PART 4Age Assessments

I149Interpretation of Part etc

I11

In this Part, “age-disputed person” means a person—

a

who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given), and

b

in relation to whom—

i

a local authority,

ii

a public authority specified in regulations under section 50(1)(b), or

iii

the Secretary of State,

has insufficient evidence to be sure of their age.

I12

In this Part—

  • decision-maker” means a person who conducts an age assessment under section 50 or 51;

  • designated person” means an official of the Secretary of State who is designated by the Secretary of State to conduct age assessments under section 50 or 51;

  • immigration functions” means functions exercisable by virtue of the Immigration Acts;

  • immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

  • “local authority”—

    1. a

      in relation to England and Wales, means a local authority within the meaning of the Children Act 1989 (see section 105(1) of that Act),

    2. b

      in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and

    3. c

      in relation to Northern Ireland, means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));

  • public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;

  • specified scientific method” means a method used for assessing a person’s age which is specified in regulations under section 52(1).

I13

In this Part, “relevant children’s legislation” means—

a

in relation to a local authority in England, any provision of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families; care and supervision; protection of children);

b

in relation to a local authority in Wales, Scotland or Northern Ireland, any statutory provision (including a provision passed or made after the coming into force of this Part) that confers a corresponding function on such an authority.

I14

In subsection (3)—

  • corresponding function” means a function that corresponds to a function conferred on a local authority in England by or under Part 3, 4 or 5 of the Children Act 1989;

  • statutory provision” means a provision made by or under—

    1. a

      an Act,

    2. b

      an Act of the Scottish Parliament,

    3. c

      an Act or Measure of Senedd Cymru, or

    4. d

      Northern Ireland legislation.

I25

In section 94 of the Immigration and Asylum Act 1999 (support for asylum-seekers: interpretation), for subsection (7) substitute—

7

For further provision as to the conduct of age assessments, which applies for the purposes of this Part, see Part 4 of the Nationality and Borders Act 2022.