The Nationality and Borders Act 2022 (Commencement No. 4 and Transitional Provision) Regulations 2023

Citation, interpretation and extent

1.—(1) These Regulations may be cited as the Nationality and Borders Act 2022 (Commencement No. 4 and Transitional Provision) Regulations 2023.

(2) In these Regulations—

• “the 1999 Act” means the Immigration and Asylum Act 1999(1);

• “the 2022 Act” means the Nationality and Borders Act 2022.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland, subject as follows.

(4) Regulation 3(e) extends to England and Wales only.

Provisions coming into force on 13th February 2023

2.—(1) To the extent they are not already in force, the following provisions of the 2022 Act come into force on 13th February 2023—

(a) section 42 (penalty for failure to secure goods vehicle) so far as it relates to the provisions brought into force by sub-paragraphs (b) and (c) of this paragraph;

(b) paragraphs 2, 3 and 12 of Schedule 5 (penalty for failure to secure goods vehicle etc);

(c) the following paragraphs of Schedule 5, for the purposes mentioned in paragraph (2) of this regulation—

(i) paragraphs 1, 4, 5 and 6;

(ii) paragraph 7(1), (2) and (5);

(iii) paragraph 8(1) and (3) to (6); and

(iv) paragraphs 9 to 11.

(2) Those purposes are—

(a) the imposition of a penalty under section 31A of the 1999 Act (penalty for failure to secure goods vehicle etc)(2); and

(b) the imposition of a penalty under section 32 of the 1999 Act (penalty for carrying clandestine entrants)(3) on a person responsible for a clandestine entrant within the meaning of subsection (1) of that section but limited to clandestine entrants who—

(i) arrive in the United Kingdom concealed in a vehicle;

(ii) pass, or attempt to pass, through immigration control concealed in a vehicle; or

(iii) arrive in the United Kingdom on a ship or aircraft, having embarked—

(aa) concealed in a vehicle; and

(bb) at a time when the ship or aircraft was outside the United Kingdom,

and claim, or indicate that they intend to seek, asylum in the United Kingdom or evade, or attempt to evade, immigration control; and

(c) related matters as set out in sections 31A to 37 and section 43 of the 1999 Act(4), in so far as they relate to purposes set out in sub-paragraphs (a) and (b).

Provisions coming into force on 30th January 2023

3.  The following provisions of the 2022 Act come into force on 30th January 2023—

(a) section 60 (identification of potential victims of slavery or human trafficking);

(b) section 61 (identified potential victims of slavery or human trafficking: recovery period);

(c) section 62 (no entitlement to additional recovery period etc);

(d) section 63 (identified potential victims etc: disqualification from protection);

(e) section 64 (identified potential victims etc in England and Wales: assistance and support);

(f) section 65 (leave to remain for victims of slavery or human trafficking);

(g) section 68 (disapplication of retained EU law deriving from Trafficking Directive);

(h) section 69 (Part 5: interpretation)(5) so far as not already in force.

Transitional provision

4.  The amendments of the 1999 Act brought into force by regulation 2 do not apply in respect of conduct which took place before 13th February 2023.

Robert Jenrick

Minister of State

Home Office

12th January 2023