PART 2PROVISIONS RELATING TO THE USE, RETENTION AND DESTRUCTION OF BIOMETRIC INFORMATION FOR CERTAIN PERSONS WHO ARE SUBJECT TO IMMIGRATION CONTROL

Photographs2.

(1)

A photograph may be taken, by an authorised person, of a person to whom this regulation applies.

(2)

A photograph may be taken under this regulation only during the relevant period.

(3)

A photograph may not be taken under this regulation of a person under the age of sixteen (“the child”) except in the presence of a person of full age who is—

(a)

the child’s parent or guardian; or

(b)

a person who for the time being takes responsibility for the child.

(4)

The person mentioned in paragraph (3)(b) may not be—

(a)

an authorised person; or

(b)

any other person who is an officer of the Secretary of State.

(5)

In this regulation “authorised person” means—

(a)

a constable;

(b)

an immigration officer;

(c)

a prison officer;

(d)

an officer of the Secretary of State authorised for the purpose; or

(e)

a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a removal centre contract.

(6)

In paragraph (5)(e), “contractor” and “removal centre contract” have the same meaning as in section 147 of the 1999 Act8.

(7)

This regulation applies to—

(a)

any person (“A”) who, on arrival in the United Kingdom, is required by an immigration officer to produce a valid passport with photograph or some other document satisfactorily establishing A’s identity and nationality or citizenship and fails to do so;

(b)

any person (“B”) who has been refused leave to enter the United Kingdom but has been granted immigration bail under Schedule 10 to the 2016 Act subject to a condition mentioned in paragraph 2(1)(c) or (d) of that Schedule, if an immigration officer reasonably suspects that B might break the condition9;

(c)

any person (“C”) in respect of whom—

(i)

the Secretary of State has decided to make a deportation order; or

(ii)

section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies;

(d)

any person (“D”) who requires leave to enter or remain in the United Kingdom but does not have it;

(e)

any person (“E”) who has been detained under paragraph 16 of Schedule 2 to the 1971 Act 10 or arrested under paragraph 17 of that Schedule11;

(f)

any person (“F”) who has made a protection claim; and

(g)

any person (“G”) who is—

(i)

a member of the family of a person within any of sub-paragraphs (a), (b) or (d) to (f); or

(ii)

a dependant of a person within sub-paragraph (c)(i).

(8)

For the purposes of paragraph (7)(g)(i), a person is a member of the family of another person (“P”) if—

(a)

the person is—

(i)

P’s partner;

(ii)

P’s child, or a child living in the same household as P in circumstances where P has care of the child;

(iii)

in a case where P is a child, P’s parent; or

(iv)

an adult dependant relative of P; and

(b)

the person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom, and is not an Irish citizen who does not require leave to enter or remain in the United Kingdom (see section 3ZA of the 1971 Act 12).

(9)

For the purposes of paragraph (7)(g)(ii), a person is a dependant of another person (“P”) if—

(a)

the person is P’s partner or child, and

(b)

the person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom, and is not an Irish citizen who does not require leave to enter or remain in the United Kingdom (see section 3ZA of the 1971 Act).

(10)

In paragraphs (8) and (9) “child” means a person who is under the age of 18.

(11)

“The relevant period” begins—

(a)

for A, on A’s failure to produce the passport or other document;

(b)

for B, on the decision to grant B immigration bail;

(c)

for C, when C—

(i)

is notified of the decision mentioned in paragraph (7)(c)(i); or

(ii)

when the provision mentioned in paragraph (7)(c)(ii) applies;

(d)

for D, when D becomes a person to whom this regulation applies;

(e)

for E, on E’s detention or arrest;

(f)

for F, on the making of F’s protection claim; and

(g)

for G, at the same time as for the person of whose family G is a member or whose dependant G is.

(12)

“The relevant period” ends—

(a)

on the earliest of the following—

(i)

the grant of leave to enter or remain in the United Kingdom;

(ii)

for A, B, C, D or E, the person’s removal or deportation from the United Kingdom;

(iii)

for C—

(aa)

the time when the decision mentioned in paragraph (7)(c)(i) ceases to have effect, whether as a result of an appeal or otherwise; or

(bb)

if a deportation order has been made against C, its revocation or its otherwise ceasing to have effect;

(iv)

for D, when D no longer requires leave to enter or remain in the United Kingdom;

(v)

for E, E’s release if E is no longer liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act; and

(vi)

for F, the final determination or abandonment of F’s protection claim;

(b)

for G, at the same time as for the person of whose family G is a member or whose dependant G is.

(13)

No photograph may be taken of A if the immigration officer considers that A has a reasonable excuse for the failure concerned.

(14)

No photograph may be taken of B unless the decision to take it has been confirmed by a chief immigration officer.

(15)

Where a person under the age of sixteen (“the child”) is in the presence of a person referred to in paragraph (3)(a) or (b), an authorised person may not take a photograph of the child unless the decision to take it has been confirmed—

(a)

if the authorised person is a constable, by a person designated for the purpose by the chief constable of the constable’s police force;

(b)

if the authorised person is a person mentioned in paragraph (5)(b) or (e), by a chief immigration officer;

(c)

if the authorised person is a prison officer, by a person designated for the purpose by the governor of the prison; or

(d)

if the authorised person is an officer of the Secretary of State, by a person designated for the purpose by the Secretary of State.

(16)

Neither paragraph (3) nor paragraph (15) prevents an authorised person from taking a photograph if the authorised person reasonably believes that the person of whom it is to be taken is aged sixteen or over.