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Illegal Migration Act 2023

Contents

Territorial extent and application

  1. Section 67 sets out the territorial extent of the Act, that is the jurisdictions in which the Act forms part of the law. The extent of an Act can be different from its application. Application is about where an Act produces a practical effect.
  2. Subject to the exceptions described below, the provisions in the Act extend and apply to the whole of the UK.
  3. Sections 16 to 19, which makes provision for the Secretary of State to provide or arrange accommodation and other support for unaccompanied children applies to England only, but section 20 enables the Secretary of State to make regulations enabling those sections to apply to Wales, Scotland or Northern Ireland.
  4. Sections 23 to 25 make separate provision in relation to the disapplication of legislation relating to support for potential victims of modern slavery that applies in England and Wales, Scotland and Northern Ireland. Section 28 amends the separate modern slavery legislation that applies in England and Wales, Scotland and Northern Ireland.
  5. Section 56(1) to (5) makes provision for legal aid in England and Wales, while section 56(6) to (15) makes provision for legal aid in Northern Ireland.
  6. See the table in Annex B for a summary of the position regarding territorial extent and application in the UK.

Extent in the Channel Islands, Isle of Man and the British overseas territories

  1. The changes that the Act makes to the 1981 Act extend and apply to the Channel Islands, Isle of Man and the British overseas territories. Section 4(7) to (10) also applies to the Channel Islands, Isle of Man and the British overseas territories for the purposes of enabling regulations made under section 4(7) (making provision for further exceptions to be made to the duty to make arrangements for removal) to make provision for sections 30 to 35 to have effect with modifications to a person to whom such regulations apply. Section 67(7) enables other provisions of the Act to be extended to the Crown Dependencies, with or without modifications, by Order in Council.

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