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Borders, Citizenship and Immigration Act 2009

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Borders, Citizenship and Immigration Act 2009. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Overview

  3. Summary

    1. Part 1 – Border functions

    2. Part 2 – Citizenship

    3. Part 3 – Immigration

    4. Part 4 – Miscellaneous and General

  4. Territorial Extent

  5. Commentary

    1. Part 1: Border Functions

      1. General customs functions of the Secretary of State

        1. Section 1: General customs functions of the Secretary of State

        2. Section 2: Power of Secretary of State to modify functions

      2. General customs officials

        1. Section 3: Designation of general customs officials

        2. Section 4: Designation: supplementary

        3. Section 5: Directions by the Secretary of State

      3. The Director of Border Revenue

        1. Section 6: The Director of Border Revenue

        2. Section 7: Customs revenue functions of the Director

        3. Section 8: Power of Treasury to modify Director’s functions

        4. Section 9: Delegation of Director’s functions

        5. Section 10: Compliance with directions etc.

      4. Customs revenue officials

        1. Section 11: Designation of customs revenue officials

        2. Section 12: Designation: supplementary

        3. Section 13: Directions by the Director

      5. Use and disclosure of information

        1. Section 14: Use and disclosure of customs information

        2. Section 15: Prohibition on disclosure of personal customs information

        3. Section 16: Exceptions to section 15 prohibition

        4. Section 17: Prohibition on further disclosure

        5. Section 18: Offence of wrongful disclosure

        6. Section 19: Application of statutory provisions

        7. Section 20: Supply of Revenue and Customs information

        8. Section 21: Duty to share information

        9. Section 22: Application of the PACE orders

        10. Section 23: Investigations and detention: England and Wales and Northern Ireland

        11. Section 24: Investigations and detentions: Scotland

        12. Section 25: Short-term holding facilities

      6. Transfer of property etc

        1. Section 26: Transfer schemes

        2. Section 27: Facilities and services

      7. Inspection and oversight

        1. Section 28: Inspections by the Chief Inspector of the UK Border Agency

        2. Section 29: Inspections by Her Majesty’s Inspectors of Constabulary etc.

        3. Section 30: Complaints and misconduct

        4. Section 31: Prosecution of offences

        5. Section 32: Payment of revenue to the Commissioners

        6. Section 33: Power to require payment into the Consolidated Fund

        7. Section 34: Children

      8. Supplementary

        1. Section 35: Power to modify enactments

        2. Section 36: Power to make supplementary etc. provision

        3. Section 37: Subordinate legislation

        4. Section 38: Interpretation

    2. Part 2: Citizenship

      1. Acquisition of British citizenship by naturalisation

        1. Section 39: Application requirements: general

        2. Section 40: Application requirements: family members etc.

        3. Section 41: The qualifying period

      2. Acquisition of British citizenship by birth

        1. Section 42: Children born in UK etc. to members of the armed forces

      3. Acquisition of British citizenship etc. by registration

        1. Section 43: Minors

        2. Section 44: British Nationals (Overseas) without other citizenship

        3. Section 45: Descent through the female line

        4. Section 46: Children born outside UK etc. to members of the armed forces

        5. Section 47: Good character requirement

      4. Interpretation

        1. Section 48: Meaning of references to being in breach of immigration laws

        2. Section 49: Other interpretation etc.

    3. Part 3: Immigration

      1. Section 50: Restriction on studies

      2. Section 51: Fingerprinting of foreign criminals liable to automatic deportation

      3. Section 52: Extension of sections 1 to 4 of the UK Borders Act 2007 to Scotland

    4. Part 4: Miscellaneous and General

      1. Section 53: Transfer of certain immigration judicial review applications

      2. Section 54: Trafficking people for exploitation

      3. Section 55: Duty regarding the welfare of children

      4. Section 56: Repeals

      5. Section 57: Extent

      6. Section 58: Commencement

  6. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


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