person may be removed

Schedule 2 Electronic devices etc

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

Changes to legislation:

There are currently no known outstanding effects for the Illegal Migration Act 2023, Section 65.

Changes to Legislation

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General

65Regulations

(1)

A power to make regulations under this Act is exercisable by statutory instrument.

(2)

Regulations under this Act may make—

(a)

consequential, supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes.

(3)

Subsection (2) does not apply to regulations under section 68(1) (commencement).

(4)

A statutory instrument containing (whether alone or with other provision)—

(a)

regulations under section 4(3)(d) (circumstances in which power to make arrangements for removal of unaccompanied child applies),

(b)

regulations under section 7(1) (powers to amend Schedule 1),

(c)

regulations under section 20(1) (extension to Wales, Scotland and Northern Ireland),

(d)

regulations under section 24(9) (amendments in consequence of regulations made by the Scottish Ministers),

(e)

regulations under section 26(3)(b) (continuation of operation of modern slavery provisions),

(f)

regulations under section 40 (meaning of “serious and irreversible harm”),

(g)

regulations under section 60 (cap on number of entrants using safe and legal routes),

(h)

regulations under section 64(1) (consequential provision) which amend, repeal or revoke primary legislation, or

(i)

regulations under paragraph 10 of Schedule 2 (powers relating to relevant articles containing items subject to legal privilege),

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5)

Any other statutory instrument containing regulations under this Act for which no Parliamentary procedure is otherwise specified by this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)

Subsection (5) does not apply to a statutory instrument containing only regulations under—

(a)

section 26(8) (transitional etc provision in connection with suspension of operation of modern slavery provisions);

(b)

section 68 (commencement).

(7)

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.