The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

Statutory Instruments

2011 No. 1786

Immigration

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

Made

18th July 2011

Coming into force

30th March 2012

The Secretary of State makes the following Order in exercise of the powers conferred by section 141 of the Nationality, Immigration and Asylum Act 2002(1).

The Secretary of State has consulted with such persons as appear to her to be appropriate in accordance with section 141(5)(b) of the Nationality, Immigration and Asylum Act 2002.

In accordance with section 141(5)(c) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and expiry

1.—(1) This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011.

(2) This Order comes into force on 30th March 2012.

(3) This Order will cease to have effect on 9th November 2012.

Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

2.—(1) The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003(2) is amended as follows.

(2) At the end of article 11(1)(f) delete “and”.

(3) At the end of article 11(1)(g) insert “and”.

(4) After article 11(1)(g) insert—

“(h) the Immigration (Provision of Physical Data) Regulations 2006(3), but only in so far as they relate to an application made within the meaning of paragraph (c) of the definition of “application” in regulation 2 of those Regulations.”.

Damian Green

Minister of State

Home Office

18th July 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003.

This Order enables the Immigration (Provision of Physical Data) Regulations 2006 to have effect in a Control Zone in France, to enable biometric information to be taken from persons accredited for the 2012 London Olympic and Paralympic Games. These persons would usually be required to apply for a visa and therefore have their biometric information taken as visa nationals. When Her Majesty’s Government signed the Host City Contract for the Games it gave a commitment that in specified circumstances there would be no requirement for certain holders of the accreditation card to apply for a visa before travelling to the United Kingdom. As such, an amendment to those Regulations are necessary to enable UK Border Agency to maintain the current level of checks of biometric information on all visa nationals and this order applies those Regulations as amended to the Control Zone in France.

An impact assessment of the effect that this Order will have on the costs of the public sector is available from UK Border Agency website at www.UKBA.homeoffice.gov.uk and is annexed to the Explanatory Memorandum which is available alongside this Order on the OPSI website.

(1)

2002 c.41.

(2)

S.I. 2003/2818 as amended by S.I. 2006/1003 and S.I. 2006/2908.

(3)

S.I. 2006/1743; regulation 2(c) is prospectively inserted by S.I. 2011/1779.