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

Part 1Border security

Chapter 2Other border security provision

Offences: things for use in immigration crime and advertising of unlawful immigration services

13Supplying articles for use in immigration crime

(1)

A person (“P”) commits an offence if—

(a)

P supplies or offers to supply a relevant article to another person, and

(b)

at the time P does so, P knows or suspects that the relevant article is to be used by any person in connection with an offence under section 24 or 25 of the Immigration Act 1971 (illegal entry etc and assisting unlawful immigration).

(2)

A person (“P”) commits an offence if—

(a)

P is concerned in the supplying of, or the making of an offer to supply, a relevant article to another person, and

(b)

at any time when P is concerned in that act, P knows that the relevant article is to be used by any person in connection with an offence under section 24 or 25 of the Immigration Act 1971.

(3)

It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse for the action mentioned in subsection (1)(a) or (2)(a) (as the case may be).

(4)

The cases in which a person has a reasonable excuse for the purposes of subsection (3) include (but are not limited to) those in which—

(a)

their action was for the purposes of carrying out a rescue of a person from danger or serious harm, or

(b)

they were acting on behalf of an organisation which—

(i)

aims to assist asylum-seekers, and

(ii)

does not charge for its services.

(5)

A person is regarded as having shown that they had a reasonable excuse for their action if—

(a)

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

(b)

the contrary is not proved beyond reasonable doubt.

(6)

A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(7)

In this section and sections 14 and 16 “asylum-seeker” means a person who intends to claim that to remove them from or require them to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—

(a)

the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or

(b)

the Human Rights Convention (within the meaning given by that section).