The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021

Statutory Instruments

2021 No. 772

Immigration

The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021

Made

29th June 2021

Coming into force

1st July 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 41(1)(bza) and (3) of the British Nationality Act 1981(1) (“the 1981 Act”), sections 144(1), 144A and 166(3) of the Immigration and Asylum Act 1999(2) (“the 1999 Act”), section 126(1) of the Nationality, Immigration and Asylum Act 2002(3) (“the 2002 Act”) and sections 5, 6(6) and 8 of the UK Borders Act 2007(4) (“the 2007 Act”).

In accordance with section 41(8)(b) of the 1981 Act, section 166(5)(d) of the 1999 Act(5), section 126(8)(b) of the 2002 Act and section 6(6)(e) of the 2007 Act, a draft of these Regulations was laid before and approved by a resolution of each House of Parliament.

(1)

1981 c. 61 (“the 1981 Act”). Section 41(1)(bza) was inserted by section 10(2) of the Immigration Act 2014 (c. 22). Section 41(3) was amended by Schedule 1 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (“the 2002 Act”) and Schedule 3 to the Immigration, Asylum and Nationality Act 2006 (c. 13).

(2)

1999 c. 33 (“the 1999 Act”). Section 144 was amended by section 128 of the 2002 Act and paragraph 2 of Schedule 2 and paragraph 17(3) of Schedule 9 to the Immigration Act 2014. Section 144A was inserted by section 14(2) of the Immigration Act 2014. See section 167(1) for the definition of “prescribed”.

(3)

2002 c.41. Section 126(1) was amended by paragraph 3 of Schedule 2 to the Immigration Act 2014.

(4)

2007 c. 30. Section 8 was substituted by section 14(1) of the Immigration Act 2014. By virtue of section 41(1ZC) of the 1981 Act, section 144A(1) of the 1999 Act and section 126(8A) of the 2002 Act, section 8 applies to biometric information provided in accordance with regulations made under the relevant sections of those Acts as it applies to such information provided in accordance with regulations under section 5 of that Act. Section 144A(2) and (3) of the 1999 Act makes further provision about regulations made by virtue of section 144A(1). Section 6(6) is applied to regulations under section 8 by section 8(9) of that Act.

(5)

Section 166(5) was amended but that amendment is not relevant.