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

Changes to legislation:

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Part 3Prevention of serious crime

Serious crime prevention orders

58Notification requirements

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

After section 15 insert—

“Notification requirements: England and Wales

15ANotification requirements: England and Wales

(1)

Schedule 1A contains provision about notifications to be given by a person who is subject to a serious crime prevention order in England and Wales (a “relevant order”).

(2)

A relevant order—

(a)

must specify a person listed in section 8(1)(a) as the person to whom a notification under Schedule 1A is to be given;

(b)

may make provision about how a notification under Schedule 1A is to be given (including provision requiring a person to give a notification in person or otherwise).

(3)

In this Part references to a “specified person” are to a person specified under subsection (2)(a).”

(3)

After Schedule 1 insert—

“Schedule 1ARelevant orders: notification requirements

Section 15A

Notification requirements for persons other than individuals

1

(1)

Where a person other than an individual is subject to a relevant order that person (“P”) must, within the period of three days beginning with the first day on which any provision of the order comes into force, notify the specified person of the name of an authorised individual.

(2)

In this paragraph “authorised individual” means an individual who—

(a)

is authorised by P to communicate with the specified person in relation to P’s compliance with the order, and

(b)

has consented to act in that capacity.

(3)

P may, at any time after notifying the specified person of the name of an authorised individual under this paragraph, notify the specified person of the name of a replacement authorised individual.

(4)

Where an individual whose name is notified by P under this paragraph ceases to be an authorised individual P must, within the period of 28 days beginning with the day on which the individual ceases to be an authorised individual, notify the specified person of the name of a replacement authorised individual.

Notification requirements for individuals

2

(1)

An individual who is subject to a relevant order must, within the period of three days beginning with the first day on which any of the provisions of the order comes into force, notify the specified person of the notifiable information relating to the individual.

(2)

If there is a change in any of the notifiable information relating to an individual who has given a notification under this paragraph the individual must, within the period of three days beginning with the day on which the change occurs, notify the specified person of the change.

(3)

A requirement to notify information under sub-paragraph (1) or (2) does not apply to an individual by virtue of a relevant order whilst the individual is required to notify that information to that person by virtue of an earlier relevant order.

(4)

If the earlier order ceases to be in force on a day on which the later order remains in force, the reference in sub-paragraph (1) to the first day on which any of the provisions of the order comes into force is to be read as a reference to that day.

(5)

In this paragraph “the notifiable information” relating to an individual means—

(a)

their name and, if they use one or more other names, each of those names;

(b)

the address of their sole or main residence in the United Kingdom and the address of any other premises in the United Kingdom at which they regularly reside or stay;

(c)

each of their telephone numbers and email addresses (if any);

(d)

any name which they use to access a social media service or the function of which is to identify the user of such a service;

(e)

any name—

(i)

which they use to access a video game that is a user-to-user service or that is available as part of a user-to-user service, or

(ii)

the function of which is to identify them as the user of such a game;

(f)

identifying information relating to any motor vehicle of which they are the registered keeper, or which they have a right to use (whether routinely or on specific occasions or for specific purposes);

(g)

specified financial information;

(h)

specified information about identification documents;

(i)

the name and address of each of their employers (if any);

(j)

any information of a description specified in regulations made by the Secretary of State.

(6)

For the purposes of sub-paragraph (5)

(a)

where the individual does not have a sole or main residence in the United Kingdom, paragraph (b) of that sub-paragraph is to be read as if it refers to the address or location of a place in the United Kingdom where they can regularly be found (and, if there is more than one such place, the address or location of each of those places);

(b)

social media service” means an online service that meets the following conditions—

(i)

the main purpose, or one of the main purposes, of the service is to promote interaction between users (including interaction between users and user-generated content), and

(ii)

making content generated by users available to other users is a significant feature of the service;

(c)

specified financial information” means the information specified in paragraph 1(1)(a) and (b) of Schedule 3A to the
Counter-Terrorism Act 2008;

(d)

specified information about identification documents” means the information specified in paragraph 2(a) and (b) of that Schedule;

(e)

user-to-user service” has the meaning given by section 3 of the Online Safety Act 2023.

Offences

3

(1)

A person commits an offence under the law of England and Wales if the person fails, without reasonable excuse, to comply with a requirement imposed by paragraph 1(1) or (4).

(2)

A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine.

(3)

A person commits an offence under the law of England and Wales if the person—

(a)

fails, without reasonable excuse, to comply with a requirement imposed by paragraph 2;

(b)

gives a notification, in purported compliance with such a requirement, of any information which the person knows to be false.

(4)

A person guilty of an offence under sub-paragraph (3) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.”

(4)

In section 10 (notice requirements in relation to orders), after subsection (1) insert—

“(1A)

For the purposes of subsection (1)(b) and sections 30(1), 31(4) and 32(3), the requirements imposed on a person by Schedule 1A are to be treated as terms of the order.”

(5)

In each of the following sections, after “section 25” insert “or Schedule 1A

(6)

In section 43 (index of defined expressions), in the appropriate place insert the following—

“relevant order

section 15A(1)

specified person

section 15A(3)”.

(7)

In section 89 (orders), for subsection (3) substitute—

“(3)

A statutory instrument containing an order or regulations under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

  • section 4(4);

  • section 49(6);

  • section 63(3);

  • section 69;

  • section 90;

  • paragraph 2(5)(j) of Schedule 1A;

  • paragraph 102 of Schedule 8.”

Annotations:
Commencement Information

I1S. 58 in force at Royal Assent for specified purposes, see s. 65(3)(f)