Border Security, Asylum and Immigration Act 2025

1. Introductory Text

2. Part 1 Border security

   1. Chapter 1 The Border Security Commander

      1. 1. The Border Security Commander

      2. 2. Terms and conditions of designation etc

      3. 3. Functions of the Commander

      4. 4. Duty to prepare annual reports

      5. 5. Duties of cooperation etc

      6. 6. The Board

      7. 7. Delegation by the Commander

      8. 8. Designation of an Interim Border Security Commander

      9. 9. Directions and guidance by the Secretary of State

      10. 10. Exclusion of application to the armed forces

      11. 11. Amendment of Schedule 7 to the Data Protection Act 2018

      12. 12. Interpretation

   2. Chapter 2 Other border security provision

      1. Offences: things for use in immigration crime and advertising of unlawful immigration services

         1. 13. Supplying articles for use in immigration crime

         2. 14. Handling articles for use in immigration crime

         3. 15. Sections 13 and 14: meaning of “relevant article”

         4. 16. Collecting information for use in immigration crime

         5. 17. Online advertising of unlawful immigration services

         6. 18. Application of section 17 to internet service providers

         7. 19. Liability for offence under section 17 committed by a body

         8. 20. Offences committed outside the United Kingdom

      2. Endangering another during sea crossing to United Kingdom

         1. 21. Endangering another during sea crossing to United Kingdom

      3. Powers of search etc in relation to electronic devices

         1. 22. Meaning of key expressions

         2. 23. Powers of authorised officers to search for relevant articles

         3. 24. Powers to seize and retain relevant articles

         4. 25. Duty to pass on items seized under section 24

         5. 26. Powers to access, copy and use information stored on relevant articles

         6. 27. Amendment of the Criminal Justice and Police Act 2001

         7. 28. Extension of powers to other persons

         8. 29. Meaning of other expressions

      4. Sharing of information

         1. 30. Supply of customs information by HMRC

         2. 31. Use and disclosure of information supplied under section 30

         3. 32. Further provision about use and disclosure of information under section 31

         4. 33. Supply of trailer registration information

         5. 34. Onwards sharing of information shared under section 33

         6. 35. Sections 30 to 34: general provision about disclosure

         7. 36. Sections 30 to 34: interpretation

      5. Provision of biometric information by evacuees etc

         1. 37. Provision of biometric information by evacuees etc

         2. 38. Use and retention of information taken under section 37

      6. Provision of biometric information at ports in Scotland

         1. 39. Provision of biometric information at ports in Scotland

3. Part 2 Asylum and immigration

   1. Repeal of immigration legislation

      1. 40. Repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024

      2. 41. Repeal of certain provisions of the Illegal Migration Act 2023

      3. 42. Sections 40 and 41: consequential amendments

   2. Immigration advisers and immigration service providers

      1. 43. Immigration advisers and immigration service providers

   3. Deportation etc

      1. 44. Detention and exercise of functions pending deportation

   4. EU Settlement Scheme

      1. 45. EU Settlement Scheme: rights of entry and residence etc

   5. Conditions on leave and bail

      1. 46. Conditions on limited leave to enter or remain and immigration bail

   6. Powers to take biometric information

      1. 47. Powers to take biometric information

   7. Employment

      1. 48. Extension of prohibition on employment to other working arrangements

   8. Appeals

      1. 49. Timeframe for determination of appeal brought by appellant receiving accommodation support

      2. 50. Timeframe for determination of certain appeals brought by non-detained appellants liable to deportation

   9. Refugee Convention

      1. 51. Refugee Convention: particularly serious crime

4. Part 3 Prevention of serious crime

   1. Offences relating to things for use in serious crime

      1. 52. Articles for use in serious crime

      2. 53. Section 52: meaning of “relevant article”

      3. 54. Confiscation of assets

   2. Serious crime prevention orders

      1. 55. Electronic monitoring requirements

      2. 56. Interim serious crime prevention orders

      3. 57. Applicants for making of orders and interim orders

      4. 58. Notification requirements

      5. 59. Orders by Crown Court on acquittal or when allowing an appeal

5. Part 4 Miscellaneous and general

   1. Miscellaneous

      1. 60. Validation of fees charged in relation to qualifications

   2. General

      1. 61. Financial provisions

      2. 62. Consequential and minor provision

      3. 63. Regulations

      4. 64. Extent

      5. 65. Commencement

      6. 66. Short title

6. Schedules

   1. Schedule 1

      Immigration advisers and immigration service providers

      1. 1. Introductory

      2. 2. Power to amend definition of “relevant matters”

      3. 3. (1) In section 166(5) (regulations subject to the affirmative procedure),...

      4. 4. Suspension etc of registration

      5. 5. (1) Section 87 (appeals to First-tier Tribunal) is amended as...

      6. 6. (1) Schedule 6 (registration) is amended as follows.

      7. 7. Provision of immigration advice or immigration services under supervision

      8. 8. After section 84 insert— Limitations on acting under supervision: sanctions...

      9. 9. Monetary penalties

      10. 10. (1) In section 166(5) (regulations subject to the affirmative procedure),...

      11. 11. (1) Schedule 5 is amended as follows.

      12. 12. Fees

      13. 13. In Schedule 6, for paragraph 5 substitute— No application under paragraph 1 or 3 is to be...

      14. 14. The complaints scheme

      15. 15. (1) In section 166(5) (regulations subject to the affirmative procedure),...

      16. 16. Appointment of Immigration Services Commissioner

      17. 17. Appointment of Deputy Immigration Services Commissioner

      18. 18. Acting as Commissioner during vacancy etc

   2. Schedule 2

      Interim serious crime prevention orders: consequential amendments

      1. 1. Serious Crime Act 2007

      2. 2. In section 6 (individual must be 18 or over), after...

      3. 3. In section 7 (other exceptions), in subsections (1), (1A) and...

      4. 4. (1) Section 9 (right of third parties to make representations)...

      5. 5. In section 11 (restrictions on oral answers), after “order” insert...

      6. 6. In section 12 (restrictions for legal professional privilege), in subsections...

      7. 7. In section 13 (restrictions on excluded material and banking information),...

      8. 8. In section 14(1) (restrictions relating to other enactments), after “order”...

      9. 9. In section 15(1) (restrictions on use of information obtained), after...

      10. 10. (1) Section 16 (duration of orders) is amended as follows....

      11. 11. (1) Section 17 (variation of orders) is amended as follows....

      12. 12. (1) Section 18 (discharge of orders) is amended as follows....

      13. 13. (1) Section 20 (powers of Crown Court to vary orders...

      14. 14. (1) Section 21 (powers of Crown Court to vary or...

      15. 15. In section 22 (inter-relationship between different types of orders in...

      16. 16. (1) Section 22B (powers of High Court of Justiciary and...

      17. 17. (1) Section 22C (powers of High Court of Justiciary and...

      18. 18. (1) Section 22D (inter-relationship between different types of orders in...

      19. 19. (1) Section 22E (extension of orders pending outcome of criminal...

      20. 20. (1) Section 23 (additional right of appeal from High Court)...

      21. 21. In section 24 (appeals from Crown Court), in subsections (1),...

      22. 22. (1) Section 24A (additional right of appeal from Court of...

      23. 23. In section 27 (powers to wind up companies etc: England...

      24. 24. In section 27A (powers to wind up companies etc: Scotland),...

      25. 25. In section 28 (powers to wind up companies etc: Northern...

      26. 26. (1) Section 30 (notices to bodies corporate including limited liability...

      27. 27. (1) Section 31 (other partnerships) is amended as follows.

      28. 28. (1) Section 32 (unincorporated associations) is amended as follows.

      29. 29. In section 34 (providers of information society services), in subsections...

      30. 30. In section 35(1) (proceedings in the High Court), after “orders”...

      31. 31. In section 36 (proceedings in the Crown Court), in subsections...

      32. 32. (1) Section 36A (proceedings in the High Court of Justiciary...

      33. 33. (1) Section 38 (disclosure of information in accordance with orders)...

      34. 34. (1) Section 39 (compliance with orders: authorised monitors) is amended...

      35. 35. In section 40(9) (costs in relation to authorised monitors), in...

      36. 36. In section 41 (powers of law enforcement officers to retain...

      37. 37. In section 43 (index of defined expressions), at the appropriate...

      38. 38. (1) Schedule 2 (functions of applicant authorities) is amended as...