2023 No. 33 (C. 2)
The Nationality and Borders Act 2022 (Commencement No. 4 and Transitional Provision) Regulations 2023
Made
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 84(1) and 87(1) and (2) of the Nationality and Borders Act 20221.
Citation, interpretation and extent1
1
These Regulations may be cited as the Nationality and Borders Act 2022 (Commencement No. 4 and Transitional Provision) Regulations 2023.
2
In these Regulations—
“the 1999 Act” means the Immigration and Asylum Act 19992;
“the 2022 Act” means the Nationality and Borders Act 2022.
3
These Regulations extend to England and Wales, Scotland and Northern Ireland, subject as follows.
4
Regulation 3(e) extends to England and Wales only.
Provisions coming into force on 13th February 20232
1
To the extent they are not already in force, the following provisions of the 2022 Act come into force on 13th February 2023—
a
section 42 (penalty for failure to secure goods vehicle) so far as it relates to the provisions brought into force by sub-paragraphs (b) and (c) of this paragraph;
b
paragraphs 2, 3 and 12 of Schedule 5 (penalty for failure to secure goods vehicle etc);
c
the following paragraphs of Schedule 5, for the purposes mentioned in paragraph (2) of this regulation—
i
paragraphs 1, 4, 5 and 6;
ii
paragraph 7(1), (2) and (5);
iii
paragraph 8(1) and (3) to (6); and
iv
paragraphs 9 to 11.
2
Those purposes are—
a
the imposition of a penalty under section 31A of the 1999 Act (penalty for failure to secure goods vehicle etc)3; and
b
the imposition of a penalty under section 32 of the 1999 Act (penalty for carrying clandestine entrants)4 on a person responsible for a clandestine entrant within the meaning of subsection (1) of that section but limited to clandestine entrants who—
i
arrive in the United Kingdom concealed in a vehicle;
ii
pass, or attempt to pass, through immigration control concealed in a vehicle; or
iii
arrive in the United Kingdom on a ship or aircraft, having embarked—
aa
concealed in a vehicle; and
bb
at a time when the ship or aircraft was outside the United Kingdom,
and claim, or indicate that they intend to seek, asylum in the United Kingdom or evade, or attempt to evade, immigration control; and
c
related matters as set out in sections 31A to 37 and section 43 of the 1999 Act5, in so far as they relate to purposes set out in sub-paragraphs (a) and (b).
Provisions coming into force on 30th January 20233
The following provisions of the 2022 Act come into force on 30th January 2023—
a
section 60 (identification of potential victims of slavery or human trafficking);
b
section 61 (identified potential victims of slavery or human trafficking: recovery period);
c
section 62 (no entitlement to additional recovery period etc);
d
section 63 (identified potential victims etc: disqualification from protection);
e
section 64 (identified potential victims etc in England and Wales: assistance and support);
f
section 65 (leave to remain for victims of slavery or human trafficking);
g
section 68 (disapplication of retained EU law deriving from Trafficking Directive);
h
section 69 (Part 5: interpretation)6 so far as not already in force.
Transitional provision4
The amendments of the 1999 Act brought into force by regulation 2 do not apply in respect of conduct which took place before 13th February 2023.
(This note is not part of the Regulations)
(This note is not part of the Regulations)
The following provisions of the Nationality and Borders Act 2022 (c. 36) have been brought into force by commencement regulations made before the date of these Regulations.
Provision | Date of Commencement | S.I. No. |
|---|---|---|
Section 1 | 28.06.22 | |
Section 2 | 28.06.22 | |
Section 3 | 23.11.22 | |
Section 4 (partially) | 28.06.22 | |
Section 4 (remainder) | 23.11.22 | |
Section 5 | 28.06.22 | |
Section 6 | 28.06.22 | |
Section 7 | 28.06.22 | |
Section 8 | 28.06.22 | |
Section 9 and Schedule 1 (partially) | 28.06.22 | |
Section 11 | 28.06.22 | |
Section 12 | 28.06.22 | |
Section 13(1) and (3) | 28.06.22 | |
Section 14(1), (2), (6) and (7) (remainder) | 28.06.22 | |
Section 14(3) and (5) (partially) | 28.06.22 | |
Section 15 | 28.06.22 | |
Section 16 | 28.06.22 | |
Section 17 | 28.06.22 | |
Section 29 (remainder) and Schedule 4 (partially) | 28.06.22 | |
Section 30(3) | 28.06.22 | |
Section 37 | 28.06.22 | |
Section 40 (partially) | 28.06.22 | |
Section 41 | 28.06.22 | |
Section 43(2) and Schedule 6 (partially) | 24.08.22 | |
Section 45 and Schedule 7 | 28.06.22 | |
Section 46(6) | 28.06.22 | |
Section 47 and Schedule 8 | 28.06.22 | |
Section 48 | 28.06.22 | |
Section 75 | 28.06.22 | |
Section 77 | 28.06.22 | |
Section 79 | 28.06.22 | |
Section 82 (remainder) | 28.06.22 | |