Immigration and Asylum Bill

Now at: Committee stage, House of Commons · text shown: Bill 105 · as introduced (30 June 2026) · checked 17 October 2026

53 clauses · 34 amend existing law · 26 Acts affected · 5 Schedules

Bill documents (21)

Bill (as introduced) ↗Explanatory Notes ↗Impact Assessment ↗Impact Assessment ↗Delegated Powers Memorandum ↗Delegated Powers Memorandum ↗Human Rights Memorandum ↗Human Rights Memorandum ↗Amendment Paper ↗Bill proceedings: Commons ↗Selection of amendments: Commons ↗Amendment Paper ↗Amendment Paper ↗Amendment Paper ↗Amendment Paper ↗Selection of amendments: Commons ↗Amendment Paper ↗Amendment Paper ↗Amendment Paper ↗Amendment Paper ↗Amendment Paper ↗all documents on Parliament ↗

212 amendments tabled at Committee stage, House of Commons, 62 by the Government, the ones most likely to become law. 69 are new in the last 7 days. So far 22 agreed, 15 rejected and 23 withdrawn or not pressed; the Committee next sits on Tuesday 20 October.

The latestAll amendmentsThe Government’s 62 · Parliament’s record checked 17 October 2026 at 08:33

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Explanatory Notes · the Government’s introduction to the Bill, published with the Bill
Overview of the Bill
1. The Bill focuses on the Government’s aim of establishing a firm but fair immigration system which brings into effect the main reforms announced in the Restoring Order and Control statement in November 2025. 2. The Bill covers the establishment of a new Independent Immigration Appeals Authority, reform of the interpretation of Article 8 of the European Convention on Human Rights and changes to the Modern Slavery regime. Further elements cover the recovery of asylum support costs and ‘core protection’. 3. The aims of the Bill are: a) the creation of a new Independent Immigration Appeals Authority; b) tightening of the application of Article 8 of the European Convention on Human Rights; c) reforming the modern slavery legislative framework to set out the Government’s obligations; d) create new law enforcement measures to tackle exploitation and provide for the identification of and support for children. e) replace asylum/refugee and humanitarian protection claims and grants of leave with a single ‘core protection’ model; and f) establishing a mechanism to require asylum seekers receiving publicly-funded accommodation and other support to contribute once they are able to do so. 4. The Bill includes the following measures: a. Clauses 1 to 16 set out the provisions relating to the new Independent Immigration Appeals Authority b. Clauses 17 to 20 set out the reforms to interpretation of Article 8 of the European Convention on Human Rights c. Clauses 21 and 22 set out the changes to protection status and asylum d. Clauses 23 and 24 set out the asylum support cost measures e. Clauses 25 to 49 set out the reform of the modern slavery system f. Clauses 50 to 53 detail general provisions for the legislation.
Policy background
5. Recent measures to address the scale of illegal arrivals and enable the removal of illegal immigrants have included the establishment of the Border Security Command in July 2024. The Government’s strategy is to adopt a long-term transformative approach to deliver stronger border security through strong leadership, effective partnerships and a long-term vision. While the initial focus has been on dismantling the smuggling networks, its broader aims are to enable smarter, faster and more effective interventions across the entire system to strengthen the UK border. 6. Alongside the establishment of the Border Security Command, the Border Security, Asylum and Immigration (BSAI) Act 2025 provided the tools, powers and offences to transform the cross-system response to the threats against UK border security, including Organised Immigration Crime. It delivered on the Labour party manifesto commitment to create new, transformative powers to strengthen law enforcement’s ability to identify, disrupt and prevent serious and organised crime, through new criminal offences and expanded data-sharing capabilities. These measures were inspired by the approach taken to counter terrorism, enabling earlier intervention against those individuals facilitating organised crime. 7. The Restoring Order and Control statement presented to Parliament by the Secretary of State for the Home Department on 17 November 2025 proposed the reshaping the UK’s protection and settlement offer to make the system faster, firmer and significantly less open to abuse. Its goals are twofold: first, to reduce illegal arrivals into the UK, and secondly, to increase removals of those with no right to be here. 8. The Government will open up new, capped routes for refugees for whom this country will be the first, safe haven they encounter. The Government will make community sponsorship the norm, so that the pace and scale of change does not exceed what a local area is willing to accept. 9. This Bill aims to bring into effect the reforms in the Restoring and Order Control statement which require legislation, introducing key reforms to the appeals system, the modern slavery system and the way that international and domestic legislation is interpreted by decision makers and the courts. The core protection measures taken forward in this legislation seek to place the Government’s obligations in supporting asylum seekers on a clear legal footing to ensure value for money, whilst establishing new systems and processes to rapidly speed up the immigration and asylum system. The measures aim to reduce opportunities for misuse of the modern slavery system while maintaining essential protections, provide law enforcement with enhanced tools to reduce exploitation and strengthen expectations on businesses and public bodies to report on their activity to address modern slavery in their supply chains. 10. The measures in this Bill are part of a broader package of reforms from the Restoring Order and Control statement that are being progressed by this Government. Other measures outside this Bill include: a) Shortened Leave to Remain: On 5 March 2026, the Immigration Rules were changed so that adults and families who claim asylum from 2 March 2026 and are granted protection receive 30 months permission to stay, reduced from 5 years. b) Revoking duty to support: A Statutory Instrument to revoke the duty to support asylum seekers was laid on 5 March 2026, with the reversion to a power to provide support taking effect from 2 June 2026. c) Illegal working: On 5 March, two Statutory Instruments were laid to make illegal working a breach of asylum support rules. The first of these came into force on 27 March 2026, providing the means to suspend or discontinue asylum support for those receiving Section 98 or Section 95 support if there are reasonable grounds to believe the person has been working illegally. On 2 June 2026, the second Statutory Instrument came into force providing the means to suspend or discontinue asylum support for those receiving section 4 support, if there are reasonable grounds to believe the person has been working illegally. d) Ending hotel accommodation: The number of hotels being used has reduced from its peak of around 400 in 2023 to 190. e) Family removals: A pilot of an enhanced Voluntary Returns offer of up to £10,000 per family member, capped at £40,000 per family, commenced on 5 March 2026. The pilot remains ongoing, with the first families having already departed and more in progress. f) Broader ECHR reform: On 15 May 2026, all 46 Council of Europe Member States agreed a consensus Political Declaration on a modernised interpretation of the Convention to address today’s challenges, including illegal migration and foreign national offenders. It underlines the importance of a stronger role for national authorities in decision- making, ensuring appropriate State discretion; confirms that Article 8 should properly balance individual rights and the public interest; and reaffirms that the threshold under Article 3 must remain high and constant. g) Settlement: The government consultation on earned settlement closed on 12 February 2026. The final earned settlement system will be based on these responses. h) Protection ‘Work and Study’ route: The Government is working on the implementation of this policy which will be delivered shortly through Immigration Rules changes. 11. The Government is also working closely with international partners to disrupt the activity of people smugglers operating in Europe and beyond. This includes the agreement of a £662 million muti- year partnership with the French Minister of the Interior, Laurent Nuñez, on law enforcement action, French maritime interventions and intelligence sharing to target smuggling networks at every stage of the route.
Statistics
12. Since 2021, over 460,000 people have claimed asylum in the UK. In the same period just a decade before (2011 – March 2016), that figure was over 165,000. 1 13. Of the 93,500 who have claimed asylum in the year ending March 2026, 42% (39,000) arrived in a small boat. A further 39% (36,700) arrived first by legal means, on a visa or with other leave, before claiming asylum. Around 17,800 arrived by other means.1 14. In the first half of 2024 40,000 people received initial asylum decisions.1 15. Around 97,500 asylum seekers are currently receiving state funded support, with the majority living in asylum accommodation.1 At its peak in 2023, there were 400 asylum hotels across the country, at a daily cost of £9 million. 16. Asylum decision-making has increased significantly in the last two years. Around 209,000 people have received initial asylum decisions since July 2024. As a result, the number of people awaiting an initial decision is now 72% lower than the peak in June 2023, and 59% lower than in June 2024.1 17. In addition, there has been an increase in immigration enforcement activity in the UK, including more than 9,000 arrests during illegal working visits in the year up to December 2025. This amounts to a 60% increase on the same period 12 months prior. 18. Returns have also increased. Since July 2024, there have been over 67, 000 removals. 39,000 returns occurred in the 12 months to the end of March 2026, a 7% increase on the same period in the previous year. Of these, around 5,900 were foreign national offenders, a 13% increase on the same period in the previous year.
Legal background
53. This Bill will amend the following legislation: a. The Immigration Act 1971 (c. 77); b. The House of Commons Disqualification Act 1975 (c. 24); c. The Northern Ireland Assembly Disqualification Act 1975 (c. 25); d. The British Nationality Act 1981 (c. 47); e. The Special Immigration Appeals Commission Act 1997 (c. 68); f. The Northern Ireland Act 1998 (c. 47); g. The Immigration and Asylum Act 1999 (c. 33); h. The Nationality, Immigration and Asylum Act 2002 (c. 41); i. The Courts Act 2003 (c. 39); j. The Access to Justice (Northern Ireland) Order 2003 (N.I. 10); k. The Immigration, Asylum and Nationality Act 2006 (c. 13); l. The UK Borders Act 2007 (c. 30); m. The Tribunals, Courts and Enforcement Act 2007 (c. 15); n. The Equality Act 2010 (c. 15); o. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10); p. The Modern Slavery Act 2015 (c. 30); q. The Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12); r. The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.); s. The Immigration Act 2016 (c. 19); t. The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052); u. The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61); v. The Nationality and Borders Act 2022 (c. 36); w. The Border Security, Asylum and Immigration Act 2025 (c. 31); x. the Scottish Parliament (Disqualification) Order 2025 (S.I. 2025/284); y. The Senedd Cymru (Disqualification) Order 2025 (S.I. 2025/183); z. The Sentencing Act 2026 (c. 2).
Territorial extent and application
54. See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom. 55. There is a convention (“the Sewel Convention”) that the UK Parliament will not normally legislate with regard to matters that are within the legislative competence of the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly without the consent of the legislature concerned. In relation to Scotland and Wales, this convention is enshrined in law (see section 28(8) of the Scotland Act 1998 and section 107(6) of the Government of Wales Act 2006). 56. The following provisions in the Bill involve the UK Parliament legislating for a matter that is within the legislative competence of a devolved legislature, and engage the Legislative Consent Motion process under the Sewel Convention: a) Measures (clause 25(8) and (9)) relating to slavery and trafficking risk orders will engage the LCM process in Scotland and Northern Ireland. b) Provision (clause 35) which allows for nomination of another public authority to be the competent authority to determine whether a child is a victim of modern slavery will engage the LCM process in Scotland, Wales and Northern Ireland. c) Measures which make provision on slavery and human trafficking statements (clauses 44-49), insofar as they relate to obligations on public authorities, will engage the LCM process in Scotland, Wales and Northern Ireland. d) Relating to the IIAA, consequential amendments to legislation to ensure provision of legal aid for appellants and to subject the IIAA to public sector equalities duties as defined in the Northern Ireland Act 1998 (paragraphs 34, 35 and 38 of schedule 1) will engage the LCM process in Northern Ireland. e) Disqualification of a member of the Independent Immigration Appeals Authority from becoming a Member of Parliament in England, Scotland, Wales or Northern Ireland will engage the LCM process in Scotland and Wales (paragraph 2 of schedule 2). 57. The Bill does not extend to the Channel Islands, the Isle of Man or the British Overseas Territories.

Part 1 — The Independent Immigration Appeals Authority

Explanatory Notes · the Government’s introduction to this Part, published with the Bill
Appeals reform
19. The Government considers that despite efforts to improve the immigration and asylum appeals system, only significant changes will have the necessary impact needed to establish a functioning system. The appeals backlog has continued to increase rapidly (from 31,000 in March 2023 to 152,000 in March 2026), with appeals taking 61 weeks on average to be determined. These delays undermine the UK’s ability to swiftly enforce deportations and returns and increase the costs of the immigration system as a whole. 2 20. The Bill establishes a new Independent Immigration Appeals Authority (IIAA) which will be responsible for determining all types of immigration appeal, with the aim of speeding up the process and restoring public confidence in the system. Adjudicators will be responsible for determining the outcomes of appeals. They will have a broad range of skills and backgrounds and will undergo thorough training and assessments. 21. The IIAA will have a range of case management powers to prioritise cases when it considers it appropriate to do so. 22. A single appeal route process will be established to ensure there is no advantage to bringing forward new claims or evidence piecemeal to frustrate the system. There will be a new power for the Secretary of State for the Home Department to instruct individuals to bring forward any basis for which they wish to remain in the UK with all pertinent information included – failure to do so only to raise a claim later when removal from the UK is imminent will result in the Home Office and IIAA considering the claim and any appeal as top priorities in an expedited timescale. 23. Those who exercise their right to appeal to the IIAA will be able to do so with the help of an immigration/legal adviser and/or representative; including with the support of legal aid where eligible. Appellants will be required to confirm they have advice and/or representation, or consent to proceed without it, to lodge a valid appeal. 24. As is the case today in the FTT-IAC, where an appeal is dismissed by the IIAA, there will be a right to onward appeal to the Upper Tribunal on points of law.
1

1 — The Independent Immigration Appeals Authority

new law7 amendments
(1)A body corporate called the Independent Immigration Appeals Authority (the “IIAA”) is established.
(2)The primary function of the IIAA is to decide—
(a)appeals against decisions of the Secretary of State relating to protection claims and human rights claims (see Part 5 of the Nationality, Immigration and Asylum Act 2002),
(b)certain applications for immigration bail (see Schedule 10 to the Immigration Act 2016),
(c)appeals against decisions of the Secretary of State relating to deprivation of citizenship (see section 40A of the British Nationality Act 1981),
(d)appeals against decisions of the Secretary of State under the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as they continue to have effect following their revocation, and
(e)appeals under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61).
(3)Schedule 1 contains amendments consequential on subsection (2) (transferring functions from the First-tier Tribunal to the IIAA).
(4)The IIAA must exercise its primary function with a view to ensuring that justice is done.
(5)In the exercise of its functions, the IIAA must—
(a)aim to be accessible, fair and independent,
(b)aim to handle its cases quickly and efficiently, and
(c)have regard to the public interest, and in particular to the fact that the IIAA operates as a key part of the immigration and asylum system.
(6)Every Minister of the Crown must uphold the independence of the IIAA and, in particular, must not seek to influence particular decisions of the IIAA through any special access to IIAA adjudicators.
(7)The IIAA may do anything it considers appropriate for the purposes of, or in connection with, its primary function.
(8)A decision of the IIAA in the exercise of, or in connection with, its primary function may be questioned in legal proceedings only in accordance with section 6 (power of IIAA to review own decisions) or section 7 (right of appeal to Upper Tribunal).
Explanatory Notes · published by the Government with the Bill
58. Clause 1 establishes the Independent Immigration Appeals Authority (IIAA). It details the primary function of the IIAA which is to determine appeals in relation to the cases listed, as well as its objectives: that justice is done, that it is accessible, fair and independent, that it handles cases quickly and efficiently and that it operates in the public interest. 59. This establishing clause puts a duty on every Minister of the Crown to uphold the IIAA’s independence. 60. Clause 1 also codifies that decisions of the IIAA may only be questioned in legal proceedings in accordance with the power of the IIAA to review its own decisions or the right of appeal to the Upper Tribunal. As a result, judicial reviews are not the appropriate grounds to challenge a matter that has been before the IIAA (including on case management grounds). The types of appeals to be heard by the IIAA are also detailed here. These are: a. Appeals against decisions of the Secretary of State relating to protection claims and human rights claims, b. certain applications for immigration bail, c. appeals against decisions of the Secretary of State relating to deprivation of citizenship, d. appeals against decisions of the Secretary of State under the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as they continue to have effect following their revocation. i. This instrument consolidated into domestic law the Council Directive 2004/38/EC of the 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The 2016 Regulations set out the circumstances in which a person’s free movement rights may be restricted by removing or excluding them from the UK because of the threat their conduct poses. ii. This is intended to cover any outstanding appeals in this area. e. appeals under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) i. This instrument established, from exit day, a right of appeal for EU, other European Economic Area (EEA) and Swiss citizens and their family members against decisions affecting their entitlement to enter and remain in the UK under the EU Settlement Scheme (EUSS) or decisions in relation to EUSS family permits or travel permits.
Amendments tabled 7 · 1 would remove the whole clause · 7 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 6 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 1
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 1, line 3, leave out Clause 1

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 64
Green Party: Siân Berry, Green Spokesperson (Home) Replaces words Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would remove the requirement for the IIAA to “aim to” operate fairly and independently and handle cases quickly and efficiently, so that the IIAA instead has a duty to so act. It would also remove the requirement for the IIAA to have regard to the public interest.

Effect on the clause · the printed text with this amendment applied
1:24justice is done.
2:1(5) In the exercise of its functions, the IIAA must—
2:2(a) aim to be accessible, fair and independent,
2:3(b) aim to handle its cases quickly and efficiently, and
2:4(c) have regard to the public interest, and in particular to the fact that
2:5the IIAA operates as a key part of the immigration and asylum system.
(5) In the exercise of its functions, the IIAA must—
(a) be accessible, fair and independent,
(b) handle its cases quickly and efficiently.
2:6(6) Every Minister of the Crown must uphold the independence of the IIAA and,
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, leave out lines 1 to 5 and insert—
“(5) In the exercise of its functions, the IIAA must—
(a) be accessible, fair and independent,
(b) handle its cases quickly and efficiently.”

This amendment was debated and rejected, following a vote.

Amendment 48
Liberal Democrat: Tom Gordon supported by Mr Paul Kohler Removes words Rejected on a vote
Effect on the clause · the printed text with this amendment applied
2:1(5) In the exercise of its functions, the IIAA must—
2:2(a) aim to be accessible, fair and independent,
2:3(b) aim to handle its cases quickly and efficiently, and
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, line 2, leave out “aim to”

No explanatory statement was published with this amendment.

This amendment was debated and rejected, following a vote.

Amendment 49
Liberal Democrat: Tom Gordon supported by Mr Paul Kohler Removes words Rejected on a vote
Effect on the clause · the printed text with this amendment applied
2:3(b) aim to handle its cases quickly and efficiently, and
2:4(c) have regard to the public interest, and in particular to the fact that
2:5the IIAA operates as a key part of the immigration and asylum system.
2:6(6) Every Minister of the Crown must uphold the independence of the IIAA and,
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, leave out lines 4 and 5

No explanatory statement was published with this amendment.

This amendment was debated and rejected, following a vote.

Amendment 87
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Replaces words Rejected on a vote
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would require the IIAA to give effect to the public interest in effective immigration control, including the prompt removal of those with no right to remain, rather than merely to have regard to the public interest.

Effect on the clause · the printed text with this amendment applied
2:3(b) aim to handle its cases quickly and efficiently, and
2:4(c) have regard to the public interest, and in particular to the fact that
2:5the IIAA operates as a key part of the immigration and asylum system.
(c) give effect to the public interest in the effective enforcement of immigration control, including the prompt removal from the United Kingdom of persons who have no right to remain, having regard to the fact that the IIAA operates as a key part of the immigration and asylum system.
2:6(6) Every Minister of the Crown must uphold the independence of the IIAA and,
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, line 4, leave out paragraph (c) and insert—
“(c) give effect to the public interest in the effective enforcement of immigration control, including the prompt removal from the United Kingdom of persons who have no right to remain, having regard to the fact that the IIAA operates as a key part of the immigration and asylum system.”

This amendment was debated and rejected, following a vote.

Amendment 65
Green Party: Siân Berry, Green Spokesperson (Home) Removes words Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would remove the provision which prevents individuals from being able to initiate judicial review proceedings against decisions made by the IIAA.

Effect on the clause · the printed text with this amendment applied
2:10in connection with, its primary function.
2:11(8) A decision of the IIAA in the exercise of, or in connection with, its primary
2:12function may be questioned in legal proceedings only in accordance with
2:13section 6 (power of IIAA to review own decisions) or section 7 (right of appeal
2:14to Upper Tribunal).
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, leave out lines 11 to 14

This amendment was debated and rejected, following a vote.

Amendment 85
Conservative: Chris Philp, Shadow Home Secretary supported by Matt Vickers Removes words Rejected on a vote
Explanatory statement · what it would do, in the words of Chris Philp

This amendment would mean that IIAA decisions could not be appealed to the upper tribunal.

Effect on the clause · the printed text with this amendment applied
2:12function may be questioned in legal proceedings only in accordance with
2:13section 6 (power of IIAA to review own decisions) or section 7 (right of appeal
2:14to Upper Tribunal).
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, line 13, leave out from “decisions)” to the end of line 14

This amendment was debated and rejected, following a vote.

2

2 — Membership of the IIAA

new law6 amendments · 3 Government
(1)The IIAA is to consist of—
(a)the following non-executive members—
(i)the Chair;
(ii)the Professional Standards Officer, and
(b)the following executive members—
(i)the Chief Executive;
(ii)the Chief Appeals Officer;
(iii)the IIAA adjudicators.
(2)The non-executive members are to be appointed by the Secretary of State.
(3)The first Chief Executive and the first Chief Appeals Officer are to be appointed by the Secretary of State.
(4)Subsequent Chief Executives and Chief Appeals Officers are to be appointed by the Chair, following consultation with the Professional Standards Officer.
(5)The IIAA adjudicators are to be appointed by the Chief Executive.
(6)An IIAA adjudicator may be appointed either as a senior adjudicator or as an executive adjudicator.
(7)A person may not be appointed as the Professional Standards Officer or the Chief Appeals Officer unless—
(a)they are—
(i)a barrister in England and Wales,
(ii)a solicitor of the Senior Courts of England and Wales,
(iii)a person authorised by the Chartered Institute of Legal Executives to practise as a chartered legal executive,
(iv)an advocate or solicitor in Scotland, or
(v)a barrister or solicitor in Northern Ireland,
and have practised as such for at least five years, or
(b)they have experience in law-related activities which, in the opinion of the Chief Executive, makes them as suitable for appointment as if they fell within paragraph (a).
(8)A person may not be appointed as a senior adjudicator unless—
(a)they are—
(i)a barrister in England and Wales,
(ii)a solicitor of the Senior Courts of England and Wales,
(iii)a person authorised by the Chartered Institute of Legal Executives to practise as a chartered legal executive,
(iv)an advocate or solicitor in Scotland, or
(v)a barrister or solicitor in Northern Ireland,
and have practised as such for at least two years, or
(b)they have experience in law-related activities which, in the opinion of the Chief Executive, makes them as suitable for appointment as if they fell within paragraph (a).
(9)Section 52(4) and (5) of the Tribunals, Courts and Enforcement Act 2007 (meaning of “law-related activities”) apply for the purposes of subsections (7)(b) and (8)(b), but as if section 52(4)(i) referred to the Chief Executive instead of to the relevant decision-maker.
(10)Schedule 2 makes further provision about the membership and proceedings of the IIAA.
Explanatory Notes · published by the Government with the Bill
61. Clause 2 makes provision for the membership of the IIAA. It sets out the non-executive members (Chair and Professional Standards Officer (PSO)) and executive members (Chief Executive (CE) and Chief Appeals Officer (CAO) and IIAA adjudicators) that the IIAA will consist of, how they will be appointed, and the eligibility requirements that specific roles will have. 62. The clause also sets out the eligibility requirements for roles in the IIAA requiring legal experience which are the Senior Adjudicator, the CAO and the PSO. The definition of ‘law-related activities’ in the Tribunal Courts and Enforcement Act (TCEA) 2007 is used here so that the CE can consider any of the activities set out in Section 52 (4) and (5) of the TCEA 2007 as making someone eligible for these roles. The senior adjudicator role requires two years of relevant legal experience and the CAO and PSO require five years of relevant legal experience. The requirement is sufficiently broad to allow experience as an adjudicator to make someone eligible for these positions. 63. Responsibility for appointment of the non-executive members (the Chair and the PSO) sits with the Secretary of State. Responsibility for executive appointments (the CE and CAO) sits with the Secretary of State in the first instance, with the Chair taking on responsibility for appointment of those officers subsequently, to reinforce the IIAA’s independence from Government insofar as possible. The Chair will also be expected to consult the PSO when making these appointments in future. All appointments to the IIAA will be on the basis of merit and subject to fair and open competition principles. (as set out at paragraph 2 of Schedule 2). 64. The clause establishes that IIAA adjudicators are to be appointed by the Chief Executive of the IIAA. 65. Clause 2 also introduces Schedule 2 which makes further provision about the membership and proceedings of the IIAA.
Amendments tabled 6, including 3 from the Government · 1 would remove the whole clause · 6 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 3 agreed, 2 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 2
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 2, line 15, leave out Clause 2

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 66
Green Party: Siân Berry, Green Spokesperson (Home) Replaces words Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would require the Chair, Chief Executive, Chief Appeals Officer, Professional Standards Officer and adjudicators of the IIAA to be appointed by the Judicial Appointments Commission.

Effect on the clause · the printed text with this amendment applied
2:23(iii) the IIAA adjudicators.
2:24(2) The non-executive members are to be appointed by the Secretary of State.
2:25(3) The first Chief Executive and the first Chief Appeals Officer are to be
2:26appointed by the Secretary of State.
2:27(4) Subsequent Chief Executives and Chief Appeals Officers are to be appointed
2:28by the Chair, following consultation with the Professional Standards Officer.
(2) The executive and non-executive members of the IIAA specified in subsection (1) are to be appointed by the Judicial Appointments Commission.
2:29(5) The IIAA adjudicators are to be appointed by the Chief Executive.
The amendment · as tabled, addressed to the printed Bill
Clause 2, page 2, leave out lines 24 to 28 and insert—
“(2) The executive and non-executive members of the IIAA specified in subsection (1) are to be appointed by the Judicial Appointments Commission.”

This amendment was debated and rejected, following a vote.

Amendment 25 Government
Anna Turley, Minister of State (Home Office) Replaces words Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment, together with amendment 26, would mean that, as regards the appointment of a Professional Standards Officer who does not meet the criteria in clause 2(7)(a), it would be the Chair, rather than the Chief Executive, who determines whether they have sufficient experience.

Effect on the clause · the printed text with this amendment applied
3:3(b) they have experience in law-related activities which, in the opinion of
3:4the Chief Executiverelevant person, makes them as suitable for appointment as if they
3:5fell within paragraph (a).
The amendment · as tabled, addressed to the printed Bill
Clause 2, page 3, line 4, leave out “Chief Executive” and insert “relevant person”

This amendment was agreed to.

Amendment 26 Government
Anna Turley, Minister of State (Home Office) Adds words Agreed
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 25.

Effect on the clause · the printed text with this amendment applied
3:4the Chief Executive, makes them as suitable for appointment as if they
3:5fell within paragraph (a).
(7A) In subsection (7)(b), “relevant person”—
(a) in relation to the appointment of the Professional Standards Officer, means the Chair;
(b) in relation to the appointment of the Chief Appeals Officer, means the Chief Executive.
3:6(8) A person may not be appointed as a senior adjudicator unless—
The amendment · as tabled, addressed to the printed Bill
Clause 2, page 3, line 5, at end insert—
“(7A) In subsection (7)(b), “relevant person”—
(a) in relation to the appointment of the Professional Standards Officer, means the Chair;
(b) in relation to the appointment of the Chief Appeals Officer, means the Chief Executive.”

This amendment was agreed to.

Amendment 67
Green Party: Siân Berry, Green Spokesperson (Home) Replaces words Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would require all adjudicators deciding appeals for the IIAA to have legal qualifications or experience.

Effect on the clause · the printed text with this amendment applied
3:5fell within paragraph (a).
3:6(8) A person may not be appointed as a senioran adjudicator unless—
3:7(a) they are—
The amendment · as tabled, addressed to the printed Bill
Clause 2, page 3, line 6, leave out "a senior" and insert “an”

This amendment was debated and rejected, following a vote.

Amendment 27 Government
Anna Turley, Minister of State (Home Office) Replaces words Consequential Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on amendments 25 and 26.

Effect on the clause · the printed text with this amendment applied
3:19(meaning of “law-related activities”) apply for the purposes of subsections
3:20(7)(b) and (8)(b), but as if section 52(4)(i) referred to the Chief ExecutiveChair or the Chief Executive (as the case may be)
3:21instead of to the relevant decision-maker.
The amendment · as tabled, addressed to the printed Bill
Clause 2, page 3, line 20, leave out “Chief Executive” and insert “Chair or the Chief Executive (as the case may be)”

This amendment was agreed to.

3

3 — Powers and duties of IIAA members

new law2 amendments
(1)The IIAA adjudicators are responsible for exercising the primary function of the IIAA but are not responsible for exercising any of the other functions of the IIAA (subject to subsection (4)).
(2)The Chief Executive is responsible for ensuring that IIAA adjudicators receive adequate training and support.
(3)The Chief Appeals Officer is responsible for—
(a)the allocation of cases to IIAA adjudicators,
(b)organising a system of legal support for IIAA adjudicators,
(c)overseeing the quality of decisions made by IIAA adjudicators, and
(d)developing a quality assurance mechanism.
(4)The Chief Appeals Officer may delegate any of the functions mentioned in subsection (3) to a senior adjudicator.
(5)A delegation of a function under subsection (4) —
(a)may be made subject to restrictions or conditions;
(b)does not prevent the Chief Appeals Officer from exercising the function.
(6)The Professional Standards Officer—
(a)is responsible for setting standards required of IIAA adjudicators and ensuring that the standards are maintained, and
(b)must prepare and publish a code of conduct for IIAA adjudicators.
(7)The Chief Executive may send to the Secretary of State written representations on matters that the Chief Executive considers to be of importance relating—
(a)to IIAA members, or
(b)otherwise to the administration of justice by the IIAA,
and the Secretary of State must lay any such representations before Parliament.
Explanatory Notes · published by the Government with the Bill
66. Clause 3 sets out the governance structure of the IIAA, including the separation of adjudicative, operational and oversight functions. It provides that adjudicators alone have the authority to decide appeals, and will be trained and recruited independently by the IIAA. Adjudicators will not be responsible for exercising the other functions of the IIAA set out in this section. 67. The CE is responsible for the training of IIAA adjudicators and their appointment. This role is given a power to send written representations to the Secretary of State on matters relating to IIAA members and the IIAA’s operations that the Secretary of State must lay before Parliament. The CE may use this power to raise matters relating to the operations or independence of the IIAA with the Secretary of State and Parliament. 68. The CAO is to be considered the head of the adjudicative profession and will be responsible for the quality of legal decision making in the IIAA. They are responsible for overseeing the quality of decisions made by IIAA adjudicators at a macro level. They have no authority to intervene in an adjudicator’s decision, as only adjudicators have the authority to perform the IIAA’s primary function. 69. The CAO can delegate any of their powers to a senior adjudicator. Given their legal expertise, it is anticipated that senior adjudicators would have a role in allocating cases to the IIAA’s adjudicators, as well as identifying individual training needs of the adjudicators in their area. Senior adjudicators, as adjudicators, can still make decisions on appeals, in addition to these other delegated powers. 70. The PSO is to be responsible for setting the professional standards required of IIAA adjudicators, in addition to preparing the code of conduct for the profession. As a non-executive member, the office holder will operate separately from operational delivery within the IIAA and act as an internal guarantor of the standards they set. In practice, they will establish the initial framework for the training of adjudicators, in line with their responsibility for setting professional standards. They will also hold the CE to account for ensuring recruitment processes align with the Code of Conduct.
Amendments tabled 2 · 1 would remove the whole clause · 2 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 0 rejected, 2 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 3
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 3, line 24, leave out Clause 3

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 88
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Withdrawn
Explanatory statement · what it would do, in the words of Blake Stephenson

This probing amendment would require the IIAA to publish annual data on the quality of its decisions, including data on onward appeals, decisions set aside by the Upper Tribunal and internal reviews.

Effect on the clause · the printed text with this amendment applied
3:33(c) overseeing the quality of decisions made by IIAA adjudicators, and
3:34(d) developing a quality assurance mechanism.
(3A) The Chief Appeals Officer must, for each financial year, publish—
(a) the number of applications for permission to appeal to the Upper Tribunal against decisions of the IIAA, and the number of such applications granted;
(b) the number and proportion of decisions of the IIAA set aside by the Upper Tribunal; and
(c) the number of decisions reviewed under section 6, and the outcome of those reviews.
3:35(4) The Chief Appeals Officer may delegate any of the functions mentioned in
The amendment · as tabled, addressed to the printed Bill
Clause 3, page 3, line 34, at end insert—
“(3A) The Chief Appeals Officer must, for each financial year, publish—
(a) the number of applications for permission to appeal to the Upper Tribunal against decisions of the IIAA, and the number of such applications granted;
(b) the number and proportion of decisions of the IIAA set aside by the Upper Tribunal; and
(c) the number of decisions reviewed under section 6, and the outcome of those reviews.”

This amendment was withdrawn after debate and no decision was taken on it.

4

4 — IIAA Procedure Rules

new law2 amendments
(1)The practice and procedure to be followed in cases before the IIAA is to be governed by IIAA Procedure Rules.
(2)Schedule 3 makes further provision about IIAA Procedure Rules (but does not limit the power for the Rules to make other provision about practice and procedure).
(3)IIAA Procedure Rules are to be made by the IIAA Procedure Rules Board (see section 5).
(4)Before making IIAA Procedure Rules, the IIAA Procedure Rules Board must consult such persons as it considers appropriate.
(5)When exercising the power to make IIAA Procedure Rules, the IIAA Procedure Rules Board must have regard to the desirability of securing the objectives set out in section 1(4) and (5).
(6)The IIAA must take such steps as are reasonably practicable to bring information about the IIAA Procedure Rules to the attention of people likely to be affected by them.
(7)IIAA Procedure Rules are to be made by statutory instrument.
(8)A statutory instrument containing IIAA Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.
(9)The Statutory Instruments Act 1946 applies in relation to the power of the IIAA Procedure Rules Board to make IIAA Procedure Rules under this section as if the IIAA Procedure Rules Board were a Minister of the Crown.
Explanatory Notes · published by the Government with the Bill
71. Clause 4 provides that the practice and procedure for cases before the IIAA will be governed by a set of statutory Procedure Rules, made by the IIAA Procedure Rules Board. It sets out how those Rules are to be developed, including a requirement to consult with those it considers appropriate. The IIAA will have powers to lay the Rules through statutory instrument, as if it were a Minister of the Crown. The Rules will be subject to Parliamentary scrutiny under the negative procedure. 72. This safeguards the operational independence of the IIAA by placing control of its procedural framework in the hands of an independent Board, rather than Ministers. It mirrors the existing Tribunal Procedure Committee (although unlike that system, where the Lord Chancellor has a role in allowing/disallowing the Rules, no Minister will be required to agree the Rules). 73. Clause 4 also introduces Schedule 3 which makes further provision about the content of IIAA Procedure Rules.
Amendments tabled 2 · 1 would remove the whole clause · 2 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 1 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 4
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 4, line 10, leave out Clause 4

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 63
Green Party: Siân Berry, Green Spokesperson (Home) Replaces words Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would make the requirements relating to the IIAA Procedure Board equivalent to those of the Tribunal Procedure Committee when exercising its power to make rules.

Effect on the clause · the printed text with this amendment applied
4:20(5) When exercising the power to make IIAA Procedure Rules, the IIAA Procedure
4:21Rules Board must have regard to the desirability ofdo so with a view to securing the objectives
4:22set out in section 1(4) and (5).
The amendment · as tabled, addressed to the printed Bill
Clause 4, page 4, line 21, leave out “have regard to the desirability of” and insert “do so with a view to”

This amendment was debated and rejected, following a vote.

5

5 — The IIAA Procedure Rules Board

new law1 amendment
(1)The IIAA Procedure Rules Board is to consist of—
(a)the Chief Executive,
(b)the Chief Appeals Officer,
(c)the Professional Standards Officer, and
(d)any standing members appointed by the Chair.
(2)The Chair may appoint a person to be a standing member of the IIAA Procedure Rules Board only if the Chair considers that—
(a)they have sufficient experience in matters relating to the IIAA’s primary function, or
(b)their expertise may be helpful in developing IIAA Procedure Rules in specialist areas.
(3)The IIAA may reimburse a person appointed under subsection (1)(d) their expenses.
Explanatory Notes · published by the Government with the Bill
74. Clause 5 sets out which of the IIAA members will sit on the Procedure Rules Board. It also provides for the Chair to appoint standing members to the IIAA in specialist areas. 75. The make-up of the Procedure Rules Board is intended to include adequate legal expertise to ensure that the Rules are fit for purpose, whilst also including operational expertise in the form of the CE. The option to appoint further standing members will enable the Chair to ensure that the Board can make Rules in areas requiring specialist expertise where relevant.
Amendments tabled 1 · 1 would remove the whole clause · 1 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 5
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 4, line 32, leave out Clause 5

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

6

6 — Power of IIAA to review its own decisions

new law2 amendments · 1 Government
(1)The IIAA may review a decision made by it—
(a)on its own initiative, or
(b)on an application by a party to the proceedings concerned.
(2)A review under this section must be carried out by an IIAA adjudicator.
(3)Where an IIAA adjudicator reviews a decision, they may do any of the following—
(a)correct errors in the decision or in a record of the decision;
(b)amend reasons given for the decision;
(c)re-make the decision.
(4)A decision of the IIAA may not be reviewed under this section more than once (and a decision that has been re-made under subsection (3)(c) may not be reviewed under this section).
Explanatory Notes · published by the Government with the Bill
76. Clause 6 allows the IIAA to reconsider its decisions once, to correct errors or re-make them, either on request or on its own initiative.
Amendments tabled 2, including 1 from the Government · 1 would remove the whole clause · 2 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 1 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 6
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 5, line 9, leave out Clause 6

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 36 Government
Anna Turley, Minister of State (Home Office) Adds words Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment would mean that reviews under clause 6 may only be undertaken on the grounds of an error of law. Errors of fact may be dealt with under IIAA Procedure Rules made under paragraph 17 of Schedule 3.

Effect on the clause · the printed text with this amendment applied
5:11(a) on its own initiative, or
5:12(b) on an application by a party to the proceedings concerned.
(1A) The IIAA may undertake a review of a decision under this section only for the purposes of determining whether the decision contains an error of law.
5:13(2) A review under this section must be carried out by an IIAA adjudicator.
The amendment · as tabled, addressed to the printed Bill
Clause 6, page 5, line 12, at end insert—
“(1A) The IIAA may undertake a review of a decision under this section only for the purposes of determining whether the decision contains an error of law.”

This amendment was agreed to.

7

7 — Right of appeal to Upper Tribunal

new law2 amendments
(1)A party to any proceedings before the IIAA may appeal to the Upper Tribunal on any point of law arising from a decision made by the IIAA in those proceedings.
(2)An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the IIAA or the Upper Tribunal has given its permission for the appeal to be brought.
(3)Section 11A(1) to (4) of the Tribunals, Courts and Enforcement Act 2007 (finality of decisions by Upper Tribunal about permission to appeal) apply in relation to a decision of the Upper Tribunal to refuse permission under subsection (2) as they apply in relation to a decision to refuse permission under section 11(4)(b) of that Act.
(4)Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) applies in relation to an appeal to the Upper Tribunal under this section as it applies in relation to an appeal to it under section 11 of that Act, but as if references to the First-tier Tribunal were to the IIAA.
Explanatory Notes · published by the Government with the Bill
77. Subject to permission being given by the IIAA or Upper Tribunal, clause 7 provides for decisions of the IIAA to be appealed to the Upper Tribunal on a point of law. It mirrors the existing onward appeal route from the First-tier Tribunal, allowing the Upper Tribunal to either remake a decision itself or remit the case back to the IIAA for a new decision.
Amendments tabled 2 · 2 would remove the whole clause · 2 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 0 rejected, 2 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 7
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 5, line 22, leave out Clause 7

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 86
Conservative: Chris Philp, Shadow Home Secretary supported by Matt Vickers Would remove the whole clause Withdrawn before debate
The amendment · as tabled, addressed to the printed Bill
Page 5, line 22, leave out Clause 7

No explanatory statement was published with this amendment.

This amendment was withdrawn.

8

8 — Regulations about time periods

new law3 amendments
(1)The Secretary of State may make regulations setting out the time period within which the IIAA must—
(a)decide an appeal or bail application, or
(b)take any other steps in proceedings.
(2)The regulations may make provision for a time period to be extended (on one or more occasions), by a total period not longer than that specified in the regulations, where the IIAA decides that an extension is necessary on the grounds that—
(a)it would not be reasonably practicable for the IIAA to comply with the time period, or
(b)it would not be in the interests of justice for the IIAA to comply with the time period.
(3)The regulations may make provision for a time period to be extended—
(a)on an application by a party to the proceedings, or
(b)on the IIAA’s own initiative.
(4)The regulations must provide that a time period set out in the regulations does not apply or, as the case may be, ceases to apply, in relation to an appeal that must be brought, or must be continued, from outside the United Kingdom.
(5)The IIAA must have a procedure for ensuring that the Chief Executive is made aware of any proceedings—
(a)which fail to comply with a requirement of regulations under this section, or
(b)in relation to which a time period is extended.
(6)The annual report of the IIAA (see paragraph 11 of Schedule 2) must include such details about—
(a)proceedings where the IIAA has failed to comply with a requirement of regulations under this section, and
(b)proceedings in relation to which a time period has been extended,
as are required by regulations made by the Secretary of State.
(7)Before making regulations under this section, the Secretary of State must consult the IIAA.
Explanatory Notes · published by the Government with the Bill
78. This clause gives the Secretary of State power to make regulations setting out the time periods within which the IIAA should decide certain appeals and bail applications or take any other step in proceedings. This enables expedition of cohorts of cases by the Secretary of State following consultation with the IIAA. 79. Clause 8(5) require the IIAA have a procedure to ensure the Chief Executive is made aware where it has failed to comply with the timeframe, alongside annual reporting on timeliness. 80. This does not take away the independence of the IIAA Procedure Rules Board. Instead, it aims to complement the practice and procedures set by the IIAA Procedure Rules Board, while improving consistency and accountability within the IIAA.
Amendments tabled 3 · 1 would remove the whole clause · 3 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 2 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 8
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 6, line 1, leave out Clause 8

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 83
Green Party: Siân Berry, Green Spokesperson (Home) Replaces words Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would expand the list of those whom the Secretary of State must consult before making regulations about time periods for IIAA proceedings to include people and organisations with experience of the immigration system.

Effect on the clause · the printed text with this amendment applied
6:31(7) Before making regulations under this section, the Secretary of State must
6:32consult the IIAA.
The amendment · as tabled, addressed to the printed Bill
Clause 8, page 6, line 32, leave out “the IIAA” and insert “individuals and organisations with an interest in how the IIAA operates, including—
Show the full text (5 lines)
(a) the IIAA,
(b) people granted protection status,
(c) people with lived experience of the asylum system,
(d) legal practitioners and organisations representing the interests of people with, or seeking, protection status, and
(e) such other persons as the Secretary of State considers appropriate.”

This amendment was debated and rejected, following a vote.

Amendment 89
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Rejected on a vote
Explanatory statement · what it would do, in the words of Blake Stephenson

This probing amendment would require the first time-period regulations to be made within six months of the IIAA being established, and the IIAA to report how often deadlines are extended.

Effect on the clause · the printed text with this amendment applied
6:31(7) Before making regulations under this section, the Secretary of State must
6:32consult the IIAA.
(8) The first regulations under subsection (1) must be made before the end of the period of six months beginning with the day on which section 1 comes into force.
(9) The annual report of the IIAA must state the proportion of proceedings in which a time period set out in regulations under this section was extended.
The amendment · as tabled, addressed to the printed Bill
Clause 8, page 6, line 32, at end insert—
“(8) The first regulations under subsection (1) must be made before the end of the period of six months beginning with the day on which section 1 comes into force.
(9) The annual report of the IIAA must state the proportion of proceedings in which a time period set out in regulations under this section was extended.”

This amendment was debated and rejected, following a vote.

9

9 — Expedition of cases on request by Secretary of State

new law3 amendments · 1 Government
(1)If the Secretary of State considers that it would be in the public interest for proceedings before the IIAA relating to an appeal or bail application to be expedited, the Secretary of State may make a written request to the IIAA (an “expedition request”) that the IIAA—
(a)decide the appeal or bail application, or
(b)take any other steps in the proceedings,
by a date specified in the request.
(2)On receipt of an expedition request, the IIAA must—
(a)approve the request and expedite the case accordingly, or
(b)decline the request.
(3)The IIAA may decline an expedition request only on the grounds that—
(a)it would not be reasonably practicable for the IIAA to comply with the request, or
(b)it would not be in the interests of justice for the IIAA to comply with the request.
(4)The Secretary of State may make regulations setting out the process for an expedition request, including—
(a)the information that the Secretary of State must give to the IIAA when making a request;
(b)the time period within which the IIAA must approve or decline a request;
(c)the information that the IIAA must give to the Secretary of State once it has decided whether to approve or decline a request.
(5)The annual report of the IIAA (see paragraph 11 of Schedule 2) must include such details about cases where the Secretary of State has made an expedition request as are required by regulations made by the Secretary of State.
(6)Before making regulations under this section, the Secretary of State must consult the IIAA.
Explanatory Notes · published by the Government with the Bill
81. This clause enables the Secretary of State to request the expedition of an individual appeal or bail application on public interest grounds. 82. Clause 9(4) allows the Secretary of State to make regulations setting out the process for a request to expedite an appeal, including the information that the Secretary of State must give to the IIAA when making a request and the time period within which the IIAA must deal with the request. This allows the Secretary of State to ask the IIAA to expedite individual cases where there is public interest in doing so. 83. To ensure the IIAA’s independence, clause 9(3) makes it clear that the decision on whether to grant the Secretary of State's request for expedition rests with the IIAA. The IIAA can either grant the request or decline it if it considers that it would not be reasonably practicable for it to comply with the expedition request or it would not be in the interests of justice to do so.
Amendments tabled 3, including 1 from the Government · 1 would remove the whole clause · 3 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 1 agreed, 1 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 9
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 6, line 33, leave out Clause 9

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 37 Government
Anna Turley, Minister of State (Home Office) Adds words Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment would mean that, in considering whether to grant immigration bail, the decision-maker must have regard to whether the applicant’s proceedings were being expedited pursuant to clause 9 of the Bill (as well as whether the late claims process applies: see clause 12(3)).

Effect on the clause · the printed text with this amendment applied
7:20(6) Before making regulations under this section, the Secretary of State must
7:21consult the IIAA.
(7) In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 3 (exercise of power to grant immigration bail), in sub-paragraph (2), after paragraph (e) insert—
“(eza) whether any proceedings before the IIAA relating to the person are being expedited pursuant to a request by the Secretary of State under section 9 of the Immigration and Asylum Act 2026,
The amendment · as tabled, addressed to the printed Bill
Clause 9, page 7, line 21, at end insert—
“(7) In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 3 (exercise of power to grant immigration bail), in sub-paragraph (2), after paragraph (e) insert—
“(eza) whether any proceedings before the IIAA relating to the person are being expedited pursuant to a request by the Secretary of State under section 9 of the Immigration and Asylum Act 2026,”

This amendment was agreed to.

Amendment 90
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Rejected on a vote
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would require the IIAA to expedite appeals brought by foreign criminals liable to deportation rather than leaving expedition to a discretionary request by the Home Secretary.

Effect on the clause · the printed text with this amendment applied
7:20(6) Before making regulations under this section, the Secretary of State must
7:21consult the IIAA.
(7) The IIAA must expedite any appeal brought by a person who—
(a) is liable to deportation under section 3(5)(a) or (6) of the Immigration Act 1971, and
(b) has been convicted of an offence in the United Kingdom or elsewhere,
and subsection (3) applies in relation to such an appeal as if the Secretary of State had made an expedition request.
The amendment · as tabled, addressed to the printed Bill
Clause 9, page 7, line 21, at end insert—
“(7) The IIAA must expedite any appeal brought by a person who—
(a) is liable to deportation under section 3(5)(a) or (6) of the Immigration Act 1971, and
(b) has been convicted of an offence in the United Kingdom or elsewhere,
and subsection (3) applies in relation to such an appeal as if the Secretary of State had made an expedition request.”

This amendment was debated and rejected, following a vote.

10

10 — Charging power in respect of wasted resources

new law1 amendment
(1)If, in respect of proceedings before the IIAA, the IIAA considers that—
(a)a relevant participant has acted improperly, unreasonably or negligently, and
(b)as a result, the IIAA’s resources have been wasted,
it may charge the participant an amount under this section.
(2)Subsection (1) is subject to IIAA Procedure Rules (and see paragraph 16 of Schedule 3).
(3)For the purposes of this section “relevant participant”, in respect of proceedings, means—
(a)a party to the proceedings,
(b)a representative of a party to the proceedings, or
(c)an employee of such a representative.
(4)A person may be found to have acted improperly, unreasonably or negligently for the purposes of subsection (1) by reason of having failed to act in a particular way.
(5)The IIAA must pay any amounts it receives under this section into the Consolidated Fund.
Explanatory Notes · published by the Government with the Bill
84. This clause allows the IIAA to charge a relevant participant in proceedings where it considers that they have acted improperly, unreasonably or negligently, and that this has resulted in the IIAA’s resources being wasted. A relevant participant includes parties to proceedings, representatives of parties, and employees of representatives. Any money charged under this power must be paid into the Consolidated Fund. 85. This provides a proportionate mechanism for the IIAA to respond where poor conduct by a party or representative creates avoidable delay or unnecessary work, while leaving the detailed operation and safeguards to be set out by the IIAA Procedure Rules Board in its Procedure Rules.
Amendments tabled 1 · 1 would remove the whole clause · 1 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 10
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 7, line 22, leave out Clause 10

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Proposed new clause from the Government, to go after clause 10: Enforcement New clause 1 · Not yet debated
New clause 1 EnforcementGovernment
Anna Turley, Minister of State (Home Office) New clause Not yet debated
Explanatory statement · what it would do, in the words of the Government

This new clause would insert a new clause, to go after clause 10, which makes provision about the enforcement of the payment of any sums required to be paid by virtue of decisions of the IIAA.

The proposed clause · as tabled
Show the full text (9 lines)
(1) A sum payable in pursuance of a decision of the IIAA is recoverable in England and Wales as if it were payable under an order of the county court.
(2) A sum payable in pursuance of a decision of the IIAA may be enforced in Scotland in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(3) A sum payable in pursuance of a decision of the IIAA is recoverable in Northern Ireland as if it were payable under an order of the county court.
(4) Where action is taken under this section for the recovery of a sum payable in pursuance of a decision of the IIAA, the decision—
(a) in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;
(b) in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
(5) IIAA Procedure Rules may provide for any or all of subsections (1) to (4)—
(a) to apply only in relation to sums of a description specified in the Rules, or
(b) not to apply except in relation to sums of a description specified in the Rules.”
Proposed new clause from the Government, to go after clause 10: Increasing the availability of IIAA advice and IIAA representation New clause 2 · Not yet debated
New clause 2 Increasing the availability of IIAA advice and IIAA representationGovernment
Anna Turley, Minister of State (Home Office) New clause Not yet debated
Explanatory statement · what it would do, in the words of the Government

This new clause authorises the Secretary of State to take steps to increase the general availability of advice and representation for persons who make an appeal or bail application to the IIAA. The new clause would be inserted after clause 10.

The proposed clause · as tabled
Show the full text (9 lines)
(1) The Secretary of State may take such steps as the Secretary of State considers appropriate to increase the general availability of IIAA advice and IIAA representation.
(2) The power under subsection (1) may, in particular, be used to provide financial or other assistance (subject to any conditions the Secretary of State considers appropriate)—
(a) for persons undertaking education or training;
(b) for persons providing education, training or accreditation;
(c) for persons who provide IIAA advice or IIAA representation.
(3) In this section—
“IIAA advice” means advice from a qualified person about an appeal or bail application that has been or may be made to the IIAA;
“IIAA representation” means representation by a qualified person in proceedings before the IIAA;
“qualified person” means a person who is qualified for the purposes of section 84 of the Immigration and Asylum Act 1999.”
11

11 — Claim notices

amends 3 amendments · 1 Government
(1)The Secretary of State or an immigration officer may serve a person who is liable to removal or deportation from the United Kingdom with a claim notice.
(2)A claim notice is a notice requiring its recipient to provide to the Secretary of State and any other competent authority specified in the notice—
(a)any reasons they have for wishing to enter or remain in the United Kingdom,
(b)any grounds on which they should be permitted to enter or remain in the United Kingdom,
(c)any grounds on which they should not be removed from or required to leave the United Kingdom,
(d)any relevant status information, and
(e)any evidence in support of the matters mentioned in paragraphs (a) to (d).
(See also section 60A(5) of the Nationality and Borders Act 2022, inserted by section 36 (credibility consequences of late provision of modern slavery information).)
(3)A claim notice must—
(a)specify a date on or before which its recipient must comply with its requirements (the “claim notice deadline”);
(b)set out the consequences of failing to comply with its requirements by the claim notice deadline.
(4)The Secretary of State may by regulations make provision for additional requirements to be imposed by, or information to be provided by, a claim notice.
(5)A recipient of a claim notice is not required to provide any relevant status information in response to the notice which they have previously provided to the Secretary of State or the competent authority specified in the notice.
(6)When a claim notice is served on a person who has previously been served with a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 (requirement to provide reasons and grounds), the notice under section 120 ceases to have effect.
(7)Where a recipient of a claim notice provides the Secretary of State or competent authority with any information required by the claim notice after the claim notice deadline, they must also provide a statement setting out their reasons for not providing the information before the claim notice deadline.
(8)For the purposes of this section, a person is “liable to removal or deportation from the United Kingdom” if they are liable to—
(a)removal under section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom), or
(b)deportation under section 3(5) or (6) of the Immigration Act 1971 (deportation of foreign nationals where conducive to the public good or on conviction of offence punishable with imprisonment etc).
(9)In this section — “competent authority” has the same meaning as in Part 5 of the Nationality and Borders Act 2022 (see section 65A of that Act); “relevant status information”, in relation to a person, means information that may be relevant for the purpose of making a reasonable grounds or conclusive grounds decision (within the meaning of Part 5 of the Nationality and Borders Act 2022) in relation to that person.
(10)In Part 2 of the Nationality and Borders Act 2022 (asylum), omit—
(a)section 18 (provision of evidence in support of protection or human rights claim);
(b)section 19(4) (late response to notice under section 18: damage to credibility);
(c)sections 20 to 25, and the italic heading before section 20 (priority removal notices);
(d)Schedule 3 (expedited appeals where priority removal notice served: consequential amendments);
(e)section 26, and the italic heading before it (late evidence);
(f)section 27 (accelerated detained appeals).
(11)In the Immigration and Asylum Act 1999, omit section 10D (removal: PRN recipients).
Amends Nationality and Borders Act 2022, section 18 — Provision of evidence in support of protection or human rights claim
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Nationality and Borders Act 2022 — section 18

Section 18 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) The Secretary of State or an immigration officer may serve an evidence notice on a person who has made a protection claim or a human rights claim.
(2) An “evidence notice” is a notice requiring the recipient to provide, before the specified date, any evidence in support of the claim.
(3) Subsection (5) applies if the recipient of an evidence notice provides the Secretary of State or an immigration officer with evidence in support of the claim on or after the specified date.
(4) Subsection (5) also applies if the recipient of an evidence notice provides the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in section 22(9)) or the Special Immigration Appeals Commission with evidence in support of the claim where the evidence—
(a) should have been provided in response to the evidence notice but was not, and
(b) is provided on or after the specified date.
(5) The recipient must also provide a statement setting out their reasons for not providing the evidence before the specified date (and see section 26 of this Act and section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004).
(6) In this section, “specified date” means the date specified in an evidence notice.
Amends Nationality and Borders Act 2022, section 19 — Asylum or human rights claim: damage to claimant’s credibility
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 19

Section 19 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility) is amended in accordance with subsections (2) to (6).
(2) After subsection (1) insert—(1A)Tribunal Procedure Rules must secure that, where the deciding authority is the First-tier Tribunal, it must include, as part of its reasons for a decision that disposes of proceedings, a statement explaining— (a)whether it considers that the claimant has engaged in behaviour to which this section applies, and (b)if it considers that the claimant has engaged in such behaviour, how it has taken account of the behaviour in making its decision. (1B)Rules under section 5 of the Special Immigration Appeals Commission Act 1997 (SIAC procedure rules) must secure that, where the deciding authority is the Special Immigration Appeals Commission, it must include, as part of its reasons for a decision that determines proceedings, a statement explaining the matters mentioned in subsection (1A)(a) and (b).
(3) After subsection (3) insert—(3A)This section also applies to any relevant behaviour by the claimant that the deciding authority thinks is not in good faith. (3B)In subsection (3A) “relevant behaviour” means behaviour— (a)in connection with the asylum claim or human rights claim in question or (in the case of an appeal relating to such a claim) the appeal in question, (b)in any dealings with a person exercising immigration and nationality functions, or (c)in connection with— (i)a claim made, or civil proceedings brought, under any provision of immigration legislation, or (ii)judicial review proceedings, or (in Scotland) an application to the supervisory jurisdiction of the Court of Session, relating to a decision taken by a person in exercise of immigration and nationality functions.
(4) After subsection (6) insert—(6A)This section also applies to the late provision by the claimant of evidence in relation to the asylum claim or human rights claim in question, unless there are good reasons why the evidence was provided late. (6B)For the purposes of subsection (6A), evidence is provided “late” by the claimant if— (a)it is provided pursuant to an evidence notice served on the claimant under section 18(1) of the Nationality and Borders Act 2022, and (b)it is provided on or after the date specified in the notice.
(5) In subsection (7), at the appropriate places insert—“immigration and nationality functions” means functions exercisable by virtue of— (a)the Immigration Acts (but see subsection (9B)), or (b)the Nationality Acts;; “immigration legislation” means— (a)the Immigration Acts, (b)the Nationality Acts, and (c)rules under section 3(2) of the Immigration Act 1971 (general immigration rules);; “Nationality Acts” means— (a)the British Nationality Act 1981, (b)the Hong Kong Act 1985, (c)the Hong Kong (War Wives and Widows) Act 1996, and (d)the British Nationality (Hong Kong) Act 1997;.
(6) After subsection (9A) insert—(9B)In paragraph (a) of the definition of “immigration and nationality functions” in subsection (7), the reference to the Immigration Acts does not include a reference to— (a)sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc), or (b)section 14 of this Act (power of arrest).
(7) The amendments made by this section apply in relation to a determination mentioned in section 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 only where—
(a) the asylum claim or human rights claim to which the determination relates was made, or
(b) if the determination is made in appeal proceedings, the appeal was brought,
on or after the day on which this section comes into force.
Amends Nationality and Borders Act 2022, section 20 — Priority removal notices
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 20

Section 20 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) The Secretary of State or an immigration officer may serve a person who is liable to removal or deportation from the United Kingdom with a priority removal notice.
(2) A person who receives such a notice is referred to in this section as the “PRN recipient”.
(3) A priority removal notice is a notice—
(a) requiring the PRN recipient to provide to the Secretary of State (and any other competent authority specified in the notice)—
(i) a statement setting out the matters described in section 120(2)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (reasons and grounds for application etc),
(ii) any relevant status information (within the meaning given by section 58(3)), and
(iii) any evidence in support of the matters mentioned in sub-paragraphs (i) and (ii), and
(b) setting out the date (the “PRN cut-off date”) before which the PRN recipient must comply with that requirement.
(4) The requirement in subsection (3)(a) does not apply in relation to anything that the PRN recipient has previously provided to the Secretary of State or any other competent authority.
(5) Subsection (7) applies if the PRN recipient provides the Secretary of State or any other competent authority with any statement, information or evidence mentioned in subsection (3)(a) on or after the PRN cut-off date.
(6) Subsection (7) also applies if the PRN recipient provides the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in section 22(9)) or the Special Immigration Appeals Commission with any statement, information or evidence mentioned in subsection (3)(a) that—
(a) should have been provided in response to the priority removal notice but was not, and
(b) is provided on or after the PRN cut-off date.
(7) The PRN recipient must also provide a statement setting out their reasons for not providing the statement, information or evidence before the PRN cut-off date (and see sections 22 and 26).
(8) For the purposes of this section, a person is “liable to removal or deportation from the United Kingdom” if they are liable to—
(a) removal under section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom), or
(b) deportation under section 3(5) or (6) of the Immigration Act 1971 (deportation of foreign nationals where conducive to the public good or on conviction of offence punishable with imprisonment etc).
(9) In this section “competent authority” has the same meaning as in Part 5 (see section 69).
Amends Nationality and Borders Act 2022, section 21 — Priority removal notices: supplementary
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Nationality and Borders Act 2022 — section 21

Section 21 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) A priority removal notice remains in force until the end of the period of 12 months beginning with—
(a) the PRN cut-off date, or
(b) if later, the day on which any appeal rights of the PRN recipient in respect of a relevant claim are exhausted.
See section 82A of the Nationality, Immigration and Asylum Act 2002 (the “2002 Act”) for the consequences of a priority removal notice being in force.
(2) In subsection (1) “relevant claim” means a protection claim or a human rights claim brought by the PRN recipient while the priority removal notice is in force.
(3) For the purposes of subsection (1), the PRN recipient’s appeal rights in respect of a claim are exhausted at the time when—
(a) the PRN recipient’s claim has been determined,
(b) the PRN recipient could not bring an appeal in respect of the claim under section 82 of the 2002 Act (ignoring any possibility of an appeal out of time with permission), and
(c) no appeal brought by the PRN recipient is pending within the meaning of section 104 of that Act.
(4) A priority removal notice remains in force until the end of the period mentioned in subsection (1) even if the PRN recipient ceases to be liable to removal or deportation from the United Kingdom during that period.
(5) A priority removal notice may not be served on a person in relation to whom such a notice is already in force (but this does not prevent a further notice from being served once the previous notice ceases to be in force as mentioned in subsection (1)).
(6) Subsection (7) applies if the PRN recipient has previously been served with—
(a) an evidence notice under section 18,
(b) a slavery or trafficking information notice under section 58, or
(c) a notice under section 120 of the 2002 Act (requirement to provide reasons and grounds).
(7) The previous notice ceases to have effect on the service of the priority removal notice.
(8) Expressions used in this section that are defined for the purposes of section 20 have the same meaning in this section as in that section.
Amends Nationality and Borders Act 2022, section 22 — Late compliance with priority removal notice: damage to credibility
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 22

Section 22 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) This section applies where—
(a) a PRN recipient provided material in response to the priority removal notice served on them,
(b) the material was provided late, and
(c) a relevant decision is being made.
(2) This section also applies where—
(a) a PRN recipient provided material to the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in subsection (9)) or the Special Immigration Appeals Commission,
(b) the material should have been provided in response to the priority removal notice served on the PRN recipient but was not,
(c) the material was provided late, and
(d) a relevant decision is being made.
(3) A “relevant decision” is being made if—
(a) a protection claim or a human rights claim made by the PRN recipient is being considered, or
(b) a competent authority is making a reasonable grounds decision or a conclusive grounds decision in relation to the PRN recipient (decisions concerning status as victim of slavery or human trafficking).
(4) In determining whether to believe a statement made by or on behalf of the PRN recipient, a deciding authority must take account, as damaging the PRN recipient’s credibility, of the late provision of the material, unless there are good reasons why it was provided late.
(5) Tribunal Procedure Rules must secure that, where the First-tier Tribunal or the Upper Tribunal (when acting in the circumstances mentioned in subsection (9)) is making a decision that disposes of proceedings, it must include, as part of its reasons for the decision, a statement explaining—
(a) whether it considers that this section applies, and
(b) if it considers that this section does apply, how, in making its decision, it has taken account of the fact that the PRN recipient provided the material late.
(6) Rules under section 5 of the Special Immigration Appeals Commission Act 1997 (SIAC procedure rules) must secure that, where the Special Immigration Appeals Commission is making a decision that determines proceedings, it must include, as part of its reasons for the decision, a statement explaining the matters mentioned in subsection (5)(a) and (b).
(7) For the purposes of this section, material is provided “late” by the PRN recipient if it is provided on or after the PRN cut-off date.
(8) In subsection (4) “deciding authority”—
(a) in relation to a decision mentioned in subsection (3)(a) means—
(i) the Secretary of State,
(ii) an immigration officer,
(iii) the First-tier Tribunal,
(iv) the Upper Tribunal in the circumstances described in subsection (9), or
(v) the Special Immigration Appeals Commission;
(b) in relation to a decision mentioned in subsection (3)(b), means the competent authority.
(9) The circumstances are when the Upper Tribunal is acting—
(a) under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal re-making First-tier Tribunal decision on finding of error of law), or
(b) in relation to—
(i) an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002, or
(ii) an expedited related appeal within the meaning of section 24 that involves a protection claim or a human rights claim.
(10) In this section—
“competent authority”, “conclusive grounds decision” and “reasonable grounds decision” have the same meanings as in Part 5;
“priority removal notice”, “PRN cut-off date”, “PRN recipient” and “relevant status information” have the same meanings as in section 20.
(11) Section 26 makes further provision about the effect of a PRN recipient providing evidence late.
Amends Nationality and Borders Act 2022, section 23 — Priority removal notices: expedited appeals
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Nationality and Borders Act 2022 — section 23

Section 23 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) After section 82 of the Nationality, Immigration and Asylum Act 2002 insert—82AExpedited appeal to Upper Tribunal in certain cases(1)This section applies where — (a)a person (“P”) has been served with a priority removal notice, (b)P has made a protection claim or a human rights claim on or after the PRN cut-off date but while the priority removal notice is still in force, and (c)P has a right under section 82(1) to bring an appeal from within the United Kingdom (see section 92) in relation to the claim. (2)The Secretary of State must certify P’s right of appeal under this section, unless satisfied that there were good reasons for P making the claim on or after the PRN cut-off date (and P’s right of appeal may not be certified if the Secretary of State is satisfied that there were good reasons). (3)If certified under this section, P’s right of appeal under section 82(1) is to the Upper Tribunal instead of the First-tier Tribunal (and any appeal brought pursuant to such a right is referred to in this section as an “expedited appeal”). (4)Tribunal Procedure Rules must make provision with a view to securing that expedited appeals are brought and determined more quickly than an appeal under section 82(1) would, in the normal course of events, be brought and determined by the First-tier Tribunal. (5)Tribunal Procedure Rules must secure that the Upper Tribunal may, if it is satisfied that it is the only way to secure that justice is done in the case of a particular expedited appeal, order that the appeal is to be continued as an appeal to the First-tier Tribunal and accordingly is to be transferred to that Tribunal. (6)In this section, “priority removal notice” and “PRN cut-off date” have the same meanings as in section 20 of the Nationality and Borders Act 2022.
(2) In section 13(8) of the Tribunals, Courts and Enforcement Act 2007 (decisions excluded from right to appeal to the Court of Appeal), after paragraph (b) insert—(bza)any decision of the Upper Tribunal on an expedited appeal within the meaning given by section 82A(3) of the Nationality, Immigration and Asylum Act 2002 (expedited appeal against refusal of protection claim or human rights claim),.
(3) Schedule 3 makes amendments consequential on this section.
Amends Nationality and Borders Act 2022, section 24 — Expedited appeals: joining of related appeals
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 24

Section 24 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) For the purposes of this section, an “expedited section 82 appeal” is an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002 (expedited appeals for claims brought on or after PRN cut-off date).
(2) For the purposes of this section, a “related appeal” is an appeal under any of the following—
(a) section 82(1) of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims), other than one which is an expedited section 82 appeal;
(b) section 40A of the British Nationality Act 1981 (appeal against deprivation of citizenship);
(c) the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (appeal rights in respect of EU citizens’ rights immigration decisions etc);
(d) regulation 36 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals against EEA decisions) as it continues to have effect following its revocation.
(3) If a person brings an expedited section 82 appeal at a time when a related appeal brought by that person is pending before the First-tier Tribunal, the related appeal is, from that time, to be continued as an appeal to the Upper Tribunal and accordingly is to be transferred to the Upper Tribunal.
(4) If an expedited section 82 appeal brought by a person is pending, any right that the person would otherwise have to bring a related appeal to the First-tier Tribunal is instead a right to bring it to the Upper Tribunal.
(5) A related appeal within subsection (3) or brought to the Upper Tribunal as mentioned in (4) is referred to in this section as an “expedited related appeal”.
(6) Tribunal Procedure Rules must make provision with a view to securing that the Upper Tribunal consolidates an expedited related appeal and the expedited section 82 appeal concerned or hears them together (and see section 82A(4) of the Nationality, Immigration and Asylum Act 2002).
(7) Tribunal Procedure Rules must secure that the Upper Tribunal may, if it is satisfied that it is the only way to secure that justice is done in the case of a particular expedited related appeal, order that the appeal is to be continued as an appeal to the First-tier Tribunal and accordingly is to be transferred to that Tribunal.
(8) For the purposes of this section, an appeal is “pending”—
(a) in the case of an appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 (including an expedited section 82 appeal), if it is pending within the meaning of section 104 of that Act;
(b) in the case of an appeal under section 40A of the British Nationality Act 1981, during the period—
(i) beginning when it is instituted, and
(ii) ending when it is finally determined or withdrawn;
(c) in the case of an appeal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, if it is pending within the meaning of regulation 13 of those Regulations;
(d) in the case of an appeal under the regulation 36 of the Immigration (European Economic Area) Regulations 2016, if it is pending within the meaning of Part 6 of those Regulations (see regulation 35).
(9) In section 13(8) of the Tribunals, Courts and Enforcement Act 2007 (decisions excluded from right to appeal to the Court of Appeal), after paragraph (bza) (inserted by section 22) insert—(bzb)any decision of the Upper Tribunal on an expedited related appeal within the meaning given by section 24 of the Nationality and Borders Act 2022 (expedited appeals against refusal of protection claim or human rights claim: joining of related appeals),.
Amends Nationality and Borders Act 2022, section 25 — Civil legal services for recipients of priority removal notices
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 25

Section 25 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), after paragraph 31 (immigration: accommodation for asylum-seekers etc) insert—Immigration: recipients of priority removal notices31ZA(1)Civil legal services provided, to an individual who has received a priority removal notice, in relation to— (a)the priority removal notice; (b)the individual’s immigration status; (c)the lawfulness of the individual’s removal from the United Kingdom; (d)immigration detention of the kinds mentioned in paragraph 25(1). Condition applying to services described in sub-paragraph (1): overall time limit(2)Civil legal services described in sub-paragraph (1) may be provided for up to (but no more than) 7 hours. (3)If a person who has been provided with civil legal services described in sub-paragraph (1) subsequently receives a further priority removal notice, sub-paragraph (2) applies again (so that time spent in providing services following receipt of the earlier notice does not count towards the new limit). General exclusions(4)Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule. Specific exclusions(5)The services described in sub-paragraph (1) do not include— (a)advocacy; (b)attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on a claim in respect of the rights mentioned in paragraph 30(1), except where regulations provide otherwise; (c)attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of making a reasonable grounds decision or a conclusive grounds decision; (d)services provided in relation to— (i)any private law rights the individual may have (such as rights under employment law or the law of tort), or (ii)any claim for damages in relation to unlawful detention. Definition(6)In this paragraph “priority removal notice” means a notice under section 20 of the Nationality and Borders Act 2022.
(2) In section 9 of that Act (civil legal aid: general cases), after subsection (2) insert—(3)The powers conferred by subsection (2)(b) include power to amend paragraph 31ZA of Part 1 of Schedule 1 (immigration: recipients of priority removal notices) so as to alter the time limit applicable to the provision of services described in sub-paragraph (1) of that paragraph (whether generally or in specified cases or circumstances). (4)The Lord Chancellor may by order make provision as to the operation of any overall time limit applicable to the provision of services described in paragraph 31ZA(1), including in particular— (a)provision for determining the time available (not exceeding the overall time limit) for the provision of such services in any individual’s case, or (b)provision as to the use that may, or must, be made of some or all of the time available.
(3) In regulation 11(9) of the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) (qualifying for civil legal services: cases in which merits criteria do not apply), at the end insert, or(e)in relation to any matter described in paragraph 31ZA of Schedule 1 to the Act (immigration: recipients of priority removal notices).
(4) In regulation 5(1) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480) (exceptions from requirement to make a determination in respect of an individual’s financial resources), omit the “and” at the end of paragraph (ka) and, after paragraph (l), insert—(m)civil legal services described in paragraph 31ZA of Part 1 of Schedule 1 to the Act (immigration: recipients of priority removal notices).
Amends Nationality and Borders Act 2022, Schedule 3 — Expedited appeals where priority removal notice served: consequential amendments
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — Schedule 3

Schedule 3 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

1 The Nationality, Immigration and Asylum Act 2002 is amended in accordance with paragraphs 2 to 6.
2 In section 85 (matters to be considered on appeal)—
(a) in subsections (1), (2) and (4), after “the Tribunal” insert “or the Upper Tribunal”;
(b) in subsection (5)—
(i) after “the Tribunal”, in the first place it appears, insert “or the Upper Tribunal”;
(ii) for “the Tribunal”, in the second place it appears, substitute “the tribunal concerned”.
3 In section 86 (determination of appeal), in subsection (2), after “the Tribunal” insert “or the Upper Tribunal”.
4 In section 106 (tribunal procedure rules), in subsections (3) and (4), after “the Tribunal” insert “or the Upper Tribunal”.
5 In section 107 (practice directions)—
(a) before subsection (3) insert—(2A)Subsection (3) applies to— (a)proceedings under section 82 in the Tribunal or proceedings in the Upper Tribunal arising out of such proceedings; (b)proceedings under section 82 in the Upper Tribunal (see section 82A and section 24 of the Nationality and Borders Act 2022).;
(b) in subsection (3), for the words from “under section 82” to “such proceedings” substitute “to which this subsection applies”.
6 In section 108 (forged document: proceedings in private), in subsection (2), after “The Tribunal” insert “or the Upper Tribunal”.
7 In section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility), in subsection (9A)—
(a) for the words from the beginning to “subsection (7) the” substitute “In this section a”;
(b) after “acting” insert —(a);
(c) at the end insert, or(b)in relation to— (i)an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002, or (ii)an expedited related appeal within the meaning of section 24 of the Nationality and Borders Act 2022 that involves an asylum claim or a human rights claim.
Amends Nationality and Borders Act 2022, section 26 — Late provision of evidence in asylum or human rights claim: weight
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 26

Section 26 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) This section applies where—
(a) evidence is provided late by a claimant in relation to an asylum claim or a human rights claim, and
(b) the evidence falls to be considered by a deciding authority for the purpose of determining—
(i) the claim, or
(ii) where a decision in respect of the claim is the subject of a relevant appeal, the appeal.
(2) Unless there are good reasons why the evidence was provided late, the deciding authority must, in considering it, have regard to the principle that minimal weight should be given to the evidence.
(3) For the purposes of subsection (1)(a), evidence is provided “late” by a claimant if it is within subsection (4) or (5).
(4) Evidence is within this subsection if—
(a) it is provided pursuant to an evidence notice served on the claimant under section 18(1), and
(b) it is provided on or after the date specified in the notice.
(5) Evidence is within this subsection if—
(a) it is provided pursuant to a priority removal notice served on the claimant under section 20 in support of the matters mentioned in subsection (3)(a)(i) of that section (reasons and grounds for application), and
(b) it is provided on or after the PRN cut-off date.
(6) The reference in subsection (1)(b)(i) to determining a claim includes a reference to determining—
(a) whether to certify the claim under section 94(1) of the 2002 Act (unfounded claims);
(b) whether to accept or reject further submissions made by the claimant for the purposes of the immigration rules.
(7) In this section—
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;
“asylum claim” has the meaning given by section 113(1) of the 2002 Act;
“deciding authority” means—
(a) an immigration officer,
(b) the Secretary of State,
(c) the First-tier Tribunal,
(d) the Upper Tribunal in the circumstances described in subsection (8), or
(e) the Special Immigration Appeals Commission;
“PRN cut-off date” has the same meaning as in section 20;
“relevant appeal” means an appeal under—
(a) section 82 of the 2002 Act, or
(b) section 2 of the Special Immigration Appeals Commission Act 1997.
(8) The circumstances are when the Upper Tribunal is acting—
(a) under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal re-making First-tier Tribunal decision on finding of error of law), or
(b) in relation to—
(i) an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002, or
(ii) an expedited related appeal within the meaning of section 24 that involves an asylum claim or a human rights claim.
Amends Nationality and Borders Act 2022, section 27 — Accelerated detained appeals
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 27
(1) In this section “accelerated detained appeal” means a relevant appeal (see subsection (6)) brought—
(a) by a person who—
(i) was detained under a relevant detention provision (see subsection (7)) at the time at which they were given notice of the decision which is the subject of the appeal, and
(ii) remains in detention under a relevant detention provision, and
(b) against a decision that—
(i) is of a description prescribed by regulations made by the Secretary of State, and
(ii) when made, was certified by the Secretary of State under this section.
(2) The Secretary of State may only certify a decision under this section if the Secretary of State considers that any relevant appeal brought in relation to the decision would likely be disposed of expeditiously.
(3) Tribunal Procedure Rules must secure that the following time limits apply in relation to an accelerated detained appeal—
(a) any notice of appeal must be given to the First-tier Tribunal not later than 5 working days after the date on which the appellant was given notice of the decision against which the appeal is brought;
(b) the First-tier Tribunal must make a decision on the appeal, and give notice of that decision to the parties, not later than 25 working days after the date on which the appellant gave notice of appeal to the tribunal;
(c) any application (whether to the First-tier Tribunal or the Upper Tribunal) for permission to appeal to the Upper Tribunal must be determined by the tribunal concerned not later than 20 working days after the date on which the applicant was given notice of the First-tier Tribunal’s decision.
(4) A relevant appeal ceases to be an accelerated detained appeal on the appellant being released from detention under any relevant detention provision.
(5) Tribunal Procedure Rules must secure that the First-tier Tribunal or (as the case may be) the Upper Tribunal may, if it is satisfied that it is the only way to secure that justice is done in a particular case, order that a relevant appeal is to cease to be an accelerated detained appeal.
(6) For the purposes of this section, a “relevant appeal” is an appeal to the First-tier Tribunal under any of the following—
(a) section 82(1) of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims);
(b) section 40A of the British Nationality Act 1981 (appeal against deprivation of citizenship);
(c) the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (appeal rights in respect of EU citizens’ rights immigration decisions etc);
(d) regulation 36 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals against EEA decisions) as it continues to have effect following its revocation.
(7) For the purposes of this section, a “relevant detention provision” is any of the following—
(a) paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);
(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation);
(c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal);
(d) section 36(1) of the UK Borders Act 2007 (detention pending deportation).
(8) In this section “working day” means any day except—
(a) a Saturday or Sunday, Christmas Day, Good Friday or 26 to 31 December, and
(b) any day that is a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the appellant concerned is detained.
(9) Regulations under this section are subject to negative resolution procedure.
Amends Immigration and Asylum Act 1999, section 10D — Removal: PRN recipients
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Immigration and Asylum Act 1999 — section 10D
(1) This section applies to a person who is liable to removal under section 10 and is a PRN recipient.
(2) If the person does not make a protection claim or a human rights claim before the PRN cut-off date, the person may be removed from the United Kingdom if—
(a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (4)), and
(b) they are removed before the end of the period of 21 days beginning with the day after the PRN cut-off date.
(3) If the PRN recipient makes a protection claim or a human rights claim, the person may be removed from the United Kingdom if—
(a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (4)),
(b) their appeal rights are exhausted, and
(c) they are removed before the end of the period of 21 days beginning with the day after the date on which their appeal rights are exhausted;
and for the purposes of this subsection, whether a PRN recipient’s appeal rights are exhausted is to be determined in accordance with section 21(3) of the Nationality and Borders Act 2022 (and see, in particular, section 82A of the Nationality, Immigration and Asylum Act 2002).
(4) A notice of departure details under this section is a written notice which—
(a) states the date on which the person is to be removed,
(b) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination.
(5) But this section does not apply unless the priority removal notice stated—
(a) a destination to which the person is to be removed which is the same as the destination stated in the notice of departure details under subsection (4)(b), and
(b) stops, other than stops falling within subsection (6), that are expected to be made on the way to that destination which are the same as those stated in the notice of departure details under subsection (4)(b).
(6) A stop falls within this subsection if it is a stop in—
(a) the United Kingdom, or
(b) a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.
(7) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section.
(8) For the purposes of this section and section 10E—
“priority removal notice”, “PRN cut-off date” and “PRN recipient” have the same meaning as in section 20 of the Nationality and Borders Act 2022;
“protection claim” and “human rights claim” have the same meaning as in Part 5 of the Nationality, Immigration and Asylum Act 2002.
Explanatory Notes · published by the Government with the Bill
86. This clause allows the Secretary of State or an immigration officer to issue a claim notice to those who are liable to removal or deportation. The notice will require the person to tell the Home Office all the reasons for wanting remain in the UK or why they should not be removed. This then allows the Secretary of State to operate a new late claims procedure as set out in Clause 12. 87. The notice will also require the person to disclose any information relevant to whether they are a potential victim of modern slavery or human trafficking. Failure to comply with this part of the notice is linked to the credibility consequences set out clause 36 (which inserts a new section 60A(5) into the Nationality and Borders Act 2022 (‘NABA’)). 88. Subsection (1) introduces a new provision to allow the Secretary of State or an immigration officer to serve a claim notice to an individual who is liable to removal or deportation from the United Kingdom. 89. Subsection (2)(a) to (e) establishes that the claim notice will require the recipient to provide the following information to the Secretary of State and any other competent authority specified in the notice: a. any reasons for wishing to enter or remain in the United Kingdom; b. any grounds upon which they should be permitted to enter or remain in the United Kingdom; c. any grounds upon which they should not be removed from the United Kingdom; d. any relevant status information (which in effect is information relating to reasonable grounds or conclusive grounds decisions with regard to modern slavery) and e. any evidence supporting these submissions. 90. Subsection (2) provides a signpost to section 60A(5) of NABA (inserted by clause 36 of this Act) which sets out the consequences for late disclosure of relevant status information. 91. Subsection (3)(a) and (b) require the claim notice to specify: a. The date by which the recipient must respond to the notice with any relevant claims or information; and b. the consequences of failing to comply with that deadline. 92. Subsection (4) gives a power to the Secretary of State to make regulations about additional information to be provided in the notice or for the notice to impose additional requirements. 93. Subsection (5) establishes that a person who receives a claim notice is not required to re-submit any relevant status information (per para 4d. above) that has already been provided to the Secretary of State or the competent authority. 94. Subsection (6) sets out that in a case where someone receiving a claim notice has previously been served with a notice under section 120 of the Nationality, Immigration and Asylum Act 2002, the requirements served under the section 120 notice cease to apply, and are superseded by the requirements of this claim notice. 95. Subsection (7) provides that, where information is submitted after the specified deadline, the individual must also provide a statement explaining reasons for the delay. 96. Subsection (8) defines when a person is ‘liable to removal or deportation from the United Kingdom’ for these purposes as when: a. they are liable to be removed on the basis they are in the country unlawfully (per section 10 of the Immigration an Asylum Act 1999), or a. they are liable to be deported (per section 3(5) or (6) of the Immigration Act 1971 respectively). 97. Subsection (9) defines “competent authority” for the purposes of this section as having the same meaning as in Part 5 of NABA and “relevant status information” as information that may be relevant for the purpose of making a reasonable grounds or conclusive grounds decision, in relation to that person (within the meaning of Part 5 of the NABA). 98. Subsections (10) and (11) repeal un-commenced provisions relating to priority removal notices, in NABA and the Immigration and Asylum Act 1999, respectively.
Amendments tabled 3, including 1 from the Government · 1 would remove the whole clause · 3 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 1 agreed, 1 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 11
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 8, line 1, leave out Clause 11

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 91
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Rejected on a vote
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would require people served with a claim notice to raise all their grounds by the deadline, so that grounds raised later could not be relied on in an appeal unless they arise from a material change of circumstances.

Effect on the clause · the printed text with this amendment applied
8:35the claim notice deadline, they must also provide a statement setting out their
8:36reasons for not providing the information before the claim notice deadline.
(7A) Where the recipient of a claim notice provides any reasons or grounds after the claim notice deadline, those reasons or grounds may not be relied on in any appeal before the IIAA or the Upper Tribunal unless the IIAA is satisfied that they arise from a material change of circumstances occurring after the claim notice deadline.
8:37(8) For the purposes of this section, a person is “liable to removal or deportation
The amendment · as tabled, addressed to the printed Bill
Clause 11, page 8, line 36, at end insert—
“(7A) Where the recipient of a claim notice provides any reasons or grounds after the claim notice deadline, those reasons or grounds may not be relied on in any appeal before the IIAA or the Upper Tribunal unless the IIAA is satisfied that they arise from a material change of circumstances occurring after the claim notice deadline.”

This amendment was debated and rejected, following a vote.

Amendment 38 Government
Anna Turley, Minister of State (Home Office) Adds words Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment would repeal section 19(2) of the Nationality and Borders Act 2022, which makes provision very similar to that required by the new clauses inserted by NC3 and NC4.

Effect on the clause · the printed text with this amendment applied
9:9(a) section 18 (provision of evidence in support of protection or human
9:10rights claim);
(aa) section 19(2) (statements about credibility required by First-tier Tribunal and SIAC);
9:11(b) section 19(4) (late response to notice under section 18: damage to
The amendment · as tabled, addressed to the printed Bill
Clause 11, page 9, line 10, at end insert—
“(aa) section 19(2) (statements about credibility required by First-tier Tribunal and SIAC);”

This amendment was agreed to.

12

12 — Late claims process for certain recipients of claim notices

amends 5 amendments · 4 Government
(1)Where the recipient of a claim notice provides any information in response to the notice after the claim notice deadline—
(a)at any time when they are detained under a relevant detention provision, or
(b)at any time after they have been given a notice of departure details,
all appeal proceedings relating to the recipient are subject to the late claims process.
(2)Where proceedings are subject to the late claims process, a person exercising case management functions of the IIAA must ensure that, as far as reasonably practicable, those proceedings are prioritised over any appeal proceedings that are not subject to the late claims process.
(3)In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 3 (exercise of power to grant immigration bail), in sub-paragraph (2), after paragraph (e) insert—.
(eza)whether the late claims process, as provided for in section 12 of the Immigration and Asylum Act 2026, applies in relation to any proceedings before the IIAA relating to the person (or, if the person has not yet commenced any such proceedings, whether the late claims process would be likely to apply to them),
(4)In this section — “appeal proceedings” means any proceedings before the IIAA other than proceedings relating to an application for immigration bail; “claim notice” and “claim notice deadline” have the meanings given in section 11; “notice of departure details” means a notice of departure details given under section 10A of the Immigration and Asylum Act 1999; “relevant detention provision” means— (a) paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal); (b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation); (c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal); (d) section 36(1) of the UK Borders Act 2007 (detention pending deportation).
Amends Immigration Act 2016, Schedule 10, para 3 — 3
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Immigration Act 2016 — Schedule 10, para 3
(1) The Secretary of State or the First-tier Tribunal must have regard to the matters listed in sub-paragraph (2) in determining—
(a) whether to grant immigration bail to a person, and
(b) the conditions to which a person's immigration bail is to be subject.
(2) Those matters are—
(a) the likelihood of the person failing to comply with a bail condition,
(b) whether the person has been convicted of an offence (whether in or outside the United Kingdom or before or after the coming into force of this paragraph),
(c) the likelihood of a person committing an offence while on immigration bail,
(d) the likelihood of the person's presence in the United Kingdom, while on immigration bail, causing a danger to public health or being a threat to the maintenance of public order,
(e) whether the person's detention is necessary in that person's interests or for the protection of any other person,
(eza) whether the late claims process, as provided for in section 12 of the Immigration and Asylum Act 2026, applies in relation to any proceedings before the IIAA relating to the person (or, if the person has not yet commenced any such proceedings, whether the late claims process would be likely to apply to them),
(ea) whether the person has failed without reasonable excuse to cooperate with any process—
(i) for determining whether the person requires or should be granted leave to enter or remain in the United Kingdom,
(ii) for determining the period for which the person should be granted such leave and any conditions to which it should be subject,
(iii) for determining whether the person’s leave to enter or remain in the United Kingdom should be varied, curtailed, suspended or cancelled,
(iv) for determining whether the person should be removed from the United Kingdom, or
(v) for removing the person from the United Kingdom, and
(f) such other matters as the Secretary of State or the First-tier Tribunal thinks relevant.
(3) A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 8 days beginning with the date of the person's arrival in the United Kingdom.
(4) A person must not be granted immigration bail by the First-tier Tribunal without the consent of the Secretary of State if—
(a) directions for the removal of the person from the United Kingdom are for the time being in force, and
(b) the directions require the person to be removed from the United Kingdom within the period of 21 days beginning with the date of the decision on whether the person should be granted immigration bail.
(5) If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse to grant, immigration bail to a person, the Secretary of State or the Tribunal must give the person notice of the decision.
(6) Where the First-tier Tribunal is required under sub-paragraph (5) to a give a person notice of a decision, it must also give the Secretary of State notice of the decision.
(7) Where the decision is to grant immigration bail, a notice under sub-paragraph (5) or (6) must state—
(a) when the grant of immigration bail commences, and
(b) the bail conditions.
(8) The commencement of a grant of immigration bail may be specified to be conditional on arrangements specified in the notice being in place to ensure that the person is able to comply with the bail conditions.
Explanatory Notes · published by the Government with the Bill
99. Clause 12 provides for a “late claims process” which applies to appeals before the IIAA where a person provides information in response to a claim notice after the claim notice deadline. 100. Subsection (1) specifies that the process applies where such information is provided while the person is detained or after they have been given a notice of departure details. 101. Subsection (2) provides that where proceedings are subject to the late claims process, the IIAA must, so far as reasonably practicable, prioritise those proceedings over other appeals. 102. Subsection (3) amends immigration bail provisions to require decision makers to take account of whether the late claims process applies or is likely to apply to the person when considering whether to grant immigration bail. 103. Subsection (4) contains definitions which have the effect that appeals routed through this “late claims process” will not be prioritised over bail decisions. They also define notice of departure details and reference the relevant powers for detention. 104. The provision is intended to support earlier disclosure of claims and enable more efficient and expedited determination of late claims.
Amendments tabled 5, including 4 from the Government · 1 would remove the whole clause · 5 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 4 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 12
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 9, line 21, leave out Clause 12

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 39 Government
Anna Turley, Minister of State (Home Office) Adds words Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment, and amendment 42, would mean that the late claims process would not apply where a person provided only modern slavery information (rather than immigration information) in response to a claim notice after the deadline and at a time when they were in immigration detention or had been given a notice of departure details.

Effect on the clause · the printed text with this amendment applied
9:2112 Late claims process for certain recipients of claim notices
9:22(1) Where the recipient of a claim notice provides any immigration information in response
9:23to the notice after the claim notice deadline—
The amendment · as tabled, addressed to the printed Bill
Clause 12, page 9, line 22, after “any” insert “immigration”

This amendment was agreed to.

Amendment 40 Government
Anna Turley, Minister of State (Home Office) Replaces words Consequential Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on amendment 37.

Effect on the clause · the printed text with this amendment applied
9:343 (exercise of power to grant immigration bail), in sub-paragraph (2), after
9:35paragraph (e)(eza) (inserted by section 9) insert—
9:36“(eza) whether the late claims process, as provided for in section 12
The amendment · as tabled, addressed to the printed Bill
Clause 12, page 9, line 35, leave out “(e)” and insert “(eza) (inserted by section 9)”

This amendment was agreed to.

Amendment 41 Government
Anna Turley, Minister of State (Home Office) Replaces words Consequential Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on amendment 37.

Effect on the clause · the printed text with this amendment applied
9:36“(eza) whether the late claims process, as provided for in section 12
9:37of the Immigration and Asylum Act 2026that Act, applies in relation
9:38to any proceedings before the IIAA relating to the person (or,
The amendment · as tabled, addressed to the printed Bill
Clause 12, page 9, line 37, leave out “the Immigration and Asylum Act 2026” and insert “that Act”

This amendment was agreed to.

Amendment 42 Government
Anna Turley, Minister of State (Home Office) Adds words Agreed
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 39.

Effect on the clause · the printed text with this amendment applied
10:3“claim notice” and “claim notice deadline” have the meanings given in
10:4section 11;
“immigration information” means—
(a) information within paragraphs (a), (b) or (c) of subsection (2) of section 11;
(b) information within paragraph (e) of subsection (2) of section 11 that consists of evidence in support of a matter mentioned in paragraph (a), (b) or (c) of that subsection;
(c) information required to be provided by a claim notice by reason of regulations under section 11(4);
10:5“notice of departure details” means a notice of departure details given
The amendment · as tabled, addressed to the printed Bill
Clause 12, page 10, line 4, at end insert—
““immigration information” means—
(a) information within paragraphs (a), (b) or (c) of subsection (2) of section 11;
(b) information within paragraph (e) of subsection (2) of section 11 that consists of evidence in support of a matter mentioned in paragraph (a), (b) or (c) of that subsection;
(c) information required to be provided by a claim notice by reason of regulations under section 11(4);”

This amendment was agreed to.

Proposed new clause from the Government, to go after clause 12: Late claims process: credibility New clause 3 · Not yet debated
New clause 3 Late claims process: credibilityGovernment
Anna Turley, Minister of State (Home Office) New clause Not yet debated
Explanatory statement · what it would do, in the words of the Government

This new clause would insert a new clause, to go after clause 12, providing that, where proceedings are subject to the late claims process (see clause 12), the appellant’s credibility is damaged. And if such an appellant provides evidence late, their credibility is damaged further. It also requires IIAA adjudicators to make a statement about the application of this section.

The proposed clause · as tabled
Show the full text (26 lines)
(1) This section applies to proceedings that are subject to the late claims process (see section 12).
(2) In determining whether to believe a statement made by or on behalf of the appellant, an IIAA adjudicator must take account, as damaging the appellant’s credibility, of the fact that they provided late information.
(3) But if the IIAA adjudicator considers that there are good reasons why the appellant provided the information late, the adjudicator may decide that subsection (2)—
(a) applies to a lesser extent than it would if there were no good reasons, or
(b) does not apply at all.
(4) If in the course of the proceedings the appellant provides late evidence, an IIAA adjudicator must take that fact into account, as damaging the appellant’s credibility.
(5) But if the IIAA adjudicator considers that there are good reasons to do so, they may decide that subsection (4)—
(a) applies to a lesser extent than it otherwise would, or
(b) does not apply at all.
(6) The IIAA adjudicator must include, as part of their reasons for a decision that disposes of the proceedings, a statement explaining—
(a) how the adjudicator has applied subsection (2), and in particular—
(i) the extent to which they decided that the appellant’s credibility was damaged by the provision of late information,
(ii) the impact any credibility damage had on the determination of the appeal, and
(iii) if the appellant provided reasons for the provision of late information, what those reasons were and how they affected the application of subsection (2);
(b) whether the adjudicator has applied subsection (4), and in particular—
(i) whether the appellant provided late evidence and if so what that evidence was,
(ii) the extent to which the adjudicator decided that the appellant’s credibility was damaged by the provision of late evidence,
(iii) the impact any credibility damage had on the determination of the appeal, and
(iv) if the adjudicator considered that there were good reasons as mentioned in subsection (5), what those reasons were and how they affected the application of subsection (4).
(7) In this section—
“late evidence” means evidence provided to the IIAA after any deadline imposed in relation to the evidence by or under IIAA Procedure Rules;
“late information” means immigration information provided by the recipient of a claim notice in response to the notice—
(a) after the claim notice deadline, and
(b) at a time when the recipient was detained or had been given a notice of departure details as mentioned in section 12(1)(a) or (b);
“immigration information” has the meaning given in section 12;
“claim notice” and “claim notice deadline” have the meanings given in section 11.”
13

13 — Inspections

amends 2 amendments
(1)The UK Borders Act 2007 is amended as follows.
(2)In section 48 (Chief Inspector of UK Border Agency)—
(a)in subsection (1A), at the end insert—;
(f)the IIAA.
(b)in subsection (2)(d), for “and applicants” substitute “, applicants and appellants”;
(c)after subsection (2) insert—;
(2ZA)When monitoring and reporting on the performance of functions by the IIAA, the Chief Inspector must also consider and make recommendations about the efficiency and effectiveness of the IIAA’s process, including in particular—
(a)the accessibility of the IIAA’s premises;
(b)the access that parties to IIAA proceedings have to technology necessary for those proceedings;
(c)the quality and effectiveness of training for IIAA adjudicators.
(d)after subsection (3A) insert—
(3B)In this section, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
(3)In section 50 (reports), at the end insert—
(4)This section does not apply in relation to the performance of functions by the IIAA (see section 50A).
(4)After section 50 insert—
50AReports relating to the IIAA
(1)This section applies in relation to the performance of functions by the IIAA.
(2)The Chief Inspector must report in writing to the Secretary of State and the Chief Executive of the IIAA—
(a)once each calendar year, and
(b)at other times as requested by the Secretary of State in relation to matters specified in the request.
(3)After receiving a report, the Chief Executive of the IIAA must send to the Secretary of State a written response to the report setting out—
(a)the extent to which the recommendations in the report are accepted, and
(b)any steps the Chief Executive proposes the IIAA take in response to the report.
(4)The Secretary of State must lay before Parliament—
(a)a copy of each report received under subsection (2), and
(b)a copy of each response received under subsection (3).
(5)But a copy of a report or response may omit material if the Secretary of State thinks that its publication—
(a)is undesirable for reasons of national security, or
(b)might jeopardise an individual’s safety.
(6)In this section (and section 50), “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Inserts a new provision into UK Borders Act 2007 — after section 50

The inserted text is set out above. · view UK Borders Act 2007 on legislation.gov.uk ↗

Amends UK Borders Act 2007, section 48 — Establishment
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
UK Borders Act 2007 — section 48
(1) The Secretary of State shall appoint a person as Chief Inspector of the UK Border Agency.
(1A) The Chief Inspector shall monitor and report on the efficiency and effectiveness of the performance of functions by the following—
(a) designated customs officials, and officials of the Secretary of State exercising customs functions;
(b) immigration officers, and officials of the Secretary of State exercising functions relating to immigration, asylum or nationality;
(c) the Secretary of State in so far as the Secretary of State has general customs functions;
(d) the Secretary of State in so far as the Secretary of State has functions relating to immigration, asylum or nationality;
(e) the Director of Border Revenue and any person exercising functions of the Director.
(f) the IIAA.
(1B) The Chief Inspector shall monitor and report on the efficiency and effectiveness of the services provided by a person acting pursuant to arrangements relating to the discharge of a function within subsection (1A).
(2) ... In particular, the Chief Inspector shall consider and make recommendations about—
(a) consistency of approach among the persons listed in subsections (1A) and (1B) (the “listed persons”),
(b) the practice and performance of the listed persons compared to other persons doing similar things,
(c) practice and procedure in making decisions,
(d) the treatment of claimants and applicants, applicants and appellants,
(e) certification under section 94 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (unfounded claim),
(f) compliance with law about discrimination in the exercise of functions, including reliance on section 19D of the Race Relations Act 1976 (c. 74) paragraph 17 of Schedule 3 to the Equality Act 2010 (exception for immigration functions),
(g) practice and procedure in relation to the exercise of enforcement powers (including powers of arrest, entry, search and seizure),
(ga) practice and procedure in relation to the prevention, detection and investigation of offences,
(gb) practice and procedure in relation to the conduct of criminal proceedings,
(gc) whether customs functions have been appropriately exercised by the Secretary of State and the Director of Border Revenue,
(h) the provision of information,
(i) the handling of complaints, and
(j) the content of information about conditions in countries outside the United Kingdom which the Secretary of State compiles and makes available, for purposes connected with immigration and asylum, to immigration officers and other officials.
(2ZA) When monitoring and reporting on the performance of functions by the IIAA, the Chief Inspector must also consider and make recommendations about the efficiency and effectiveness of the IIAA’s process, including in particular—
(a) the accessibility of the IIAA’s premises;
(b) the access that parties to IIAA proceedings have to technology necessary for those proceedings;
(c) the quality and effectiveness of training for IIAA adjudicators.
(2A) Unless directed to do so by the Secretary of State, the Chief Inspector shall not monitor and report on the exercise by the listed persons of—
(a) functions at removal centres and short term holding facilities and in pre-departure accommodation, and under escort arrangements, in so far as Her Majesty's Chief Inspector of Prisons has functions under section 5A of the Prison Act 1952 in relation to such functions, and
(b) functions at detention facilities, in so far as Her Majesty's Inspectors of Constabulary, the Scottish inspectors or the Northern Ireland inspectors have functions by virtue of section 29 of the Borders, Citizenship and Immigration Act 2009 in relation to such functions.
(3) ................................
(3A) In this section “ customs function ”, “ designated customs official ” and “ general customs function ” have the meanings given by Part 1 of the Borders, Citizenship and Immigration Act 2009.
(3B) In this section, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
(4) The Chief Inspector shall not aim to investigate individual cases (although this subsection does not prevent the Chief Inspector from considering or drawing conclusions about an individual case for the purpose of, or in the context of, considering a general issue).
Amends UK Borders Act 2007, section 50 — Reports
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
UK Borders Act 2007 — section 50
(1) The Chief Inspector shall report in writing to the Secretary of State—
(a) once each calendar year, in relation to the performance of the functions under section 48 generally, and
(b) at other times as requested by the Secretary of State in relation to specified matters.
(2) The Secretary of State shall lay before Parliament a copy of any report received under subsection (1).
(3) But a copy may omit material if the Secretary of State thinks that its publication—
(a) is undesirable for reasons of national security, or
(b) might jeopardise an individual's safety.
(4) This section does not apply in relation to the performance of functions by the IIAA (see section 50A).
Explanatory Notes · published by the Government with the Bill
105. This clause amends the UK Borders Act 2007 (UKBA 2007) to bring the Independent Immigration Appeals Authority (IIAA) within the remit of the Independent Chief Inspector of Borders and Immigration. 106. Subsection (2) inserts new subsection (2ZA) into section 48 of UKBA 2007. This provides that, when monitoring and reporting on the IIAA, the Chief Inspector must also consider and make recommendations about the efficiency and effectiveness of the IIAA’s process. 107. Subsections (3) and (4) amend the reporting provisions in the UK Borders Act 2007. They disapply the existing section 50 reporting arrangements in relation to the IIAA and insert a new section 50A dealing specifically with reports about the IIAA. 108. Subsection (4) inserts a new section 50A requiring the Chief Inspector to report in writing to the Secretary of State and the Chief Executive of the IIAA once each calendar year, and at other times as requested by the Secretary of State in relation to specified matters. It also requires the Chief Executive of the IIAA to provide a written response to each report, setting out the extent to which recommendations are accepted and any steps the IIAA expects to take in response. 109. The Secretary of State must lay before Parliament both the Chief Inspector’s report and the IIAA Chief Executive’s response. The clause allows material to be omitted from a report or response before publication where the Secretary of State considers that publication would be undesirable for reasons of national security or might jeopardise an individual’s safety.
Amendments tabled 2 · 1 would remove the whole clause · 2 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 1 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 13
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 10, line 17, leave out Clause 13

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 92
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Rejected on a vote
Explanatory statement · what it would do, in the words of Blake Stephenson

This probing amendment would require the Chief Inspector’s reports on the IIAA to cover the outcomes of its work – decisions set aside on appeal and removals after dismissed appeals – as well as process.

Effect on the clause · the printed text with this amendment applied
10:32(c) the quality and effectiveness of training for IIAA
10:33adjudicators.”;
(d) the proportion of decisions of the IIAA set aside on appeal to the Upper Tribunal;
(e) the number of persons removed from the United Kingdom following the dismissal of an appeal by the IIAA.
10:34(d) after subsection (3A) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 13, page 10, line 33, at end insert—
“(d) the proportion of decisions of the IIAA set aside on appeal to the Upper Tribunal;
(e) the number of persons removed from the United Kingdom following the dismissal of an appeal by the IIAA.”

This amendment was debated and rejected, following a vote.

14

14 — Transfer schemes

new law1 amendment
(1)The Secretary of State or the Lord Chancellor may, in connection with the transfer of functions from the First-tier Tribunal to the IIAA, make one or more schemes for the transfer of property, rights and liabilities between the Secretary of State and the IIAA (a “transfer scheme”).
(2)The things that may be transferred under a transfer scheme include—
(a)property, rights and liabilities that could not otherwise be transferred;
(b)property acquired, and rights and liabilities arising, after the making of the scheme;
(c)criminal liabilities.
(3)A transfer scheme may—
(a)create rights, or impose liabilities, in relation to property or rights transferred;
(b)make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;
(c)make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
(d)make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
(e)make provision for the shared ownership or use of property;
(f)make provision which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);
(g)make other consequential, supplementary, incidental or transitional provision.
(4)A transfer scheme may provide—
(a)for modifications by agreement;
(b)for modifications to have effect from the date when the original scheme came into effect.
(5)For the purposes of this section—
(a)references to rights and liabilities include rights and liabilities relating to a contract of employment;
(b)references to the transfer of property include the grant of a lease.
(6)For the purposes of subsection (5)(a)—
(a)an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and
(b)the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.
Explanatory Notes · published by the Government with the Bill
110. This clause confers a power on the Secretary of State or Lord Chancellor to make transfer schemes so that, for example, staff, assets and contractual arrangements can be moved to the IIAA, if required, to facilitate the transition of cases from the FTT-IAC. As the IIAA will gradually replace the FTT-IAC, there may be a need for property, rights and liabilities to be transferred so that the IIAA can continue to increase its caseload.
Amendments tabled 1 · 1 would remove the whole clause · 1 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 14
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 11, line 26, leave out Clause 14

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

15

15 — Power to specify cases to be heard by First-tier Tribunal instead of IIAA

new law3 amendments · 1 Government
(1)At any time before this Part is fully in force the Secretary of State may by regulations provide for specified descriptions of cases, that would otherwise be decided by the IIAA, to be decided by the First-tier Tribunal.
(2)When this Part comes fully into force, the Secretary of State must publish an announcement to that effect.
(3)Regulations under this section may in particular—
(a)make provision for all appeals and bail applications relating to a person to be heard by the same body, subject to any exceptions specified in the regulations;
(b)provide for cases for which proceedings have been commenced in the IIAA to be transferred to the First-tier Tribunal;
(c)require the Upper Tribunal to remit cases on appeal from the IIAA to the First-tier Tribunal.
Explanatory Notes · published by the Government with the Bill
111. This clause provides a means by which to ensure that specified descriptions of cases are heard by the FTT-IAC rather than the IIAA. This can be in relation to all appeals and bail applications for an individual to be heard by the same tribunal, the transfer of cases from the IIAA to the FTT or requiring the Upper Tribunal to remit cases on appeal from the FTT to the IIAA.
Amendments tabled 3, including 1 from the Government · 1 would remove the whole clause · 3 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 1 agreed, 0 rejected, 2 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 15
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 12, line 31, leave out Clause 15

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 93
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Not put to a vote
Explanatory statement · what it would do, in the words of Blake Stephenson

This probing amendment would limit the Home Secretary’s power to route appeals to the First-tier Tribunal to the first three years after the IIAA is established, so that the transition cannot run indefinitely.

Effect on the clause · the printed text with this amendment applied
12:3115 Power to specify cases to be heard by First-tier Tribunal instead of IIAA
12:32(1) At any time before this Part is fully in force, but no later than three years after the day on which section 1 comes into force, the Secretary of State may by
12:33regulations provide for specified descriptions of cases, that would otherwise
The amendment · as tabled, addressed to the printed Bill
Clause 15, page 12, line 32, after “force” insert “, but no later than three years after the day on which section 1 comes into force,”

The amendment was debated as part of a group of amendments, but not put to a vote.

Amendment 43 Government
Anna Turley, Minister of State (Home Office) Adds words Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment would give the Lord Chancellor the power to amend Tribunal Procedure Rules in connection with regulations under clause 15 transferring cases back to the First-Tier Tribunal from the IIAA. (See also amendment 46.)

Effect on the clause · the printed text with this amendment applied
13:1(c) require the Upper Tribunal to remit cases on appeal from the IIAA to
13:2the First-tier Tribunal.
(4) The Lord Chancellor may by rules made by statutory instrument make amendments to Tribunal Procedural Rules in connection with regulations made by the Secretary of State under this section.
(5) Before making rules under subsection (4), the Lord Chancellor must consult the Senior President of Tribunals.
(6) A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
The amendment · as tabled, addressed to the printed Bill
Clause 15, page 13, line 2, at end insert—
“(4) The Lord Chancellor may by rules made by statutory instrument make amendments to Tribunal Procedural Rules in connection with regulations made by the Secretary of State under this section.
(5) Before making rules under subsection (4), the Lord Chancellor must consult the Senior President of Tribunals.
(6) A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.”

This amendment was agreed to.

16

16 — Power to make consequential provision etc

new law1 amendment
(1)The Secretary of State may by regulations make provision that is consequential on this Part.
(2)Subject to subsection (3), the IIAA is to be treated as a tribunal for the purposes of any provision made by or under primary legislation that applies in relation to a tribunal.
(3)Regulations may amend any provision made by or under primary legislation that applies in relation to a tribunal so as to provide that—
(a)it applies to the IIAA with the amendments set out in the regulations, or
(b)it does not apply to the IIAA.
(4)Regulations under this section may amend, repeal or revoke provision made by primary legislation passed—
(a)before this Act, or
(b)later in the same session of Parliament as this Act,
(as well as amending or revoking provision made under such primary legislation).
(5)In this section “primary legislation” means—
(a)an Act,
(b)an Act or Measure of Senedd Cymru,
(c)an Act of the Scottish Parliament, or
(d)Northern Ireland legislation.
Explanatory Notes · published by the Government with the Bill
112. Clause 16 provides a power to allow the Secretary of State to make consequential amendments, enabling existing and limited future legislation to be amended via secondary legislation. This includes the ability to amend, repeal or revoke provisions made by or under an Act passed before the Bill, or later in the same session as the Bill. 113. This power intends to ensure that further minor or technical changes can be made by regulations if needed to ensure the new appeals system can operate effectively in practice, particularly as it is to be implemented in stages. 114. The clause also provides that any reference to a tribunal in primary or secondary legislation will apply to the IIAA unless regulations are made to amend it.
Amendments tabled 1 · 1 would remove the whole clause · 1 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 16
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 13, line 3, leave out Clause 16

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Part 2 — Article 8 of the European Convention on Human Rights

Explanatory Notes · the Government’s introduction to this Part, published with the Bill
Article 8 reform
25. The Government committed in the Restoring Order and Control statement to reform the domestic application of Article 8 ECHR to ensure the framework remains fair, robust and capable of supporting effective immigration control. Evidence published in the impact assessment indicates that aspects of the current framework allow individuals to remain in the UK in circumstances that are not aligned with the intended operation of the Immigration Rules. This can weaken confidence in the system and place sustained operational and financial pressures on public services. The legislation intends to provide a clear statutory framework that reflects established Strasbourg and domestic case law, constrains overly expansive interpretations, and enhances consistency across decision-making. 26. A central element of the reform package is to define and codify the concept of “family life” in primary legislation. At present, the absence of a clear statutory definition allows for a broad and evolving interpretation, including reliance on extended family relationships and loosely evidenced dependency. The reforms will clarify that, in most cases, family life is to be understood as existing between spouses, partners, and parents with their minor children, with a stronger emphasis on cohabitation and demonstrable ongoing relationships. Provision will be made for exceptional cases, but within a clearer statutory framework that sets out relevant factors for assessing dependency where relationships fall outside the core model. 27. The reforms also address the treatment of socio-economic and wider public interest considerations within the proportionality assessment that is undertaken in Article 8 cases. Section 117B of the Nationality, Immigration and Asylum Act 2002 currently provides only limited clarity on how decision-makers should weigh factors such as public costs and conduct, which can lead to disproportionate emphasis on individual circumstances. This Bill will therefore strengthen and clarify how these factors are taken into account, by identifying key underlying components of financial independence including the ability to adequately accommodate oneself and any dependents without reliance on state support and the requirement to not be, or become, reliant on public health or social care services (in particular) in the long term. These reforms support a more consistent and balanced application of the public interest test. 28. Available evidence published alongside the impact assessment shows that a significant proportion of successful claims involve individuals who have entered unlawfully or remained without leave. The reforms will introduce a clearer statutory approach to weighting immigration status and compliance, including stronger emphasis on lawful residence and clearer consequences for periods of non-compliance, in order to incentivise adherence to the Immigration Rules and support the integrity of the system. 29. The qualifying child provisions are also being amended to clarify what factors should be considered when determining whether it is in the public interest to remove the parent of a qualifying child from the UK. These factors focus on assisting decision makers to determine whether it is reasonable to expect that a child would be able to join a parent abroad should that parent be removed. The framework will also include provision for assessing the proportionality of removing a parent where a child remains in the UK. These changes are intended to maintain appropriate protections for children while ensuring that the approach reflects the wider public interest. 30. In relation to Article 8 claims in respect of the deportation of foreign nationals, the proposals introduce a stricter, more rigid Article 8 regime for those subject to deportation. They require that a person demonstrate a significant interference with Article 8 rights, introduce a proportionality assessment before a breach of Article 8 can be established for all cases, and incorporate clearer statements about the public interest. 31. This Bill clarifies that where a person is liable to deportation, the public interest requires their deportation unless the effect would be disproportionate. The effect will only be disproportionate if it is established that there has been a significant interference with Article 8 rights, and that interference cannot be justified by the public interest in favour of deportation. This ensures that a person’s criminal and immigration history is considered in every case and weighed against the interference before a breach of Article 8 can be established 32. This Bill clarifies that the public interest in deportation increases with the seriousness of the person’s offending or misconduct, the nature and circumstances of that offending or misconduct, and its impact on society as a whole. 33. The application of Section 117C of the Nationality, Immigration and Asylum Act 2002 is extended so that it applies to deportation cases generally, rather than only to cases involving the deportation of foreign criminals. 34. Finally, the Bill will require out-of-country applications that engage Article 8 to be made by the UK-based sponsor and will entitle the UK-based sponsor to appeal the refusal of any such application. This will ensure that the focus is on the Article 8 rights of the sponsor and how the decision to refuse entry to their overseas family member will impact them, aligned with European Court of Human Rights case law.
17

17 — Sponsor claims

amends 8 amendments · 3 Government
(1)In section 113 of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims: interpretation)—
(a)in subsection (1), in the definition of “human rights claim” (before its substitution by section 12 of the Immigration, Asylum and Nationality Act 2006), at the end insert “(see also subsection (1A)),”;
(b)in subsection (1), in the definition of “human rights claim” (as substituted by section 12 of the Immigration, Asylum and Nationality Act 2006), at the end insert—;
(see also subsection (1A)),
(c)in subsection (1), at the end insert—;
“sponsor human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to refuse a member of the person’s family entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 on the grounds of a breach of Article 8 of the Human Rights Convention (right to respect for private and family life).
(d)after subsection (1) insert—
(1A)In this Part, references to a human rights claim include a sponsor human rights claim, unless otherwise indicated.
(2)In consequence of the amendments made by subsection (1), the Nationality, Immigration and Asylum Act 2002 is amended as set out in subsections (3) to (7).
(3)In section 80A (inadmissible claims)—
(a)after subsection (1) insert—;
(1A)Subsection (1) does not apply to a sponsor human rights claim.
(b)in subsection (6), after ““human rights claim”,” insert ““sponsor human rights claim”,”.
(4)In section 85 (matters to be considered), after subsection (1) insert—
(1A)But where such an appeal relates to a sponsor human rights claim, it is instead to be treated as including an appeal against any decision relating to the family member seeking entry into the United Kingdom in respect of which either that family member or the person who made the sponsor human rights claim has a right of appeal under section 82(1).
(5)In section 86B (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation), in subsection (1), after “82(1)” insert “, other than an appeal against a decision to refuse a sponsor human rights claim,”.
(6)In section 94 (certification of human rights or protection claims as unfounded etc), after subsection (3) insert—
(3ZA)Subsection (3) does not apply in relation to a claimant who has made a sponsor human rights claim.
(7)In section 104 (pending appeal)—
(a)in subsection (4A), for “subsection (4B)” substitute “subsections (4AA) to (4B)”;
(b)after subsection (4A) insert—
(4AA)Subsection (4A) does not apply to an appeal against a decision relating to a sponsor human rights claim.
(4AB)An appeal under section 82(1) against a decision relating to a sponsor human rights claim is to be treated as abandoned if the family member to whom the claim relates is granted leave to enter or remain in the United Kingdom.
Amends Nationality, Immigration and Asylum Act 2002, section 113 — Interpretation
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 1, para 12 — only this clause’s changes are highlighted here.
Nationality, Immigration and Asylum Act 2002 — section 113

Includes the substituted definition of “human rights claim”, not yet in force — inserted by Immigration, Asylum and Nationality Act 2006; shown lightened for context (any change the Bill makes to it is marked up).

(1) In this Part, unless a contrary intention appears—
“asylum claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention,
...
“human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention)..., (see also subsection (1A)),
human rights claim—
(a) means a claim made by a person that to remove him from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention)..., but
(b) does not include a claim which, having regard to a former claim, falls to be disregarded for the purposes of this Part in accordance with immigration rules, (see also subsection (1A)),
“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 and “Convention rights” shall be construed in accordance with section 1 of that Act,
“ humanitarian protection ” has the meaning given in section 82(2);
...
“immigration rules” means rules under section 1(4) of the Immigration Act 1971 (general immigration rules),
...
“ protection claim ” has the meaning given in section 82(2)
“ protection status ” has the meaning given in section 82(2)
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol,
...
...
“sponsor human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to refuse a member of the person’s family entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 on the grounds of a breach of Article 8 of the Human Rights Convention (right to respect for private and family life).
(1A) In this Part, references to a human rights claim include a sponsor human rights claim, unless otherwise indicated.
(2) ................................
Amends Nationality, Immigration and Asylum Act 2002, section 80A — Claims by nationals of listed safe States
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 80A
(1) The Secretary of State must declare an asylum claim or a human rights claim made by a person who is a national of a member State State listed in section 80AA(1) inadmissible.
(1A) Subsection (1) does not apply to a sponsor human rights claim.
(2) An asylum A claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.
(3) A declaration under subsection (1) that an asylum a claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) or (b) (appeal against refusal of protection claim or human rights claim) arises.
(4) Subsection (1) does not apply if there are exceptional circumstances as a result of which the Secretary of State considers that the claim ought to be considered.
(5) For the purposes of subsection (4) exceptional circumstances include where the member State of which the claimant is a national—
(a) in a case where the claimant is a national of a State that is a signatory to the Human Rights Convention, where that State is derogating from any of its obligations under the Human Rights Convention, in accordance with Article 15 of the Convention;
(b) in a case where the claimant is a national of a member State, where that State is the subject of a proposal initiated in accordance with the procedure referred to in Article 7(1) of the Treaty on European Union and—
(i) the proposal has yet to be determined by the Council of the European Union or (as the case may be) the European Council,
(ii) the Council of the European Union has determined, in accordance with Article 7(1), that there is a clear risk of a serious breach by the member State of the values referred to in Article 2 of the Treaty, or
(iii) the European Council has determined, in accordance with Article 7(2), the existence of a serious and persistent breach by the member State of the values referred to in Article 2 of the Treaty.
(6) In this section and section 80AA—
“asylum claim”, “human rights claim”, “sponsor human rights claim”, “the Human Rights Convention” and “the Refugee Convention” have the meanings given by section 113;
“immigration rules” means rules under section 3(2) of the Immigration Act 1971;
“national” includes citizen;
“the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7 February 1992 as it had effect immediately before IP completion day.
Amends Nationality, Immigration and Asylum Act 2002, section 85 — Matters to be considered
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 1, para 5 — only this clause’s changes are highlighted here.
Nationality, Immigration and Asylum Act 2002 — section 85
(1) An appeal under section 82(1) against a decision shall be treated by the Tribunal as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).
(1A) But where such an appeal relates to a sponsor human rights claim, it is instead to be treated as including an appeal against any decision relating to the family member seeking entry into the United Kingdom in respect of which either that family member or the person who made the sponsor human rights claim has a right of appeal under section 82(1).
(2) If an appellant under section 82(1) makes a statement under section 120, the Tribunal shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84 against the decision appealed against.
(3) Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
(4) On an appeal under section 82(1)... against a decision the Tribunal may consider... any matter which it thinks relevant to the substance of the decision, including... a matter arising after the date of the decision.
(5) But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.
(6) A matter is a “new matter” if—
(a) it constitutes a ground of appeal of a kind listed in section 84, and
(b) the Secretary of State has not previously considered the matter in the context of—
(i) the decision mentioned in section 82(1), or
(ii) a statement made by the appellant under section 120.
Amends Nationality, Immigration and Asylum Act 2002, section 86B — Timeframe for determination of appeal brought by certain non-detained appellants liable to deportation
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 86B
(1) This section applies on an appeal under section 82(1), other than an appeal against a decision to refuse a sponsor human rights claim, where the appeal is brought by a person falling within subsection (2).
(2) A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person—
(a) is not detained (whether under any provision of the Immigration Acts or otherwise),
(b) has been convicted of an offence (whether in or outside the United Kingdom), and
(c) is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good).
(3) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.
(4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
Amends Nationality, Immigration and Asylum Act 2002, section 94 — Certification of human rights or protection claims as unfounded or removal to safe country
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 94
(1) The Secretary of State may certify a protection claim or human rights claim as clearly unfounded.
(3) If the Secretary of State is satisfied that a claimant is entitled to reside in a State listed in subsection (4) he shall certify the claim under subsection (1) unless satisfied that it is not clearly unfounded.
(3ZA) Subsection (3) does not apply in relation to a claimant who has made a sponsor human rights claim.
(3A) A person may not bring an appeal under section 82 against a decision if the claim to which the decision relates has been certified under subsection (1).
(4) The States are—
(a) ................................
(b) ................................
(c) ................................
(d) ................................
(e) ................................
(f) ................................
(g) ................................
(h) ................................
(i) ................................
(j) ................................
(k) the Republic of Albania,
(l) ................................
(m) ................................
(n) Jamaica,
(o) Macedonia,
(p) the Republic of Moldova, and
(q) ................................
(r) ................................
(s) Bolivia,
(t) Brazil,
(u) Ecuador,
(v) ................................
(w) South Africa, and
(x) Ukraine.
(y) India.
(z) Mongolia,
(aa) Ghana (in respect of men),
(bb) Nigeria (in respect of men).
(cc) Bosnia-Herzegovina,
(dd) Gambia (in respect of men),
(ee) Kenya (in respect of men),
(ff) Liberia (in respect of men),
(gg) Malawi (in respect of men),
(hh) Mali (in respect of men),
(ii) Mauritius,
(jj) Montenegro,
(kk) Peru,
(ll) Serbia,
(mm) Sierra Leone (in respect of men).
(nn) Kosovo,
(oo) South Korea.
(5) The Secretary of State may by order add a State, or part of a State, to the list in subsection (4) if satisfied that—
(a) there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and
(b) removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.
(5A) If the Secretary of State is satisfied that the statements in subsection (5) (a) and (b) are true of a State or part of a State in relation to a description of person, an order under subsection (5) may add the State or part to the list in subsection (4) in respect of that description of person.
(5B) Where a State or part of a State is added to the list in subsection (4) in respect of a description of person, subsection (3) shall have effect in relation to a claimant only if the Secretary of State is satisfied that he is within that description (as well as being satisfied that he is entitled to reside in the State or part).
(5C) A description for the purposes of subsection (5A) may refer to—
(a) gender,
(b) language,
(c) race,
(d) religion,
(e) nationality,
(f) membership of a social or other group,
(g) political opinion, or
(h) any other attribute or circumstance that the Secretary of State thinks appropriate.
(5D) In deciding whether the statements in subsection (5) (a) and (b) are true of a State or part of a State, the Secretary of State –
(a) shall have regard to all the circumstances of the State or part (including its laws and how they are applied), and
(b) shall have regard to information from any appropriate source (including... member States and international organisations).
(6) The Secretary of State may by order amend the list in subsection (4) so as to omit a State or part added under subsection (5); and the omission may be—
(a) general, or
(b) effected so that the State or part remains listed in respect of a description of person.
(6A) Subsection (3) shall not apply in relation to a claimant who—
(a) is the subject of a certificate under section 2 or 70 of the Extradition Act 2003 (c. 41),
(b) is in custody pursuant to arrest under section 5 of that Act,
(c) is the subject of a provisional warrant under section 73 of that Act,
(ca) is the subject of a certificate under section 74B of that Act,
(d) is the subject of an authority to proceed under section 7 of the Extradition Act 1989 (c. 33) or an order under paragraph 4(2) of Schedule 1 to that Act, or
(e) is the subject of a provisional warrant under section 8 of that Act or of a warrant under paragraph 5(1)(b) of Schedule 1 to that Act.
(7) The Secretary of State may certify a protection claim or human rights claim made by a person if —
(a) it is proposed to remove the person to a country of which he is not a national or citizen, and
(b) there is no reason to believe that the person’s rights under the Human Rights Convention will be breached in that country.
(8) In determining whether a person in relation to whom a certificate has been issued under subsection (7) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—
(a) a place where a person’s life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and
(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention or with the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.
(9) ................................
Amends Nationality, Immigration and Asylum Act 2002, section 104 — Pending appeal
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 1, para 8 — only this clause’s changes are highlighted here.
Nationality, Immigration and Asylum Act 2002 — section 104
(1) An appeal under section 82(1) is pending during the period—
(a) beginning when it is instituted, and
(b) ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).
(2) An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—
(a) an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,
(b) permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or
(c) an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.
(3) ................................
(4) ................................
(4A) An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsection (4B)subsections (4AA) to (4B)).
(4AA) Subsection (4A) does not apply to an appeal against a decision relating to a sponsor human rights claim.
(4AB) An appeal under section 82(1) against a decision relating to a sponsor human rights claim is to be treated as abandoned if the family member to whom the claim relates is granted leave to enter or remain in the United Kingdom.
(4B) Subsection (4A) shall not apply to an appeal in so far as it is brought on a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) where the appellant—
(a) ................................
(b) gives notice, in accordance with Tribunal Procedure Rules, that he wishes to pursue the appeal in so far as it is brought on that ground.
(4C) ................................
(5) ................................
Explanatory Notes · published by the Government with the Bill
150. Subsection (1) expands the definition of a human rights claim at section 113 of the Nationality, Immigration and Asylum Act 2002 so that it also includes a “sponsor human rights claim”. This means that a UK-based sponsor must make an application for their family member living outside of the UK to be granted entry clearance where the sponsor has a claim based on their family life rights (Article 8 of the European Convention on Human Rights). The effect of subsection (1) is that a UK based sponsor will be able to appeal against a decision to refuse a HR claim to their overseas family member under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002. 151. Subsection (2) describes how the new definition set out in subsection (1) requires further amendments to be made to the Nationality, Immigration and Asylum Act 2002 and that these changes are set out in subsections (3) to (7). 152. Subsection (3) makes amendments to section 80A of the Nationality, Immigration and Asylum Act 2002 so that a “sponsor human rights claim”, as created by subsection (1) above, cannot be deemed “inadmissible” under section 80A(1). It also clarifies that a “sponsor human rights claim” in section 80A has the same definition as that set out in section 113. 153. Subsection (4) makes necessary changes to section 85 (matters to be considered) of the Nationality, Immigration and Asylum Act 2002. Section 85 joins together all appeals related to the same appellant by requiring the Immigration Tribunal to include as part of an appeal under section 82(1) against a relevant decision, all matters raised in decisions for which the appellant has a right of appeal. Subsection (4)(a) creates an exception for sponsor human rights claims because in these cases the sponsor is the appellant. Subsection (4)(b) adds a new subsection 1(A), requiring that, for sponsor HR claims, the Tribunal must consider as part of a relevant appeal, any other appealable decision relating to the family member seeking entry to the UK. The effect is that an appeal against a decision in relation to a sponsor human rights claim will not include any matter in relation to a decision regarding the status of the sponsor. 154. Subsection (5) creates an exception for a “sponsor human rights claim” in section 86B (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) of the Nationality, Immigration and Asylum Act 2002. As a UK-based sponsor will not be an appellant liable to deportation, there is no requirement that their appeal be determined within the statutory timeframe laid out in this section. 155. Subsection (6) establishes an exception for a “sponsor human right claim” in section 94 (Certification of human rights or protection claims as unfounded or removal to safe country) of the Nationality, Immigration and Asylum Act 2002. It creates subsection 94(3ZA) that has the effect of preventing the certification of a sponsor human rights claim as unfounded if the UK-based sponsor is entitled to live in one of the “safe” states listed in subsection (4). 156. Subsection (7) inserts an exception into section 104 (pending appeal) of the Nationality, Immigration and Asylum Act 2002 for a “sponsor human rights claim”. Section 104(4A) requires that an appeal against an immigration decision be treated as abandoned if the appellant is granted leave to enter or remain in the UK. This will not be applicable where a UK sponsor is applying on behalf of an overseas family member so new subsections (4AA) and (4AB) disapply this measure to sponsor human rights claims and, instead, require an appeal to be treated as abandoned if the overseas family member is granted leave to enter or remain.
Amendments tabled 8, including 3 from the Government · 1 would remove the whole clause

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 84
Conservative: Chris Philp, Shadow Home Secretary supported by Matt Vickers Would remove the whole clause Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 13, line 27, leave out Clause 17

No explanatory statement was published with this amendment.

Amendment 130 GovernmentNew
Anna Turley, Minister of State (Home Office) Removes words Consequential Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment and amendment 131 are consequential on the repeal of section 12 of the Immigration and Asylum Act 2006 (which was never commenced) by the Schedule inserted by NS1.

Effect on the clause · the printed text with this amendment applied
13:29in respect of protection and human rights claims: interpretation)—
13:30(a) in subsection (1), in the definition of “human rights claim” (before its
13:31substitution by section 12 of the Immigration, Asylum and Nationality
13:32Act 2006), at the end insert “(see also subsection (1A)),”;
13:33(b) in subsection (1), in the definition of “human rights claim” (as
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 13, line 30, leave out from “claim”” to “, at” in line 32
Amendment 131 GovernmentNew
Anna Turley, Minister of State (Home Office) Removes words Not yet debated
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 130.

Effect on the clause · the printed text with this amendment applied
13:32Act 2006), at the end insert “(see also subsection (1A)),”;
13:33(b) in subsection (1), in the definition of “human rights claim” (as
13:34substituted by section 12 of the Immigration, Asylum and Nationality
13:35Act 2006), at the end insert—
13:36“(see also subsection (1A)),”;
14:1(c) in subsection (1), at the end insert—
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 13, line 33, leave out paragraph (b)
Amendment 94
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would require the place at which sponsor human rights claims may be made to be set by regulations subject to the affirmative procedure.

Effect on the clause · the printed text with this amendment applied
14:7Article 8 of the Human Rights Convention (right to respect for
14:8private and family life).”; , provided that the Secretary of State may only designate a place by regulations made by statutory instrument and that such a statutory instrument may only be made if a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
14:9(d) after subsection (1) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 14, line 8, at end insert “, provided that the Secretary of State may only designate a place by regulations made by statutory instrument and that such a statutory instrument may only be made if a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
Amendment 112
Conservative: Alicia Kearns, Shadow Minister (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Alicia Kearns

This amendment would require the Secretary of State to carry out safeguarding checks where a person makes a sponsor human rights claim under Clause 17.

Effect on the clause · the printed text with this amendment applied
14:10“(1A) In this Part, references to a human rights claim include a
14:11sponsor human rights claim, unless otherwise indicated.”
(e) after subsection (1A) insert—
“(1B) Where a person makes a sponsor human rights claim, the Secretary of State must carry out safeguarding checks in relation to that person before determining the claim.
(1C) The safeguarding checks under subsection (1B) must establish, so far as reasonably practicable, whether the person making the sponsor human rights claim—
(a) has been convicted of an offence involving domestic abuse, stalking, sexual offending or forced marriage;
(b) is subject to a relevant protective order relating to domestic abuse, stalking, sexual offending or forced marriage;
(c) has been the subject of a finding by a court or other competent authority of conduct involving domestic abuse, stalking, sexual offending or forced marriage; or
(d) has previously been the subject of an immigration decision in which concerns relating to forced marriage, abuse or the genuineness of a family relationship were material.
(1D) Where information falling within subsection (1C) is identified, the Secretary of State must take that information into account when determining the sponsor human rights claim and any decision relating to the family member to whom the claim relates.
(1E) The Secretary of State must consider whether the information identified under subsection (1C) indicates that the admission of the family member to the United Kingdom would give rise to a safeguarding risk to—
(a) the family member;
(b) any child affected by the decision; or
(c) any other person who may reasonably be expected to be at risk as a result of the admission.”
14:12(2) In consequence of the amendments made by subsection (1), the Nationality,
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 14, line 11, at end insert—
Show the full text (12 lines)
“(e) after subsection (1A) insert—
“(1B) Where a person makes a sponsor human rights claim, the Secretary of State must carry out safeguarding checks in relation to that person before determining the claim.
(1C) The safeguarding checks under subsection (1B) must establish, so far as reasonably practicable, whether the person making the sponsor human rights claim—
(a) has been convicted of an offence involving domestic abuse, stalking, sexual offending or forced marriage;
(b) is subject to a relevant protective order relating to domestic abuse, stalking, sexual offending or forced marriage;
(c) has been the subject of a finding by a court or other competent authority of conduct involving domestic abuse, stalking, sexual offending or forced marriage; or
(d) has previously been the subject of an immigration decision in which concerns relating to forced marriage, abuse or the genuineness of a family relationship were material.
(1D) Where information falling within subsection (1C) is identified, the Secretary of State must take that information into account when determining the sponsor human rights claim and any decision relating to the family member to whom the claim relates.
(1E) The Secretary of State must consider whether the information identified under subsection (1C) indicates that the admission of the family member to the United Kingdom would give rise to a safeguarding risk to—
(a) the family member;
(b) any child affected by the decision; or
(c) any other person who may reasonably be expected to be at risk as a result of the admission.””
Amendment 95
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Removes words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would remove the exemption of sponsor human rights claims from the inadmissibility provisions in section 80A of the Nationality, Immigration and Asylum Act 2002, to test why such claims should be treated more favourably than other human rights claims.

Effect on the clause · the printed text with this amendment applied
14:14to (7).
14:15(3) In section 80A (inadmissible claims)—
14:16(a) after subsection (1) insert—
14:17“(1A) Subsection (1) does not apply to a sponsor human rights
14:18claim.”;
14:19(b) in subsection (6), after ““human rights claim”,” insert ““sponsor human
14:20rights claim”,”.
14:21(4) In section 85 (matters to be considered), after subsection (1) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 14, line 15, leave out subsection (3)
Amendment 96 Government
Anna Turley, Minister of State (Home Office) supported by Blake Stephenson (Conservative), Matt Vickers (Conservative) Cross-party Removes words Consequential Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on the amendment to section 94(3) of the Nationality, Immigration and Asylum Act 2002 made by the new Schedule inserted by amendment NS1.

Effect on the clause · the printed text with this amendment applied
14:31rights claim,”.
14:32(6) In section 94 (certification of human rights or protection claims as unfounded
14:33etc), after subsection (3) insert—
14:34“(3ZA) Subsection (3) does not apply in relation to a claimant who has made
14:35a sponsor human rights claim.”
14:36(7) In section 104 (pending appeal)—
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 14, line 32, leave out subsection (6)
Amendment 97
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would confine the new sponsor right of appeal to claims relating to a spouse, civil partner, partner or minor child (or, for a child sponsor, a parent), in line with the Government’s own definition of the core cohabiting family in clause 18.

Effect on the clause · the printed text with this amendment applied
15:3the family member to whom the claim relates is granted leave
15:4to enter or remain in the United Kingdom.”
(8) In section 82 (right of appeal to the Tribunal), after subsection (1) insert—
“(1ZA) An appeal does not lie under subsection (1)(b) against a decision to refuse a sponsor human rights claim unless the family member to whom the claim relates would, if they lived with the person who made the claim, be a member of that person’s core cohabiting family within the meaning of section 117AA(2).”
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 15, line 4, at end insert—
“(8) In section 82 (right of appeal to the Tribunal), after subsection (1) insert—
“(1ZA) An appeal does not lie under subsection (1)(b) against a decision to refuse a sponsor human rights claim unless the family member to whom the claim relates would, if they lived with the person who made the claim, be a member of that person’s core cohabiting family within the meaning of section 117AA(2).””
18

18 — Family life

amends 9 amendments · 2 Government
(1)Part 5A of the Nationality, Immigration and Asylum Act 2002 (Article 8 of the ECHR) is amended as follows.
(2)In the Part heading, after “ECHR:” insert “family life and”.
(3)In section 117A (application of Part 5A)—
(a)after subsection (1) insert—;
(1A)The court or tribunal must first decide whether Article 8 is engaged on the basis of the person’s private and family life.
(1B)In considering whether Article 8 is so engaged, the court or tribunal must (in particular) have regard to the considerations listed in section 117AA.
(1C)If the court or tribunal decides that Article 8 is so engaged, it must then consider the public interest question.
(b)in subsection (3), for “subsection (2)” substitute “this section”.
(4)After section 117A insert—
117AAArticle 8: existence of family life
(1)A person’s family life for the purposes of Article 8 is normally limited to their core cohabiting family.
(2)“Core cohabiting family”, in relation to a person, A, means the following people, to the extent that A lives with them—
(a)A’s spouse, civil partner or partner;
(b)where A is a parent, A’s children who are under the age of 18;
(c)where A is under the age of 18, A’s parents.
(3)Where a person, A, has a child, B, who is under the age of 18, with whom A does not live, A does not normally have a family life with B for the purposes of Article 8 unless there is evidence that A has a genuine and subsisting parental relationship with B.
(4)An adult, A, does not normally have a family life for the purposes of Article 8 with another adult, B, unless—
(a)A and B live together as spouses, civil partners or partners, or
(b)the circumstances are such that there is an additional element of dependency (beyond normal emotional ties) as between A and B.
(5)For the purposes of subsection (4), the following factors, when taken independently, do not constitute an additional element of dependency as between a person, A, and another person, B—
(a)the fact that A is financially dependent on B;
(b)the fact that A suffers from physical or mental illness or infirmity, unless—
(i)the illness or infirmity means that A is incapacitated to such an extent that A is in need of constant care and support,
(ii)B is (or would be) able to provide that care and support, and
(iii)A would not receive adequate care and support if A were not in the same country as B;
(c)the fact that A relies on B for emotional support;
(d)the fact that A lives in a country affected by war, conflict or instability and as a result B is concerned about A’s welfare.
(6)Nothing in subsection (5) prevents a court or tribunal from considering the factors mentioned in that subsection when determining the public interest question.
(7)In this section, “the public interest question” has the same meaning as in section 117A.
Inserts a new provision into Nationality, Immigration and Asylum Act 2002 — after section 117A

The inserted text is set out above. · view Nationality, Immigration and Asylum Act 2002 on legislation.gov.uk ↗

Amends Nationality, Immigration and Asylum Act 2002, section 117A — Application of this Part
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 20 — only this clause’s changes are highlighted here.
Nationality, Immigration and Asylum Act 2002 — section 117A
PART 5A Article 8 of the ECHR: family life and public interest considerations
(1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—
(a) breaches a person's right to respect for private and family life under Article 8, and
(b) as a result would be unlawful under section 6 of the Human Rights Act 1998.
(1A) The court or tribunal must first decide whether Article 8 is engaged on the basis of the person’s private and family life.
(1B) In considering whether Article 8 is so engaged, the court or tribunal must (in particular) have regard to the considerations listed in section 117AA.
(1C) If the court or tribunal decides that Article 8 is so engaged, it must then consider the public interest question.
(2) In considering the public interest question, the court or tribunal must (in particular) have regard—
(a) in all cases, to the considerations listed in section 117B, and
(b) in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.
(3) In subsection (2)this section, “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).
Explanatory Notes · published by the Government with the Bill
157. Clause 18(2) amends the heading in Part 5A of the Nationality, Immigration and Asylum Act 2002 to reflect the addition of the definition of family life: Article 8 of the ECHR: Family life and public interest considerations. 158. Clause 18(3) inserts new subsections (1A), (1B) and (1C) to s.117A to state the court or tribunal must first decide whether Article 8 is engaged on the basis of a person’s private and family life, that in considering whether Article 8 is engaged the court must have regard to the considerations in section 117AA, and that it is, it must then go onto consider the public interest question. 159. Clause 18(4) inserts new section 117AA to set out the definition of family life for the purposes of Article 8 and the various elements of this definition are set out in subsections (1) to (5). 160. Subsection (1) sets out that a person’s family life for the purposes of Article 8 is normally limited to their core cohabiting family and subsection (2) states that the “core cohabiting family” means a person’s spouse, civil partner or partner; their children under the age of 18 if they are a parent; or, where the person is under the age of 18 themselves, their parents, who they live with. 161. Subsection (3) sets out that for non-cohabiting parent and child relationships, family life is not normally established for the purposes of Article 8 unless the parent can evidence they have a genuine and subsisting parental relationship with the child. 162. Subsection (4) states that a person does not normally have a family life for the purposes of Article 8 with another adult unless they live together as spouses, civil partners of partners, or there are additional elements of dependence beyond normal emotional ties between the two adults. 163. Subsection (5) sets out the factors which, in isolation, do not constitute an additional element of dependency between two adults at paragraphs (a) to (d). In respect of subsection (b)(iii) on adequate care, this does not require the care available in the country where A lives to be of the same standard as in the UK. 164. Subsection (6) states that courts or tribunals are not prevented from considering the factors mentioned in subsection (5) when determining the public interest question. 165. Subsection (7) states that “the public interest question” has the same meaning as in section 117A of the Nationality, Immigration and Asylum Act 2002.
Amendments tabled 9, including 2 from the Government · 1 would remove the whole clause

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 55
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 15, line 5, leave out Clause 18

No explanatory statement was published with this amendment.

Amendment 98
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Replaces words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would require courts and tribunals to decide whether Article 8 is engaged in accordance with new section 117AA, rather than only to have regard to it.

Effect on the clause · the printed text with this amendment applied
15:13(1B) In considering whether Article 8 is so engaged, the court or
15:14tribunal must (in particular) have regard to the considerations
15:15listed in section 117AA. must determine that question in accordance with section 117AA.
15:16(1C) If the court or tribunal decides that Article 8 is so engaged, it
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 14, leave out from “must” to end of line 15 and insert “must determine that question in accordance with section 117AA.”
Amendment 99
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Removes words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment, with Amendments 101 and 102, would remove the word “normally” from new section 117AA so that family life for the purposes of Article 8 is limited to the core cohabiting family and the other relationships specified, without an open-ended qualification.

Effect on the clause · the printed text with this amendment applied
15:20“117AA Article 8: existence of family life
15:21(1) A person’s family life for the purposes of Article 8 is normally limited
15:22to their core cohabiting family.
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 21, leave out “normally”
Amendment 100
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would require a partner who is not a spouse or civil partner to have lived with the person in a relationship akin to marriage or civil partnership for at least two years to count as part of the core cohabiting family.

Effect on the clause · the printed text with this amendment applied
15:24following people, to the extent that A lives with them—
15:25(a) A’s spouse, civil partner or partner; (but only where A and the partner have lived together in a relationship akin to marriage or civil partnership for at least two years)
15:26(b) where A is a parent, A’s children who are under the age of
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 25, at end insert “(but only where A and the partner have lived together in a relationship akin to marriage or civil partnership for at least two years)”
Amendment 44 Government
Anna Turley, Minister of State (Home Office) Removes words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment would remove the words “with whom A does not live” so as to make it clear that the test of whether a parent has a genuine and subsisting relationship with their child for the purposes of establishing family life also applies where the parent and child are cohabiting.

Effect on the clause · the printed text with this amendment applied
15:28(c) where A is under the age of 18, A’s parents.
15:29(3) Where a person, A, has a child, B, who is under the age of 18, with
15:30whom A does not live, A does not normally have a family life with
15:31B for the purposes of Article 8 unless there is evidence that A has a
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 29, leave out “with whom A does not live,”
Amendment 101
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Removes words Consequential Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment is consequential on Amendment 99.

Effect on the clause · the printed text with this amendment applied
15:29(3) Where a person, A, has a child, B, who is under the age of 18, with
15:30whom A does not live, A does not normally have a family life with
15:31B for the purposes of Article 8 unless there is evidence that A has a
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 30, leave out “normally”
Amendment 45 Government
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment would provide a steer to decision-makers on how to determine, for the purposes of deciding whether family life exists, whether a parent and child have a genuine and subsisting parental relationship, based on the nature, duration and frequency of contact and how recently it has been established.

Effect on the clause · the printed text with this amendment applied
15:31B for the purposes of Article 8 unless there is evidence that A has a
15:32genuine and subsisting parental relationship with B.
(3A) In determining whether A has a genuine and subsisting parental relationship with B, the considerations to be taken into account include—
(a) the nature of the contact between A and B,
(b) the duration and frequency of the contact between A and B, and
(c) whether the contact between A and B (including cohabitation) has recently been established or re-established.
15:33(4) An adult, A, does not normally have a family life for the purposes of
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 32, at end insert—
“(3A) In determining whether A has a genuine and subsisting parental relationship with B, the considerations to be taken into account include—
(a) the nature of the contact between A and B,
(b) the duration and frequency of the contact between A and B, and
(c) whether the contact between A and B (including cohabitation) has recently been established or re-established.”
Amendment 102
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Removes words Consequential Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment is consequential on Amendment 99.

Effect on the clause · the printed text with this amendment applied
15:32genuine and subsisting parental relationship with B.
15:33(4) An adult, A, does not normally have a family life for the purposes of
15:34Article 8 with another adult, B, unless—
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 33, leave out “normally”
Amendment 103
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Removes words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would remove the provision allowing the factors excluded by new section 117AA(5) to be considered at the public interest stage, to test whether subsection (6) undoes the effect of subsection (5).

Effect on the clause · the printed text with this amendment applied
16:16instability and as a result B is concerned about A’s welfare.
16:17(6) Nothing in subsection (5) prevents a court or tribunal from considering
16:18the factors mentioned in that subsection when determining the public
16:19interest question.
16:20(7) In this section, “the public interest question” has the same meaning
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 16, line 17, leave out subsection (6)
19

19 — Public interest considerations

amends 5 amendments
(1)Section 117B of the Nationality, Immigration and Asylum Act 2002 (Article 8: public interest considerations applicable in all cases) is amended as follows.
(2)In subsection (3), for the words from “are financially” to the end substitute “—
(a)are, and are likely to remain, financially independent,
(b)are, and are likely to remain, able to house themselves (and any dependent family members) adequately without reliance on state support, and
(c)are not, and are not likely to become, reliant on public services, in particular health or social care services, in the long-term,
because such persons are not likely to be a burden on taxpayers and are likely to be better able to integrate into society.
(3)After subsection (3) insert—
(3A)It is in the public interest, and in particular in the interests of the prevention of disorder or crime, that persons who seek to enter or remain in the United Kingdom—
(a)have not been convicted of a criminal offence (in the United Kingdom or elsewhere),
(b)have co-operated with immigration authorities and processes, and
(c)are otherwise of good character.
(4)For subsection (4) substitute—
(4)No weight should be given to a private or family life established by a person at a time when the person is in the United Kingdom and—
(a)they require leave to enter or remain in the United Kingdom but do not have it or obtained it by deception, or
(b)they are in serious breach of a condition attached to their leave to enter or remain.
(5)In subsection (5), after “private” insert “or family”.
(6)In subsection (6)—
(a)omit the “and” at the end of paragraph (a);
(b)after paragraph (b) insert
“, and”
(c)if the person were to be removed and the child were to remain in the United Kingdom, that would have a very significant and long-lasting adverse effect on the child.
(7)After subsection (6) insert—
(7)For the purposes of subsection (6)(b), it would not be reasonable to expect a child to leave the United Kingdom if (and only if) one or more of the following conditions are met—
(a)the child would not receive any education in the country to which the child is proposed to be relocated (the “new country”);
(b)there would be very significant obstacles to the child’s ability to adapt to or integrate into the new country;
(c)the child’s relocation to the new country would otherwise have a very significant and long-lasting adverse effect on the child.
Amends Nationality, Immigration and Asylum Act 2002, section 117B — Article 8: public interest considerations applicable in all cases
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 117B
(1) The maintenance of effective immigration controls is in the public interest.
(2) It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are able to speak English, because persons who can speak English—
(a) are less of a burden on taxpayers, and
(b) are better able to integrate into society.
(3) It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are financially independent, because such persons—
(a) are not a burden on taxpayers, and
(b) are better able to integrate into society.
(a) are, and are likely to remain, financially independent,
(b) are, and are likely to remain, able to house themselves (and any dependent family members) adequately without reliance on state support, and
(c) are not, and are not likely to become, reliant on public services, in particular health or social care services, in the long-term,
because such persons are not likely to be a burden on taxpayers and are likely to be better able to integrate into society.
(3A) It is in the public interest, and in particular in the interests of the prevention of disorder or crime, that persons who seek to enter or remain in the United Kingdom—
(a) have not been convicted of a criminal offence (in the United Kingdom or elsewhere),
(b) have co-operated with immigration authorities and processes, and
(c) are otherwise of good character.
(4) Little weight should be given to—
(a) a private life, or
(b) a relationship formed with a qualifying partner,
that is established by a person at a time when the person is in the United Kingdom unlawfully.
(4) No weight should be given to a private or family life established by a person at a time when the person is in the United Kingdom and—
(a) they require leave to enter or remain in the United Kingdom but do not have it or obtained it by deception, or
(b) they are in serious breach of a condition attached to their leave to enter or remain.
(5) Little weight should be given to a private or family life established by a person at a time when the person's immigration status is precarious.
(6) In the case of a person who is not liable to deportation, the public interest does not require the person's removal where—
(a) the person has a genuine and subsisting parental relationship with a qualifying child, and
(b) it would not be reasonable to expect the child to leave the United Kingdom. Kingdom, and
(c) if the person were to be removed and the child were to remain in the United Kingdom, that would have a very significant and long-lasting adverse effect on the child.
(7) For the purposes of subsection (6)(b), it would not be reasonable to expect a child to leave the United Kingdom if (and only if) one or more of the following conditions are met—
(a) the child would not receive any education in the country to which the child is proposed to be relocated (the “new country”);
(b) there would be very significant obstacles to the child’s ability to adapt to or integrate into the new country;
(c) the child’s relocation to the new country would otherwise have a very significant and long-lasting adverse effect on the child.
Explanatory Notes · published by the Government with the Bill
166. This clause amends section 117B of the Nationality, Immigration and Asylum Act 2002, which sets out the considerations that courts or tribunals should have regard to when deciding if an interference with a person’s Article 8 rights is justified. 167. Subsection (2) amends 117B(3) of the Nationality, Immigration and Asylum Act 2002 to clarify it is in the public interest that a person who seeks to enter or remain in the UK is, and is likely to remain, financially independent and able to house themselves and any family members adequately without reliance on State support; and is not likely to be reliant on public services, in particular health or social care, in the long-term. 168. Subsection (3) inserts new subsection (3A) to state it is in the public interest of the prevention of disorder or crime that a person who seeks to enter or remain in the UK has not been convicted of a criminal offence (in the UK or elsewhere), has co-operated with immigration authorities and processes and is otherwise of good character. 169. Subsection (4) amends section 117B(4) of the Nationality, Immigration and Asylum Act 2002 by providing that no weight should be given to family or private life established by a person when they are in the UK and require leave to enter or remain in the UK and do not have it (or obtained it by deception) or if they are in serious breach of a condition attached to their leave to enter or remain. This provides a starting point for the weight that should be attributed to a person’s private or family life when established in these circumstances. Courts and tribunals will continue to have the ability to depart from this weighting undersection 117(A)(2) of the Nationality, Immigration and Asylum Act 2002. 170. Subsection (5) amends section 117B(5) of the Nationality, Immigration and Asylum Act 2002 so that family life and private life should both be given little weight if established when a person’s immigration status in the UK is precarious. 171. Subsection (6) amends section 117B(6) of the Nationality, Immigration and Asylum Act 2002 by inserting new paragraph 117B(6)(c) so that in considering whether the public interest requires removal, where the person has a genuine and subsisting parental relationship with a qualifying child and it would not be reasonable to expect the child to leave the UK, courts or tribunals should now also consider whether a person’s removal from the UK would have a very significant and long- lasting adverse effect on the child if the child were to remain in the UK. 172. Subsection (7) inserts new subsection 117B(7) into the Nationality, Immigration and Asylum Act 2002 setting out when it would not be reasonable to expect a qualifying child to leave the UK. These conditions relate to the provision of education, obstacles to integration and any significant, long term adverse effect that would be had on the child
Amendments tabled 5 · 1 would remove the whole clause

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 56
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 16, line 22, leave out Clause 19

No explanatory statement was published with this amendment.

Amendment 61
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment inserts a new public interest consideration into section 117B of the Nationality, Immigration and Asylum Act 2002, requiring a court or tribunal to take into consideration the effects of violence against women and girls when deciding whether an interference with a person’s Article 8 rights is justified.

Effect on the clause · the printed text with this amendment applied
16:42and
17:1(c) are otherwise of good character.”
(3AB) It is in the public interest, and in particular in the interests of the elimination of violence against women and girls, that due regard be given to circumstances arising from a person who seeks to enter or remain in the United Kingdom being a victim of violence against women and girls, including domestic abuse (within the meaning of Part 1 of the Domestic Abuse Act 2021).
17:2(4) For subsection (4) substitute—
The amendment · as tabled, addressed to the printed Bill
Clause 19, page 17, line 1, at end insert—
“(3AB) It is in the public interest, and in particular in the interests of the elimination of violence against women and girls, that due regard be given to circumstances arising from a person who seeks to enter or remain in the United Kingdom being a victim of violence against women and girls, including domestic abuse (within the meaning of Part 1 of the Domestic Abuse Act 2021).”
Amendment 104
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would require the new “good character” consideration to be applied in the same way as the good character requirement for naturalisation as a British citizen.

Effect on the clause · the printed text with this amendment applied
16:42and
17:1(c) are otherwise of good character.”
(3B) In determining for the purposes of subsection (3A)(c) whether a person is of good character, the court or tribunal must apply the guidance issued by the Secretary of State for the purposes of the good character requirement in paragraph 1(1)(b) of Schedule 1 to the British Nationality Act 1981, as that guidance has effect from time to time.
17:2(4) For subsection (4) substitute—
The amendment · as tabled, addressed to the printed Bill
Clause 19, page 17, line 1, at end insert—
“(3B) In determining for the purposes of subsection (3A)(c) whether a person is of good character, the court or tribunal must apply the guidance issued by the Secretary of State for the purposes of the good character requirement in paragraph 1(1)(b) of Schedule 1 to the British Nationality Act 1981, as that guidance has effect from time to time.”
Amendment 105
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Replaces words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would require, rather than advise, that no weight is given to private or family life established while a person is in the United Kingdom unlawfully, with leave obtained by deception or in serious breach of their conditions.

Effect on the clause · the printed text with this amendment applied
17:2(4) For subsection (4) substitute—
17:3“(4) No weight shouldmust be given to a private or family life established by
17:4a person at a time when the person is in the United Kingdom and—
The amendment · as tabled, addressed to the printed Bill
Clause 19, page 17, line 3, leave out “should” and insert “must”
Amendment 106
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Removes words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This probing amendment would apply the “no weight” rule to private or family life established while a person is in any form of breach of a condition of their leave, not just a ‘serious’ breach.

Effect on the clause · the printed text with this amendment applied
17:6but do not have it or obtained it by deception, or
17:7(b) they are in serious breach of a condition attached to their leave
17:8to enter or remain.”
The amendment · as tabled, addressed to the printed Bill
Clause 19, page 17, line 7, leave out “serious”
20

20 — Cases involving foreign criminals and others liable to deportation

amends 5 amendments
(1)Part 5A of the Nationality, Immigration and Asylum Act 2002 (Article 8 of the ECHR) is amended as set out in subsections (2) to (4).
(2)In section 117A (application of Part 5A), in subsection (2)(b), for “the deportation of foreign criminals” substitute “deportation”.
(3)For section 117C (additional considerations in cases involving foreign criminals) substitute—
117CArticle 8: cases involving foreign criminals and others liable to deportation
(1)Where a person is liable to deportation, the public interest, and in particular the interest in public safety and the prevention of disorder or crime, requires their deportation unless its effect on the person or a member of their family would be disproportionate.
(2)The more serious—
(a)an offence committed by a person,
(b)the nature and circumstances of a person’s offending, or
(c)the impact of a person’s offending on society as a whole,
the greater is the public interest in the person’s deportation.
(3)The effect of a person’s deportation will be disproportionate if (and only if)—
(a)one (or more) of the following sets of exceptional circumstances applies, and
(b)the interference with a person’s rights under Article 8 that exist by virtue of those exceptional circumstances cannot be justified by the public interest in favour of the person’s deportation (see subsections (1) and (2) and section 117B(1) to (5)).
(4)The first set of exceptional circumstances applies where—
(a)the person has been lawfully resident in the United Kingdom for most of their life,
(b)the person is socially and culturally integrated in the United Kingdom, and
(c)there would be very significant obstacles to the person’s integration into the country to which they are proposed to be deported.
(5)The second set of exceptional circumstances applies where the person has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of the person’s deportation on the partner or child would be unduly harsh.
(6)The third set of exceptional circumstances applies where there are otherwise very compelling circumstances indicating that the person (or a member of their family) has a claim under Article 8 which is at least as strong as if the circumstances in subsection (4) or (5) applied.
(4)In section 117D (interpretation)—
(a)after subsection (1) insert—;
(1A)For the purposes of this Part, a person is “liable to deportation” if they are liable to deportation under section 3(5)(a) or (6) of the Immigration Act 1971.
(b)omit subsections (2) to (4).
(5)In section 45 of the Sentencing Act 2026 (deportation of foreign criminals), omit subsection (2).
Amends Nationality, Immigration and Asylum Act 2002, section 117A — Application of this Part
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 18 — only this clause’s changes are highlighted here.
Nationality, Immigration and Asylum Act 2002 — section 117A
(1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—
(a) breaches a person's right to respect for private and family life under Article 8, and
(b) as a result would be unlawful under section 6 of the Human Rights Act 1998.
(2) In considering the public interest question, the court or tribunal must (in particular) have regard—
(a) in all cases, to the considerations listed in section 117B, and
(b) in cases concerning the deportation of foreign criminalsdeportation, to the considerations listed in section 117C.
(3) In subsection (2), “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).
Amends Nationality, Immigration and Asylum Act 2002, section 117C — Article 8: additional considerations in cases involving foreign criminals
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 117C
(1) The deportation of foreign criminals is in the public interest.
(2) The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal.
(3) In the case of a foreign criminal (“C”) who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C's deportation unless Exception 1 or Exception 2 applies.
(4) Exception 1 applies where—
(a) C has been lawfully resident in the United Kingdom for most of C's life,
(b) C is socially and culturally integrated in the United Kingdom, and
(c) there would be very significant obstacles to C's integration into the country to which C is proposed to be deported.
(5) Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of C's deportation on the partner or child would be unduly harsh.
(6) In the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances, over and above those described in Exceptions 1 and 2.
(7) The considerations in subsections (1) to (6) are to be taken into account where a court or tribunal is considering a decision to deport a foreign criminal only to the extent that the reason for the decision was the offence or offences for which the criminal has been convicted.
117C Article 8: cases involving foreign criminals and others liable to deportation
(1) Where a person is liable to deportation, the public interest, and in particular the interest in public safety and the prevention of disorder or crime, requires their deportation unless its effect on the person or a member of their family would be disproportionate.
(2) The more serious—
(a) an offence committed by a person,
(b) the nature and circumstances of a person’s offending, or
(c) the impact of a person’s offending on society as a whole,
the greater is the public interest in the person’s deportation.
(3) The effect of a person’s deportation will be disproportionate if (and only if)—
(a) one (or more) of the following sets of exceptional circumstances applies, and
(b) the interference with a person’s rights under Article 8 that exist by virtue of those exceptional circumstances cannot be justified by the public interest in favour of the person’s deportation (see subsections (1) and (2) and section 117B(1) to (5)).
(4) The first set of exceptional circumstances applies where—
(a) the person has been lawfully resident in the United Kingdom for most of their life,
(b) the person is socially and culturally integrated in the United Kingdom, and
(c) there would be very significant obstacles to the person’s integration into the country to which they are proposed to be deported.
(5) The second set of exceptional circumstances applies where the person has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of the person’s deportation on the partner or child would be unduly harsh.
(6) The third set of exceptional circumstances applies where there are otherwise very compelling circumstances indicating that the person (or a member of their family) has a claim under Article 8 which is at least as strong as if the circumstances in subsection (4) or (5) applied.
Amends Nationality, Immigration and Asylum Act 2002, section 117D — Interpretation of this Part
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 117D
(1) In this Part—
“Article 8” means Article 8 of the European Convention on Human Rights;
“qualifying child” means a person who is under the age of 18 and who—
(a) is a British citizen, or
(b) has lived in the United Kingdom for a continuous period of seven years or more;
“qualifying partner” means a partner who—
(a) is a British citizen, or
(b) who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).
(1A) For the purposes of this Part, a person is “liable to deportation” if they are liable to deportation under section 3(5)(a) or (6) of the Immigration Act 1971.
(2) In this Part, “foreign criminal” means a person—
(a) who is not a British citizen,
(b) who has been convicted in the United Kingdom of an offence, and
(c) who—
(i) has been sentenced to a period of imprisonment of at least 12 months,
(ii) has been convicted of an offence that has caused serious harm, or
(iii) is a persistent offender.
(3) For the purposes of subsection (2)(b), a person subject to an order under—
(a) section 5 of the Criminal Procedure (Insanity) Act 1964 (insanity etc),
(b) section 57 of the Criminal Procedure (Scotland) Act 1995 (insanity etc), or
(c) Article 50A of the Mental Health (Northern Ireland) Order 1986 (insanity etc),
has not been convicted of an offence.
(4) In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—
(a) ................................
(b) do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time;
(c) include a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders) for that length of time; and
(d) include a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period, provided that it may last for at least that length of time.
(5) If any question arises for the purposes of this Part as to whether a person is a British citizen, it is for the person asserting that fact to prove it.
Amends Sentencing Act 2026, section 45 — Deportation of foreign criminals
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Sentencing Act 2026 — section 45
(1) In section 38(1) of the UK Borders Act 2007 (meaning of “period of imprisonment” for purposes of condition 1 in definition of “foreign criminal”), omit paragraph (a).
(2) In section 117D(4) of the Nationality, Immigration and Asylum Act 2002 (meaning of “period of imprisonment” for purposes of definition of “foreign criminal”), omit paragraph (a).
Explanatory Notes · published by the Government with the Bill
173. This clause amends sections 117C and 117D of the Nationality, Immigration and Asylum Act 2002, which sets out the additional considerations that courts or tribunals should have regard to when deciding, in a case involving a foreign criminal or other person who is liable to deportation, if an interference with a person’s Article 8 rights is justified. 174. Subsection (2) amends section 117A of the Nationality, Immigration and Asylum Act 2002 to reflect the additional considerations in section 117C will apply to all persons liable to deportation. 175. Subsection (3) substitutes a new section 117C into the Nationality, Immigration and Asylum Act 2002. New section 117C applies to all persons liable to deportation under sections 3(5) and (6) of the Immigration Act 1971. New section 117C(1) sets out where a person is liable to deportation, the public interest, and in particular that pertaining to public safety and the prevention of disorder or crime requires their deportation unless its effect, either on that person or a member of their family would be disproportionate. New section 117C(2) sets out that there is a greater public interest in deporting a person if the offence, the nature and circumstances of the offending or the impact of the offending on society is more serious. 176. New section 117C(3) sets out that the effect of deportation will be disproportionate only where one or more of the exceptional circumstances as set out in subsections (4), (5) or (6) apply and the interference with a person’s Article 8 rights cannot be justified by the public interest in deportation. 177. New section 117C(4) sets out the first set of exceptional circumstances. This requires that the person has been lawfully resident in the UK for most of their life; is socially and culturally integrated in the UK and that there would be very significant obstacles to the person’s integration into the country to which they will be deported. 178. New section 117C(5) sets out the second set of exceptional circumstances. This requires that the person has a genuine and subsisting relationship with a qualifying partner or a genuine and subsisting relationship with a qualifying child and the effect of deportation on the partner or child would be unduly harsh. 179. New section 117C(6) sets out the third set of exceptional circumstances. This applies where there are otherwise very compelling circumstances indicating that the person or a family member has an Article 8 claim which is at least as strong as the circumstances in subsections (4) or (5). 180. Subsection 4 amends the definitions in section 117D of the Nationality, Immigration and Asylum Act 2002. 181. Subsection 5 amends the Sentencing Act 2026 to remove the reference to section 117D(4) of the Nationality, Immigration and Asylum Act 2002.
Amendments tabled 5

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 107
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would restore the current rule that a foreign national sentenced to four years or more cannot resist deportation by relying on the long-residence or “unduly harsh” exceptions and must show very compelling circumstances over and above them.

Effect on the clause · the printed text with this amendment applied
18:12by the public interest in favour of the person’s deportation (see
18:13subsections (1) and (2) and section 117B(1) to (5)).
(3A) Where a person has been sentenced to a period of imprisonment of at least four years—
(a) the first and second sets of exceptional circumstances do not apply, and
(b) the third set of exceptional circumstances applies only where there are very compelling circumstances over and above those described in subsections (4) and (5).
18:14(4) The first set of exceptional circumstances applies where—
The amendment · as tabled, addressed to the printed Bill
Clause 20, page 18, line 13, at end insert—
“(3A) Where a person has been sentenced to a period of imprisonment of at least four years—
(a) the first and second sets of exceptional circumstances do not apply, and
(b) the third set of exceptional circumstances applies only where there are very compelling circumstances over and above those described in subsections (4) and (5).”
Amendment 108
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would prevent foreign nationals convicted of specified violent, sexual or terrorism offences, or sexual offences against children, from resisting deportation on the long-residence or “unduly harsh” family grounds, whatever their sentence.

Effect on the clause · the printed text with this amendment applied
18:12by the public interest in favour of the person’s deportation (see
18:13subsections (1) and (2) and section 117B(1) to (5)).
(3A) The first and second sets of exceptional circumstances do not apply where a person has been convicted of—
(a) a specified offence within the meaning of section 306 of the Sentencing Code, or
(b) an offence listed in Schedule 3 to the Sexual Offences Act 2003 committed against a person under the age of 18.
18:14(4) The first set of exceptional circumstances applies where—
The amendment · as tabled, addressed to the printed Bill
Clause 20, page 18, line 13, at end insert—
“(3A) The first and second sets of exceptional circumstances do not apply where a person has been convicted of—
(a) a specified offence within the meaning of section 306 of the Sentencing Code, or
(b) an offence listed in Schedule 3 to the Sexual Offences Act 2003 committed against a person under the age of 18.”
Amendment 109
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Replaces words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would require very compelling circumstances going beyond the long-residence and family exceptions, rather than circumstances merely “at least as strong as” them, restoring the formulation in the current section 117C(6).

Effect on the clause · the printed text with this amendment applied
18:28otherwise very compelling circumstances indicating that the person
18:29(or a member of their family) has a claim under Article 8 which is at
18:30least as strong as if the circumstances in subsection (4) or (5) applied.” over and above that which would arise if the circumstances in subsection (4) or (5) applied.
18:31(4) In section 117D (interpretation)—
The amendment · as tabled, addressed to the printed Bill
Clause 20, page 18, line 29, leave out from “is” to end of line 30 and insert “over and above that which would arise if the circumstances in subsection (4) or (5) applied.”
Amendment 110
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This probing amendment would include family members of a deportee within the definition of a person liable to deportation for the purposes of Part 5A.

Effect on the clause · the printed text with this amendment applied
18:33“(1A) For the purposes of this Part, a person is “liable to deportation”
18:34if they are liable to deportation under section 3(5)(a), (5)(b) or (6) of
18:35the Immigration Act 1971.”;
The amendment · as tabled, addressed to the printed Bill
Clause 20, page 18, line 34, after “3(5)(a)” insert “, (5)(b)”
Amendment 111
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Replaces words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment is related to Amendment 107. It would retain section 117D(4) of the Nationality, Immigration and Asylum Act 2002, which sets out how a period of imprisonment is calculated for the purposes of Part 5A of that Act.

Effect on the clause · the printed text with this amendment applied
18:35the Immigration Act 1971.”;
18:36(b) omit subsections (2) to (4)(2) and (3).
18:37(5) In section 45 of the Sentencing Act 2026 (deportation of foreign criminals),
The amendment · as tabled, addressed to the printed Bill
Clause 20, page 18, line 36, leave out “(2) to (4)” and insert “(2) and (3)”

Part 3 — Protection status and asylum

Explanatory Notes · the Government’s introduction to this Part, published with the Bill
Core Protection
40. The UK has international obligations to provide protection to those who genuinely need it for as long as it is needed. 41. However, the current system is complex, with multiple types of protection claim, multi-faceted decisions, and appeal rights being given even where someone is found to qualify for humanitarian protection. 42. The Government’s new ‘core protection’ model marks a significant change in direction - away from an assumption of offering permanent protection, and towards a more basic, and temporary protection. 43. The Government will provide support for refugees in accordance with but not exceeding the UK’s international obligations. The Bill includes measures which contribute towards and assist with the long-term delivery of the core protection model – by introducing a single definition of a protection claim and protection status. 44. The Bill also includes measures which aim to clarify entitlements to those in need of protection, simplify the asylum decision-making process and reduce the pressures on the appeals system, allowing resources to be focused more efficiently on supporting the core protection offer. 45. The Bill will ensure that serious criminals who are excluded from refugee protection but who cannot be removed from the UK due to ECHR obligations do not have the same entitlements as refugees who comply with UK laws.
21

21 — Core protection: regulations about protection status and protection claims

new law9 amendments · 1 Government
(1)The Secretary of State may by regulations make provision, including provision amending any enactment, about—
(a)protection status, and
(b)protection claims.
(2)For the purposes of this section—
(a)a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom—
(i)on the ground that removal of the person from the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention (“the Convention ground”), or
(ii)on the ground that removal of the person from the United Kingdom would breach the United Kingdom’s obligations in relation to people eligible for a grant of humanitarian protection (“the humanitarian protection ground”);
(b)a “protection claim” is a claim made to the Secretary of State for protection status.
(3)Regulations under subsection (1) may (among other things)—
(a)provide that a person eligible for the grant of asylum or humanitarian protection is instead eligible for the grant of protection status;
(b)provide that a person may apply for protection status by making a protection claim, and not a claim (or application) for asylum or a claim for humanitarian protection;
(c)make provision conferring rights and imposing obligations or requirements on any person (including the Secretary of State) in relation to a protection claim or protection status;
(d)make provision inserting, amending or removing references in any enactment to “protection status”, “protection claim”, “asylum”, “refugee” or “humanitarian protection”, or any related terms; this includes provision defining “protection status” without express reference to “humanitarian protection” or to the immigration rules;
(e)make different provision in relation to—
(i)protection status granted, and protection claims made, on the Convention ground, and
(ii)protection status granted, and protection claims made, on the humanitarian protection ground.
(4)Nothing in this section limits any power or duty arising under any other enactment; but that does not limit the provision that may be made under this section.
(5)In this section— “claim (or application) for asylum” means a claim by a person that to remove the person from, or require the person to leave, the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention; “claim for humanitarian protection” means a claim by a person that to remove the person from, or require the person to leave, the United Kingdom would breach the United Kingdom’s obligations in relation to people eligible for a grant of humanitarian protection; “Convention ground” has the meaning given in subsection (2)(a)(i); “enactment” means an enactment whenever passed or made, and includes— (a) this Act (but not this section); (b) an enactment comprised in subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978); (c) an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru; (d) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; (e) an enactment comprised in, or in an instrument made under, Northern Ireland legislation; “humanitarian protection” is to be construed in accordance with the immigration rules, as the rules stood on 30 June 2026; “humanitarian protection ground” has the meaning given in subsection (2)(a)(ii); “immigration rules” means rules under section 3(2) of the Immigration Act 1971; “Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and its Protocol.
(6)No regulations may be made under this section after the end of the period of one year beginning with the day on which this section came into force; but this does not affect the continuation in force of regulations made before the end of that period.
Explanatory Notes · published by the Government with the Bill
182. Subsection (1) provides the Secretary of State with a power to make regulations which can amend any enactment in respect of protection claims or protection status. Enactment is defined in subsection (5) and includes primary legislation and legislation of the devolved administration. 183. Subsection (2) defines a person as having protection status if they have been granted leave to enter or remain on the grounds that their removal would breach the UK’s obligations under the Refugee Convention, or in relation to a person eligible for humanitarian protection. This refers to the current forms of refugee and humanitarian protection limited and indefinite leave to enter or remain. A protection claim is defined as a claim made to the Secretary of State for protection status. 184. Subsection (3) provides a non-exhaustive list of things that regulations made under subsection (1) may do. These include requiring a person to make a protection claim (as opposed to a claim for asylum or humanitarian protection) and allowing the Secretary of State to grant protection status instead of refugee status or humanitarian protection. The list also includes making provision to confer rights or impose obligations on any person (including the Secretary of State) in relation to a protection claim or protection status, amending, replacing or removing reference to terms such as “protection status”, “protection claim”, “asylum”, “refugee” or humanitarian protection, and making different provisions relating to either type of existing claim. Paragraph (d) also makes it clear that, in amending another enactment to change or add a definition of protection status, the power can be used to set out a definition that does not expressly rely on the concept of humanitarian protection or does not cross-refer to the immigration rules. Instead, the definition can explain the specific circumstances in which a person falling within subsection (2)(a)(ii) will be granted leave to enter or remain in the UK 185. Subsection (4) clarifies that the clause does not limit any power or duty in existing legislation, but that this also does not limit the provisions that can be made using regulations under this section. 186. Subsection (5) provides definitions of terms used within the clause. 187. Subsection (6) means regulations made under subsection (1) must be made within a year of this clause coming into force, but any regulations made within that period will continue to remain in force.
Amendments tabled 9, including 1 from the Government · 1 would remove the whole clause

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 132 GovernmentNew
Anna Turley, Minister of State (Home Office) Would remove the whole clause Not yet debated
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for NC35.

The amendment · as tabled, addressed to the printed Bill
Page 19, line 3, leave out Clause 21
Amendment 75
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would require regulations under Clause 21 to take into account the best interests of children.

Effect on the clause · the printed text with this amendment applied
19:18(b) a “protection claim” is a claim made to the Secretary of State for
19:19protection status.
(2A) In making regulations under subsection (1), the Secretary of State must have regard to the need to safeguard and promote the welfare and best interests of any children in respect of whom a protection claim is made or who are granted protection status.
19:20(3) Regulations under subsection (1) may (among other things)—
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 19, at end insert—
“(2A) In making regulations under subsection (1), the Secretary of State must have regard to the need to safeguard and promote the welfare and best interests of any children in respect of whom a protection claim is made or who are granted protection status.”
Amendment 51
Liberal Democrat: Tom Gordon Removes words Not yet debated
Explanatory statement · what it would do, in the words of Tom Gordon

This amendment would leave out the provision for regulations about protection status and claims to confer rights or impose obligations on a person.

Effect on the clause · the printed text with this amendment applied
19:25for humanitarian protection;
19:26(c) make provision conferring rights and imposing obligations or
19:27requirements on any person (including the Secretary of State) in
19:28relation to a protection claim or protection status;
19:29(d) make provision inserting, amending or removing references in any
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 26, leave out paragraph (c)
Amendment 52
Liberal Democrat: Tom Gordon Removes words Not yet debated
Explanatory statement · what it would do, in the words of Tom Gordon

This amendment would leave out the provision for regulations about protection status and claims to make different provision for claims made on Convention or humanitarian grounds.

Effect on the clause · the printed text with this amendment applied
19:33reference to “humanitarian protection” or to the immigration rules;
19:34(e) make different provision in relation to—
19:35(i) protection status granted, and protection claims made, on the
19:36Convention ground, and
19:37(ii) protection status granted, and protection claims made, on the
19:38humanitarian protection ground.
19:39(4) Nothing in this section limits any power or duty arising under any other
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 34, leave out paragraph (e)
Amendment 137 New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This probing amendment would require regulations to provide that a person’s continuing need for protection is considered every time their protection status comes up for renewal, rather than only in targeted cases.

Effect on the clause · the printed text with this amendment applied
19:35(i) protection status granted, and protection claims made, on the
19:36Convention ground, and
(3A) Regulations under subsection (1) which provide for the grant of protection status must provide that, before any further leave to remain is granted to a person with protection status, the Secretary of State must consider whether the person’s removal from the United Kingdom would still breach the United Kingdom’s obligations on the Convention ground or the humanitarian protection ground.
19:37(ii) protection status granted, and protection claims made, on the

The amendment refers to the end of line 37; the provision it follows ends on line 36 of page 19 of the print.

The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 37, at end insert—
“(3A) Regulations under subsection (1) which provide for the grant of protection status must provide that, before any further leave to remain is granted to a person with protection status, the Secretary of State must consider whether the person’s removal from the United Kingdom would still breach the United Kingdom’s obligations on the Convention ground or the humanitarian protection ground.”
Amendment 53
Liberal Democrat: Tom Gordon Adds words Not yet debated
Explanatory statement · what it would do, in the words of Tom Gordon

This amendment would mean that people granted protection status would also be given an initial grant of leave to remain for at least five years, with the ability to apply for indefinite leave to remain after five years.

Effect on the clause · the printed text with this amendment applied
19:37(ii) protection status granted, and protection claims made, on the
19:38humanitarian protection ground.
(3A) Regulations under subsection (1) must provide that a person granted protection status—
(a) must be given an initial grant of leave to remain of not less than five years, and
(b) must be eligible to apply for indefinite leave to remain after holding protection status for five years.
19:39(4) Nothing in this section limits any power or duty arising under any other
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 38, at end insert—
“(3A) Regulations under subsection (1) must provide that a person granted protection status—
(a) must be given an initial grant of leave to remain of not less than five years, and
(b) must be eligible to apply for indefinite leave to remain after holding protection status for five years.”
Amendment 54
Liberal Democrat: Tom Gordon Adds words Not yet debated
Explanatory statement · what it would do, in the words of Tom Gordon

This amendment would require regulations to allow close family members of people granted protection status to apply for leave to enter and remain in the United Kingdom, without having to pay any fee.

Effect on the clause · the printed text with this amendment applied
19:37(ii) protection status granted, and protection claims made, on the
19:38humanitarian protection ground.
(3A) Regulations under subsection (1) must provide that close family members of a person granted protection status are able to apply for leave to enter and remain in the United Kingdom.
(3B) For the purposes of subsection (3A), "close family members” include—
(a) a person’s spouse, civil partner or unmarried partner; and
(b) any child, including adopted child, of the person who is either—
(i) under the age of 18, or
(ii) over the age of 18 but dependent on the person.
(3C) Regulations described in subsection (3A) must not require the payment of any fee, charge or immigration health surcharge, nor impose any minimum income, maintenance, accommodation or financial requirement.
19:39(4) Nothing in this section limits any power or duty arising under any other
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 38, at end insert—
Show the full text (7 lines)
“(3A) Regulations under subsection (1) must provide that close family members of a person granted protection status are able to apply for leave to enter and remain in the United Kingdom.
(3B) For the purposes of subsection (3A), "close family members” include—
(a) a person’s spouse, civil partner or unmarried partner; and
(b) any child, including adopted child, of the person who is either—
(i) under the age of 18, or
(ii) over the age of 18 but dependent on the person.
(3C) Regulations described in subsection (3A) must not require the payment of any fee, charge or immigration health surcharge, nor impose any minimum income, maintenance, accommodation or financial requirement.”
Amendment 74
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would reflect the commitment in the delegated powers memorandum for this Bill that the Clause 21 regulation-making powers “will not be used to reduce the entitlements currently held by refugees or persons with humanitarian protection.”

Effect on the clause · the printed text with this amendment applied
19:37(ii) protection status granted, and protection claims made, on the
19:38humanitarian protection ground.
(3A) Regulations under subsection (1) may not make provision which has the effect of making the rights, entitlements or protections available to a person granted protection status more restrictive than those available to a person granted asylum or humanitarian protection before 30 June 2026.
19:39(4) Nothing in this section limits any power or duty arising under any other
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 38, at end insert—
“(3A) Regulations under subsection (1) may not make provision which has the effect of making the rights, entitlements or protections available to a person granted protection status more restrictive than those available to a person granted asylum or humanitarian protection before 30 June 2026.”
Amendment 138 New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This probing amendment would require the Government to publish its draft regulations on protection status, together with the proposed Immigration Rules on the length of leave, reviews and the route to settlement under core protection, before asking Parliament to approve the regulations.

Effect on the clause · the printed text with this amendment applied
20:31but this does not affect the continuation in force of regulations made before
20:32the end of that period.
(7) Before a draft of the first statutory instrument containing regulations under this section is laid before Parliament, the Secretary of State must publish—
(a) a draft of the regulations, and
(b) a statement of the changes to the immigration rules which the Secretary of State proposes to make in connection with protection status, including—
(i) the period of leave to be granted to a person with protection status,
(ii) the circumstances in which a person’s continuing need for protection will be reviewed, and
(iii) the qualifying period for indefinite leave to remain.
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 20, line 32, at end insert—
Show the full text (6 lines)
“(7) Before a draft of the first statutory instrument containing regulations under this section is laid before Parliament, the Secretary of State must publish—
(a) a draft of the regulations, and
(b) a statement of the changes to the immigration rules which the Secretary of State proposes to make in connection with protection status, including—
(i) the period of leave to be granted to a person with protection status,
(ii) the circumstances in which a person’s continuing need for protection will be reviewed, and
(iii) the qualifying period for indefinite leave to remain.”
22

22 — Interpretation of Refugee Convention: “lawfully staying”

amends 1 amendment · 1 Government
(1)The Nationality and Borders Act 2022 is amended as follows.
(2)In section 30 (Refugee Convention: general)—
(a)after subsection (3) insert—;
(3A)Section 37A applies for the purposes of the determination by any person, court or tribunal whether a person is “lawfully staying” in the United Kingdom for the purposes of the Refugee Convention.
(b)after subsection (6) insert—
(7)Subsection (3A) and section 37A apply only in relation to a determination made on or after the day on which section 22 of the Immigration and Asylum Act 2026 comes into force.
(3)After section 37 insert—
37APersons within Article 33(2) not lawfully staying in United Kingdom A person is not to be taken to be lawfully staying in the United Kingdom if, for the purposes of Article 33(2) of the Refugee Convention—
(a)there are reasonable grounds for regarding the person as a danger to the security of the United Kingdom, or
(b)having been convicted by a final judgment of a particularly serious crime, the person constitutes a danger to the community of the United Kingdom (see section 72 of the Nationality, Immigration and Asylum Act 2002).
Inserts a new provision into Nationality and Borders Act 2022 — after section 37

The inserted text is set out above. · view Nationality and Borders Act 2022 on legislation.gov.uk ↗

Amends Nationality and Borders Act 2022, section 30 — Refugee Convention: general
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 30
(1) The following sections apply for the purposes of the determination by any person, court or tribunal whether a person (referred to in those sections as an “asylum seeker”) is a refugee within the meaning of Article 1(A)(2) of the Refugee Convention—
(a) section 31 (persecution);
(b) section 32 (well-founded fear);
(c) section 33 (reasons for persecution);
(d) section 34 (protection from persecution);
(e) section 35 (internal relocation).
(2) Section 36 applies for the purposes of the determination by any person, court or tribunal whether the provisions of the Refugee Convention do not apply to a person as a result of Article 1(F) of that Convention (disapplication of Convention to serious criminals etc).
(3) Section 37 applies for the purposes of the determination by any person, court or tribunal whether Article 31(1) of the Refugee Convention (immunity from certain penalties) applies in relation to a person who is a refugee within the meaning of Article 1(A)(2) of the Refugee Convention.
(3A) Section 37A applies for the purposes of the determination by any person, court or tribunal whether a person is “lawfully staying” in the United Kingdom for the purposes of the Refugee Convention.
(4) The Refugee or Person in Need of International Protection (Qualification) Regulations 2006 (S.I. 2006/2525) are revoked.
(5) Subsections (1) and (2), and sections 31 to 36, apply only in relation to a determination relating to a claim for asylum where the claim was made on or after the day on which this section comes into force.
(6) For the purposes of subsection (5), a claim for asylum includes a claim, in any form or to any person, which falls to be determined as mentioned in subsection (1).
(7) Subsection (3A) and section 37A apply only in relation to a determination made on or after the day on which section 22 of the Immigration and Asylum Act 2026 comes into force.
Explanatory Notes · published by the Government with the Bill
188. Subsection (2) introduces new subsections (3A) and (7) into section 30 of the NABA. The new subsections set out that the interpretation in subsection (3) applies for any purpose where a person, court or tribunal determines whether a person is “lawfully staying” in the United Kingdom for the purposes of the Refugee Convention, and that this only applies from the day this Act commences. It makes clear that the interpretation of “lawfully staying” is confined to the Refugee Convention only, which does not affect any assessment as to whether their presence in the UK is lawful in respect of domestic immigration law. 189. Subsection (3) inserts new section 37A into NABA specifying that where a person is excluded from the protection against refoulement under Article 33(2) of the Refugee Convention because there are reasonable grounds for regarding the person as a danger to the security of the United Kingdom, or they have been convicted by final judgment of a particularly serious crime and constitute a danger to the community of the United Kingdom (as per section 72 of the Nationality, Immigration and Asylum Act 2002), such a person will be deemed to be not “lawfully staying” in the United Kingdom for the purposes of the Refugee Convention.
Amendments tabled 1, including 1 from the Government

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 133 GovernmentNew
Anna Turley, Minister of State (Home Office) Removes words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment would omit the transitional provision for clause 22. Amendment 135 would provide for clause 22 to be commenced by regulations, and that would mean that the transitional provision could also be included in the regulations rather than in the primary legislation.

Effect on the clause · the printed text with this amendment applied
20:40Convention.”;
21:1(b) after subsection (6) insert—
21:2“(7) Subsection (3A) and section 37A apply only in relation to a
The amendment · as tabled, addressed to the printed Bill
Clause 22, page 21, line 1, leave out paragraph (b)

Part 4 — Asylum Support

Explanatory Notes · the Government’s introduction to this Part, published with the Bill
Asylum Support Cost Recovery
46. Under new powers in the Bill, the Home Secretary will be able to require those who have received asylum support, and who have had their case concluded, to contribute towards those costs when they have the financial means to do so. 47. The asylum system imposes a significant fiscal burden, with asylum support alone costing approximately £4 billion in financial year 2024/25. 3 These pressures undermine the sustainability of the system and public confidence in its fairness. 48. Asylum support in the UK provides assistance to asylum seekers who would otherwise be destitute, as well as failed asylum seekers with outstanding applications or appeals. 49. The relevant asylum support covered by this power is section 4 (support for certain failed asylum seekers) and section 95 (support for destitute asylum seekers) of the Immigration and Asylum Act https://publications.parliament.uk/pa/cm5901/cmselect/cmhaff/580/report.html 1999. 50. Under the current legislative framework, while asylum support can be recovered in certain circumstances such as recovery of an overpayment, there is no provision to recover asylum support that has been lawfully and properly paid. The Bill will introduce the power to recover contributory costs. 51. These contribution payments will be required only once the person is financially able, for example where they have access to funds from work or savings. Payments would not be sought where it would push the individual into destitution. The Bill exempts those who were under 18 at the time of receiving support from any charges. Further exemptions, including for victims of modern slavery, will be set out in regulations. 52. The legislation enables the creation of a new Home Office mechanism to recover the costs, and a power to recover the charge via HMRC when an individual is working. Existing mechanisms used by DWP could also be used to recover the charge via the welfare system if benefits are claimed.
23

23 — Power to require payments from recipients of asylum support

new law12 amendments · 2 Government
(1)This section applies to any person who—
(a)has received asylum support, and
(b)is not exempt (see subsection (6)).
(2)For the purposes of this section and section 24 a person receives asylum support if they are—
(a)accommodated in facilities provided under section 4 of the Immigration and Asylum Act 1999 (including where provided by virtue of section 99 of that Act),
(b)provided with support under section 95 or 95A of that Act in a way mentioned in section 96(1)(a) or (b) of that Act (including where provided by virtue of section 99 of that Act), or
(c)provided with accommodation under section 17 of the Nationality, Immigration and Asylum Act 2002.
(3)The Secretary of State may require a person to whom this section applies to make payments to the Secretary of State in accordance with this section.
(4)The Secretary of State may by regulations make further provision about payments under subsection (3) including, in particular, provision—
(a)about the calculation of the sums to be paid;
(b)about the circumstances, including in relation to the financial means of the person, in which a person may be required to make payments;
(c)specifying the period before the end of which a payment must be made;
(d)about the way in which a person is to be notified that they are required to make payments;
(e)about how amounts required to be paid are to be collected.
(5)Regulations under subsection (4) must include provision to ensure that a person is not required to make payments under subsection (3) unless the person is able to do so without becoming destitute (within the meaning given by section 95 of the Immigration and Asylum Act 1999).
(6)A person is exempt for the purposes of this section if they—
(a)were under 18 at all times at which they received asylum support,
(b)started to receive asylum support before the day on which this section comes fully into force, or
(c)are of any other description specified in regulations made by the Secretary of State.
Explanatory Notes · published by the Government with the Bill
190. Subsection (1) sets out the scope of the clause. It provides that is applies to any person who has received asylum support and who is not exempt, with the categories of exemption defined later in subsection (6). 191. Subsection (2) defines what it means to have “received asylum support” for the purposes of this clause. It clarifies that this includes individuals who have been accommodated or provided with support under specified provisions of the Immigration and Asylum Act 1999, namely sections 4, 95 and 95A (whether provided directly or via section 99), as well as those accommodated in accommodation centres under section 17 of the Nationality, Immigration and Asylum Act 2002. 192. Subsection (3) confers a power on the Secretary of State to require a person within the scope of the clause to make payments to the Secretary of State. This establishes the core power, subject to further provision set out in subsequent subsections. 193. Subsection (4) provides a regulation-making power enabling the Secretary of State to make further provision about such payments. In particular, this includes provision about how the sums payable are to be calculated, the circumstances in which payments are required (including consideration of a person’s financial means), the timeframe for payment, and the method by which individuals are notified of any requirement to pay. 194. Subsection (5) places a constraint on the regulation-making power by requiring that regulations must ensure that a person is not required to make payments if doing so would render them destitute, as defined in section 95(3) of the Immigration and Asylum Act 1999. 195. Subsection (6) sets out the categories of persons who are exempt from the requirement to make payments. These include individuals who were under 18 throughout the period they received asylum support, and individuals who began receiving asylum support before the section comes into force. It also allows for additional categories of exemption to be specified in regulations.
Amendments tabled 12, including 2 from the Government · 1 would remove the whole clause

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 17
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 21, line 18, leave out Clause 23

No explanatory statement was published with this amendment.

Amendment 81
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would reduce the level of payments required from a person by 20% for every 30 days longer than six months that passed before a decision was made on the person’s asylum claim.

Effect on the clause · the printed text with this amendment applied
21:32(3) The Secretary of State may require a person to whom this section applies to make
21:33payments to the Secretary of State in accordance with this section.
(3A) Subject to subsection (3B), where the Secretary of State did not make a decision on a person’s protection claim within 180 days of the making of the protection claim, any sums to be paid by the person under subsection (3) must be reduced by 20% for every period of 30 days that elapsed before a decision on the person’s protection claim was made.
(3B) Subsection 3A does not apply where a decision on the protection claim was not made within 180 days of the claim being made due to the actions of the applicant.
(3C) For the purposes of subsection (3A), “protection claim” has the same meaning as in section 82(2)(a) of the Nationality, Immigration and Asylum Act 2002.
21:34(4) The Secretary of State may by regulations make further provision about
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 21, line 33, at end insert—
“(3A) Subject to subsection (3B), where the Secretary of State did not make a decision on a person’s protection claim within 180 days of the making of the protection claim, any sums to be paid by the person under subsection (3) must be reduced by 20% for every period of 30 days that elapsed before a decision on the person’s protection claim was made.
(3B) Subsection 3A does not apply where a decision on the protection claim was not made within 180 days of the claim being made due to the actions of the applicant.
(3C) For the purposes of subsection (3A), “protection claim” has the same meaning as in section 82(2)(a) of the Nationality, Immigration and Asylum Act 2002.”
Amendment 124 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment would make it clear that regulations under clause 23 may include provision about the circumstances in which a payment required to be made under that clause by a recipient of asylum support may be reduced, waived or (where it has already been paid) refunded, including provision conferring a discretion on the Secretary of State.

Effect on the clause · the printed text with this amendment applied
22:2to make payments;
22:3(e) about how amounts required to be paid are to be collected.
(f) allowing for the reduction, waiver or refund of part or all of an amount required to be paid (whether by conferring a discretion or otherwise);
22:4(5) Regulations under subsection (4) must include provision to ensure that a
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 3, at end insert—
“(f) allowing for the reduction, waiver or refund of part or all of an amount required to be paid (whether by conferring a discretion or otherwise);”
Amendment 125 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment, together with amendment 126, would make it clear that regulations under clause 23 may include provision about how an amount required to be paid to the Secretary of State under that clause by a recipient of asylum support is to be treated in a case where the person is made bankrupt or enters certain other insolvency proceedings.

Effect on the clause · the printed text with this amendment applied
22:2to make payments;
22:3(e) about how amounts required to be paid are to be collected.
(g) about the effect of a person becoming insolvent on their liability to make payments under this section (whether the liability arose before or after the person became insolvent) (and see section 24(6A)).
22:4(5) Regulations under subsection (4) must include provision to ensure that a
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 3, at end insert—
“(g) about the effect of a person becoming insolvent on their liability to make payments under this section (whether the liability arose before or after the person became insolvent) (and see section 24(6A)).”
Amendment 76
Green Party: Siân Berry, Green Spokesperson (Home) Replaces words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would amend the provision relating to repayment of asylum support so that people would not be required to make payments if doing so would leave them, or their household, impoverished (defined as having an equivalised net income of less than 60% of the median).

Effect on the clause · the printed text with this amendment applied
22:5person is not required to make payments under subsection (3) unless the
22:6person is able to do so without becoming destitute (within the meaning given
22:7by section 95 of the Immigration and Asylum Act 1999).
(5A) For the purposes of subsection (5), a person or household is impoverished if its equivalised net income for the relevant financial year is less than 60% of median equivalised net household income for that financial year.
22:8(6) A person is exempt for the purposes of this section if they—
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 6, leave out from “without” to end of line 7 and insert “them or their household becoming impoverished.
(5A) For the purposes of subsection (5), a person or household is impoverished if its equivalised net income for the relevant financial year is less than 60% of median equivalised net household income for that financial year.”
Amendment 79
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would ensure that an individual would not be liable to repay amounts above the actual cost of the support they received.

Effect on the clause · the printed text with this amendment applied
22:6person is able to do so without becoming destitute (within the meaning given
22:7by section 95 of the Immigration and Asylum Act 1999).
(5A) Regulations under subsection (4) must include provision to ensure that a person is not required to make payments in excess of the cost of the support provided to them while in receipt of asylum support.
22:8(6) A person is exempt for the purposes of this section if they—
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 7, at end insert—
“(5A) Regulations under subsection (4) must include provision to ensure that a person is not required to make payments in excess of the cost of the support provided to them while in receipt of asylum support.”
Amendment 50
Liberal Democrat: Tom Gordon supported by Mr Paul Kohler Replaces words Not yet debated
Explanatory statement · what it would do, in the words of Tom Gordon

This amendment would exempt from being required to make payments to the Secretary of State any persons who were, at any point, under 18 years of age during the time they received asylum support.

Effect on the clause · the printed text with this amendment applied
22:8(6) A person is exempt for the purposes of this section if they—
22:9(a) were under 18 at all timesany time at which they received asylum support,
22:10(b) started to receive asylum support before the day on which this section
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 9, leave out “all times” and insert “any time”
Amendment 77
Green Party: Siân Berry, Green Spokesperson (Home) Replaces words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would extend the exemption for repaying asylum support from any person who was under the age of 18 at all times they were in receipt of support to any person who was under the age of 21 at any time they were in receipt of support.

Effect on the clause · the printed text with this amendment applied
22:8(6) A person is exempt for the purposes of this section if they—
22:9(a) were under 18 at all times21 at any time at which they received asylum support,
22:10(b) started to receive asylum support before the day on which this section
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 9, leave out “18 at all times” and insert “21 at any time”
Amendment 78
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would add people over retirement age and victims of modern slavery, domestic abuse, or serious sexual or physical violence to the list of people who would be exempted from repaying any asylum support they received.

Effect on the clause · the printed text with this amendment applied
22:8(6) A person is exempt for the purposes of this section if they—
22:9(a) were under 18 at all times at which they received asylum support,
(aa) were over the age of retirement at the time they ceased to be an asylum seeker (within the meaning given by section 94 of the Immigration and Asylum Act 1999),
(ab) have received a positive conclusive grounds decision (within the meaning of Part 5 of the Nationality and Borders Act 2022),
(ac) are a survivor of sexual or gender-based violence, or have been a victim of domestic abuse (within the meaning of Part 1 of the Domestic Abuse Act 2021)
(ad) are an individual who has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence,
22:10(b) started to receive asylum support before the day on which this section
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 9, at end insert—
“(aa) were over the age of retirement at the time they ceased to be an asylum seeker (within the meaning given by section 94 of the Immigration and Asylum Act 1999),
(ab) have received a positive conclusive grounds decision (within the meaning of Part 5 of the Nationality and Borders Act 2022),
(ac) are a survivor of sexual or gender-based violence, or have been a victim of domestic abuse (within the meaning of Part 1 of the Domestic Abuse Act 2021)
(ad) are an individual who has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence,”
Amendment 82
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would exempt from the requirement to make payments under Clause 23 anyone who is granted protection following a successful appeal.

Effect on the clause · the printed text with this amendment applied
22:8(6) A person is exempt for the purposes of this section if they—
22:9(a) were under 18 at all times at which they received asylum support,
(aa) were granted leave to remain in the United Kingdom following an appeal by the person against the Secretary of State’s decision to refuse a protection claim.
22:10(b) started to receive asylum support before the day on which this section
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 9, at end insert—
“(aa) were granted leave to remain in the United Kingdom following an appeal by the person against the Secretary of State’s decision to refuse a protection claim.”
Amendment 139 New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) Removes words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would remove the exemption from making payments for asylum support received for people who received support before clause 23 comes fully into force.

Effect on the clause · the printed text with this amendment applied
22:9(a) were under 18 at all times at which they received asylum support,
22:10(b) started to receive asylum support before the day on which this section
22:11comes fully into force, or
22:12(c) are of any other description specified in regulations made by the
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 10, leave out paragraph (b)
Amendment 140 New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would require the Government to publish its draft regulations for the asylum support repayment scheme, together with an estimate of how many people will pay, how much will be recovered and what the scheme will cost to run, before the scheme is brought into force.

Effect on the clause · the printed text with this amendment applied
22:12(c) are of any other description specified in regulations made by the
22:13Secretary of State.
(7) This section may not be brought fully into force until the Secretary of State has published and laid before Parliament—
(a) a draft of the regulations which the Secretary of State proposes to make under subsection (4), and
(b) an estimate, for each of the first five years after this section comes fully into force, of—
(i) the number of persons expected to be required to make payments under subsection (3),
(ii) the sums expected to be recovered, and
(iii) the cost of administering the requirement to make payments and of collecting those payments.
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 13, at end insert—
Show the full text (6 lines)
“(7) This section may not be brought fully into force until the Secretary of State has published and laid before Parliament—
(a) a draft of the regulations which the Secretary of State proposes to make under subsection (4), and
(b) an estimate, for each of the first five years after this section comes fully into force, of—
(i) the number of persons expected to be required to make payments under subsection (3),
(ii) the sums expected to be recovered, and
(iii) the cost of administering the requirement to make payments and of collecting those payments.”
24

24 — Section 23: further provision

amends 4 amendments · 1 Government
(1)Regulations under section 23(4)(a) may, in particular, include provision for the sums to be paid by a person under section 23 to be calculated by reference to (among other things) whether the person received dependant support.
(2)A person “received dependant support” if—
(a)the person applied to receive asylum support for themselves and one or more of their dependants, and
(b)the applicant and one or more of their dependants received asylum support.
(3)In subsection (2) “dependant”—
(a)in relation to a person who receives asylum support as mentioned in section 23(2)(a) or (b), has the meaning given by section 94 of the Immigration and Asylum Act 1999;
(b)in relation to a person who receives asylum support as mentioned in section 23(2)(c), has the meaning given by section 20 of the Nationality, Immigration and Asylum Act 2002.
(4)Regulations under section 23(4)(e) may, in particular, provide for His Majesty’s Commissioners for Revenue and Customs (“HMRC”) to collect amounts required to be paid under section 23.
(5)HMRC may prepare for the exercise of any function that may be conferred on HMRC by regulations under section 23(4)(e).
(6)In section 40 of the UK Borders Act 2007 (supply of Revenue and Customs information for use for purposes of immigration and nationality functions), in subsection (1), after paragraph (f) insert—.
(fa)determining whether to require, or requiring, persons to make payments under section 23 of the Immigration and Asylum Act 2026 (power to require payments from recipients of asylum support) or collecting such payments;
(7)Any amount required to be paid under section 23 that has not been paid by the time it is required to be paid may be recovered as a debt due to the Secretary of State.
(8)The Secretary of State may by regulations make provision that is consequential on section 23 or this section.
Amends UK Borders Act 2007, section 40 — Supply of Revenue and Customs information
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
UK Borders Act 2007 — section 40
(1) Her Majesty's Revenue and Customs (HMRC) and the Crown Prosecution Service (the CPS) may each supply the Secretary of State with information for use for the purpose of—
(a) administering immigration control under the Immigration Acts;
(b) preventing, detecting, investigating or prosecuting offences under those Acts;
(c) determining whether to impose, or imposing, penalties or charges under Part 2 of the Immigration and Asylum Act 1999 (c. 33) (carriers' liability);
(d) determining whether to impose, or imposing, penalties under section 15 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (restrictions on employment);
(e) providing facilities, or arranging for the provision of facilities, for the accommodation of persons under section 4 of the Immigration and Asylum Act 1999;
(f) providing support for asylum-seekers and their dependants under Part 6 of that Act;
(fa) determining whether to require, or requiring, persons to make payments under section 23 of the Immigration and Asylum Act 2026 (power to require payments from recipients of asylum support) or collecting such payments;
(g) determining whether an applicant for naturalisation under the British Nationality Act 1981 (c. 61) is of good character;
(h) determining whether, for the purposes of an application referred to in section 41A of the British Nationality Act 1981, the person for whose registration the application is made is of good character;
(ha) determining whether, for the purposes of an application under section 1 of the Hong Kong (War Wives and Widows) Act 1996, the woman for whose registration the application is made is of good character;
(hb) determining whether, for the purposes of an application under section 1 of the British Nationality (Hong Kong) Act 1997 for the registration of an adult or young person within the meaning of subsection (5A) of that section, the person is of good character;
(i) determining whether to make an order in respect of a person under section 40 of the British Nationality Act 1981 (deprivation of citizenship);
(j) doing anything else in connection with the exercise of immigration and nationality functions.
(2) This section applies to a document or article which comes into the possession of, or is discovered by, HMRC or the CPS, or a person acting on behalf of HMRC or the CPS, as it applies to information.
(3) The Secretary of State—
(a) may retain for a purpose within subsection (1) a document or article supplied by virtue of subsection (2);
(b) may dispose of a document or article supplied by virtue of subsection (2).
(4) In subsection (1) “immigration and nationality functions” means functions exercisable by virtue of—
(a) the Immigration Acts,
(b) the British Nationality Act 1981 (c. 61),
(c) the Hong Kong Act 1985 (c. 15),
(d) the Hong Kong (War Wives and Widows) Act 1996 (c. 41), or
(e) the British Nationality (Hong Kong) Act 1997 (c. 20).
(4A) Subsections (1) and (2) are subject to subsection (4B).
(4B) In relation to the CPS, this section applies to—
(a) information held by the CPS in connection with a Revenue and Customs function of the Director of Public Prosecutions;
(b) a document or article which comes into the possession of, or is discovered by, the CPS, or a person acting on behalf of the CPS, in the exercise of a Revenue and Customs function of the Director of Public Prosecutions.
(4C) In subsection (4B) “Revenue and Customs function of the Director of Public Prosecutions” means—
(a) a function of the Director of Public Prosecutions under section 3(2)(ab), (bb) or (ee) of the Prosecution of Offences Act 1985, or
(b) a function of the Director of Public Prosecutions under the Proceeds of Crime Act 2002 that relates to a function of the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs.
(5) A power conferred by this section on HMRC or the CPS may be exercised on behalf of HMRC or the CPS by a person who is authorised (generally or specifically) for the purpose.
(5A) Nothing in this section affects any power to supply information apart from this section.
(6) The following provisions (which relate to the supply of information to the Secretary of State) shall cease to have effect—
(a) section 20(1)(d) of the Immigration and Asylum Act 1999 (c. 33),
(b) section 130 of the Nationality, Immigration and Asylum Act 2002 (c. 41), and
(c) paragraphs 17 and 20 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11).
Explanatory Notes · published by the Government with the Bill
196. Subsection (1) provides that regulations made under section 23(4)(a) may include provision for the amount a person is required to pay to be calculated by reference to whether they received dependant support, among other factors. This makes clear that the presence of dependants may be taken into account when determining the amount to be repaid. 197. Subsection (2) sets out when a person is to be treated as having received dependant support. It provides that this applies where the person applied for asylum support for both themselves and a dependant, and both the person and the dependant received that support. 198. Subsection (3) defines “dependant” for the purposes of subsection (2). It clarifies that the meaning of dependant differs depending on the type of asylum support received, by reference to the relevant definitions in the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002. 199. Subsection (4) allows regulations made under section 23(4)(e) to provide for His Majesty’s Revenue and Customs (HMRC) to collect amounts payable under clause 23. 200. Subsection (5) allows HMRC to undertake preparatory activity, including incurring expenditure, in anticipation of functions that may be conferred by regulations under section 23(4)(e), before those regulations come into force. 201. Subsection (6) amends section 40 of the UK Borders Act 2007 to permit HMRC information to be shared for the purpose of determining liability for, and requiring, payments under section clause 23. 202. Subsection (7) provides that unpaid amounts due under section clause 23 may be recovered as a debt owed to the Secretary of State. 203. Subsection (8) enables the Secretary of State to make regulations containing provision that is consequential on clause 23 or this clause.
Amendments tabled 4, including 1 from the Government · 1 would remove the whole clause

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 18
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 22, line 14, leave out Clause 24

No explanatory statement was published with this amendment.

Amendment 126 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 125.

Effect on the clause · the printed text with this amendment applied
22:40Act 2026 (power to require payments from recipients of asylum
22:41support) or collecting such payments;”.
(6A) For the purposes of section 23(4)(g) a person becomes insolvent if—
(a) in England and Wales or Northern Ireland—
(i) they are made bankrupt,
(ii) a debt relief order is made in respect of them under Part 7A of the Insolvency Act 1986 or Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or
(iii) a voluntary arrangement takes effect in respect of them under Part 8 of that Act or Part 8 of that Order;
(b) in Scotland—
(i) their estate is sequestrated,
(ii) they grant a trust deed for creditors which becomes a protected trust deed within the meaning of the Bankruptcy (Scotland) Act 2016 (asp 21)), or
(iii) a debt payment programme is approved in relation to them under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17).
(6B) Regulations under section 23(4)(g)may, in particular, amend or modify the application of—
(a) Part 7A, 8 or 9 of the Insolvency Act 1986;
(b) Part 7A, 8 or 9 of the Insolvency (Northern Ireland) Order 1989;
(c) the Bankruptcy (Scotland) Act 2016;
(d) the Debt Arrangement and Attachment (Scotland) Act 2002.
23:1(7) Any amount required to be paid under section 23 that has not been paid by
The amendment · as tabled, addressed to the printed Bill
Clause 24, page 22, line 41, at end insert—
Show the full text (14 lines)
“(6A) For the purposes of section 23(4)(g) a person becomes insolvent if—
(a) in England and Wales or Northern Ireland—
(i) they are made bankrupt,
(ii) a debt relief order is made in respect of them under Part 7A of the Insolvency Act 1986 or Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or
(iii) a voluntary arrangement takes effect in respect of them under Part 8 of that Act or Part 8 of that Order;
(b) in Scotland—
(i) their estate is sequestrated,
(ii) they grant a trust deed for creditors which becomes a protected trust deed within the meaning of the Bankruptcy (Scotland) Act 2016 (asp 21)), or
(iii) a debt payment programme is approved in relation to them under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17).
(6B) Regulations under section 23(4)(g)may, in particular, amend or modify the application of—
(a) Part 7A, 8 or 9 of the Insolvency Act 1986;
(b) Part 7A, 8 or 9 of the Insolvency (Northern Ireland) Order 1989;
(c) the Bankruptcy (Scotland) Act 2016;
(d) the Debt Arrangement and Attachment (Scotland) Act 2002.”
Amendment 80
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would set out circumstances in which the liability for making payments for asylum support received would cease to apply: the death of the person; the person turning 65; the person being permanently unfit for work; the tenth anniversary of the person stopping receiving asylum support.

Effect on the clause · the printed text with this amendment applied
23:2the time it is required to be paid may be recovered as a debt due to the
23:3Secretary of State.
(7A) The Secretary of State must cancel the liability of any person to make payments required under section 23 when one of the following occurs—
(a) the person dies;
(b) the person receives a disability-related benefit and because of the disability is permanently unfit for work;
(c) the person reaches the age of 65; or
(d) the tenth anniversary of the date on which the person stopped receiving asylum support (as defined in section 23(2)).
23:4(8) The Secretary of State may by regulations make provision that is consequential
The amendment · as tabled, addressed to the printed Bill
Clause 24, page 23, line 3, at end insert—
Show the full text (5 lines)
“(7A) The Secretary of State must cancel the liability of any person to make payments required under section 23 when one of the following occurs—
(a) the person dies;
(b) the person receives a disability-related benefit and because of the disability is permanently unfit for work;
(c) the person reaches the age of 65; or
(d) the tenth anniversary of the date on which the person stopped receiving asylum support (as defined in section 23(2)).”
Amendment 141 New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would mean that any sums that a person has been required to repay towards asylum support and has not paid may be taken into account when deciding applications to enter or remain in the United Kingdom, including for settlement.

Effect on the clause · the printed text with this amendment applied
23:2the time it is required to be paid may be recovered as a debt due to the
23:3Secretary of State.
(7A) In deciding an application for entry clearance, leave to enter or leave to remain in the United Kingdom (including indefinite leave to remain), the Secretary of State may take into account any amount that a person has been required to pay under section 23 and has not paid.
(7B) Nothing in subsection (7A) applies to an amount which, by virtue of regulations made under section 23(4) in accordance with section 23(5), the person was not required to pay.
23:4(8) The Secretary of State may by regulations make provision that is consequential
The amendment · as tabled, addressed to the printed Bill
Clause 24, page 23, line 3, at end insert—
“(7A) In deciding an application for entry clearance, leave to enter or leave to remain in the United Kingdom (including indefinite leave to remain), the Secretary of State may take into account any amount that a person has been required to pay under section 23 and has not paid.
(7B) Nothing in subsection (7A) applies to an amount which, by virtue of regulations made under section 23(4) in accordance with section 23(5), the person was not required to pay.”

Part 5 — Modern Slavery

Explanatory Notes · the Government’s introduction to this Part, published with the Bill
Modern Slavery
35. The UK is committed to ending modern slavery, human trafficking and exploitation and has established a legal and operational framework – the National Referral Mechanism (NRM) - to ensure victims can be identified and supported. The Government considers that the system needs reform to ensure it can better prevent exploitation occurring and robustly identify and support those who are exploited at the earliest opportunity. 36. Since its conception in 2009 the system has faced significant challenges in adapting to increases in referrals, changes in the types of cases entering the system and regular litigation which has seen courts interpret the international obligations for the UK in ways that are not aligned with the intended operation of the NRM. The rights and obligations that flow from modern slavery legislation have meant that the NRM is susceptible to misuse, in particular to delay or prevent immigration removal action. 37. The Bill includes measures to: • enable the UK Government to set out its interpretation of its international obligations to victims of modern slavery in domestic legislation; • ensure that essential protections are embedded in legislation, especially for child victims of modern slavery; • close potential opportunities for the system to be misused, including ensuring that the timing of disclosure of modern slavery experiences is considered in decision-making about victim status. This aims to reduce late presentation which can unnecessarily delay removal activity for those with no right to remain in the UK and promote earlier identification of victims; • strengthen the disqualification process to ensure those who pose a threat to public order or those claiming to be a victim in bad faith can be excluded from accessing support and protections and be quickly removed; • ensure sustainable support for victims by embedding current support arrangements for adult and child victims in legislation; • clarify that modern slavery support can be withheld from victims where the need arises due to the withdrawal of equivalent support from wider state services due to a victim’s non-compliance with wider service requirements; and • amend the basis on which confirmed modern slavery victims are granted temporary permission to stay, limiting it to those assisting in criminal investigations or pursuing compensation. 38. The Bill also includes measures to strengthen expectations on businesses and public bodies to address modern slavery in their supply chains and creates tougher penalties for those who do not comply with these enhanced transparency measures. 39. The Bill also includes measures to provide enhanced powers for law enforcement to tackle exploitation in the form of amendments to existing provisions on Slavery and Trafficking Prevention Orders and Slavery and Trafficking Risk Orders.
25

25 — Slavery and trafficking risk orders on acquittal

amends 1 amendment · 1 Government
(1)The Modern Slavery Act 2015 is amended as set out in subsections (2) to (7).
(2)Before section 23 (but after the italic heading before that section) insert—
22ASlavery and trafficking risk orders on acquittal
(1)A court by or before which a person (“the defendant”) is acquitted of a slavery or human trafficking offence may make a slavery and trafficking risk order against the defendant.
(2)The court may make the order only if it is satisfied that the defendant has acted in a way which means that—
(a)there is a risk that the defendant will commit a slavery or human trafficking offence, and
(b)it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(3)Where the Court of Appeal allows an appeal against conviction they may remit the case to the Crown Court to consider whether to proceed under this section.
(4)Where—
(a)the Crown Court allows an appeal against conviction, or
(b)a case is remitted to the Crown Court under subsection (3),
the reference in subsection (1) to a court by or before which a person is acquitted of a slavery or human trafficking offence is to be read as referring to that court.
(5)The court may adjourn any proceedings relating to the making of a slavery and trafficking risk order.
(6)If the defendant does not appear for any adjourned proceedings the court may—
(a)further adjourn the proceedings, or
(b)hear the proceedings in the defendant’s absence.
(7)The court may not act under subsection (6)(b) unless it is satisfied that the defendant—
(a)has had adequate notice of the time and place of the adjourned proceedings, and
(b)has been informed that if the defendant does not appear for those proceedings the court may hear the proceedings in the defendant’s absence.
(8)The acts of the defendant which may be relied on for the purposes of subsection (2) include acts taking place before this section comes into force.
(3)In the heading of section 23 (slavery and trafficking risk orders), at the end insert “on application”.
(4)In section 27 (variation, renewal and discharge)—
(a)in subsection (2), in each of paragraphs (e), (f) and (g), after “application” insert “under section 23”;
(b)in subsection (8), before paragraph (a) insert—.
(za)where the Crown Court made the slavery and trafficking risk order, the Crown Court;
(5)In section 28(1) (interim slavery and trafficking risk orders), after “an application” insert “under section 23”.
(6)In section 29 (appeals)—
(a)for subsection (1) substitute—;
(1)A defendant may appeal against the making of a slavery and trafficking risk order—
(a)where the order was made under section 22A, as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for the offence;
(b)where the order was made on an application under section 23, to the Crown Court.
(1A)A defendant may appeal to the Crown Court against the making of an interim slavery and trafficking risk order.
(1B)A defendant may appeal against the making of an order under section 27, or the refusal to make such an order—
(a)where the application for such an order was made to the Crown Court, to the Court of Appeal;
(b)in any other case, to the Crown Court.
(b)in subsection (2), at the beginning insert “On an appeal under subsection (1)(b), (1A) or (1B)(b) ”;
(c)in subsection (3), for the words from “against” to “interim slavery and trafficking risk order” substitute “under subsection (1)(b) or (1A) ”.
(7)In section 34(1) (interpretation of Part 2), in the definition of “slavery and trafficking risk order”, after “section” insert “ 22A or”.
(8)In the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12), in section 32(2)(g) (offences), after “section” insert “ 22A or”.
(9)In the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)), in paragraph 16(1)(e) of Schedule 3 (offences), for “section 23” substitute “sections 22A and 23”.
Inserts a new provision into Modern Slavery Act 2015 — before section 23

The inserted text is set out above. · view Modern Slavery Act 2015 on legislation.gov.uk ↗

Amends Modern Slavery Act 2015, section 23 — Slavery and trafficking risk orders
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 26, clause 27 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 23
Slavery and trafficking risk orders on application
(1) A magistrates' court may make a slavery and trafficking risk order against a person (“the defendant”) on an application by—
(a) a chief officer of police,
(b) an immigration officer,...
(c) the Director General of the National Crime Agency (“the Director General”), or
(d) if it appears that an offence under this Part which is a labour market offence has been, is being or may be committed, the Secretary of State.
(2) The court may make the order only if it is satisfied that the defendant has acted in a way which means that—
(a) there is a risk that the defendant will commit a slavery or human trafficking offence, and
(b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(3) A chief officer of police may make an application under this section only in respect of a person—
(a) who lives in the chief officer's police area, or
(b) who the chief officer believes is in that area or is intending to come to it.
(4) An application under this section is to be made by complaint, and may be made to any magistrates' court acting for a local justice area that includes—
(a) any part of a relevant police area, or
(b) any place where it is alleged that the person acted in a way mentioned in subsection (2).
(5) Where the defendant is under 18, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 32).
(6) Where an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State must give notice of the application to the chief officer of police for a relevant police area.
(7) “Relevant police area” means—
(a) where the applicant is a chief officer of police, the officer's police area;
(b) where the applicant is an immigration officer, the Director General or the Secretary of State, the police area where the defendant lives or a police area which the officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(8) The acts of the defendant which may be relied on for the purposes of subsection (2) include acts taking place before this section comes into force.
Amends Modern Slavery Act 2015, section 27 — Variation, renewal and discharge
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 26, clause 27, clause 34 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 27
(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a slavery and trafficking risk order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant lives;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d) where the order was made on an application by a chief officer of police, that officer;
(e) where the order was made on an application under section 23 by an immigration officer, an immigration officer;
(f) where the order was made on an application under section 23 by the Director General of the National Crime Agency (“the Director General”), the Director General;
(g) where the order was made on an application under section 23 by the Secretary of State, the Secretary of State.
(3) On the application the court, after hearing—
(a) the person making the application, and
(b) the other persons mentioned in subsection (2) (if they wish to be heard),
may make any order varying, renewing or discharging the slavery and trafficking risk order that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 26(3) to (6), only if the court is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5) Any renewed or varied order—
(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose;
(b) may require the defendant to comply with section 26(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose.
(6) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of—
(a) the defendant and the chief officer of police for the area in which the defendant lives, or
(b) where the application is made by a chief officer of police, the defendant and that chief officer.
(7) Where an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State must give notice of the application to the chief officer of police for—
(a) the police area where the defendant lives, or
(b) a police area which the immigration officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(8) In this section “the appropriate court” means—
(za) where the Crown Court made the slavery and trafficking risk order, the Crown Court;
(a) where an adult magistrates' court made the slavery and trafficking risk order—
(i) that court,
(ii) any adult magistrates' court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(b) where a youth court made the order and the defendant is under 18—
(i) that court,
(ii) a youth court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(c) where a youth court made the order and the defendant is 18 or over—
(i) an adult magistrates' court for the area in which the defendant lives, or
(ii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
Amends Modern Slavery Act 2015, section 28 — Interim slavery and trafficking risk orders
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 29, clause 32 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 28
(1) This section applies where an application under section 23 for a slavery and trafficking risk order (“the main application”) has not been determined.
(2) An application for an interim slavery and trafficking risk order—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3) The court may, if it considers it just to do so, make an interim slavery and trafficking risk order.
(4) An interim slavery and trafficking risk order is an order which prohibits the defendant from doing anything described in the order.
(5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.
(6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 26. If it does, those subsections apply as if references to a slavery and trafficking risk order were to an interim slavery and trafficking risk order.
(7) The order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking risk order for the order to be varied, renewed or discharged.
Amends Modern Slavery Act 2015, section 29 — Appeals
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Modern Slavery Act 2015 — section 29
(1) A defendant may appeal to the Crown Court—
(a) against the making of a slavery and trafficking risk order;
(b) against the making of an interim slavery and trafficking risk order;
(c) against the making of an order under section 27, or the refusal to make such an order.
(1) A defendant may appeal against the making of a slavery and trafficking risk order—
(a) where the order was made under section 22A, as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for the offence;
(b) where the order was made on an application under section 23, to the Crown Court.
(1A) A defendant may appeal to the Crown Court against the making of an interim slavery and trafficking risk order.
(1B) A defendant may appeal against the making of an order under section 27, or the refusal to make such an order—
(a) where the application for such an order was made to the Crown Court, to the Court of Appeal;
(b) in any other case, to the Crown Court.
(2) On an appeal under subsection (1)(b), (1A) or (1B)(b) The Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(3) An order made by the Crown Court on an appeal against the making of a slavery and trafficking risk order or an interim slavery and trafficking risk orderunder subsection (1) (b) or (1A) is to be treated for the purposes of section 27(8) or 28(8) (respectively) as if it were an order of the court from which the appeal was brought.
(4) Subsection (3) does not apply to an order directing that an application be re-heard by a magistrates' court.
Amends Modern Slavery Act 2015, section 34 — Interpretation of Part 2
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 28 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 34
(1) In this Part—
“adult magistrates court” means a magistrates' court that is not a youth court;
“cautioned” means cautioned after the person concerned has admitted the offence;
“interim slavery and trafficking prevention order” means an order made under section 21 (except in section 30(1)(f));
“interim slavery and trafficking risk order” means an order made under section 28;
“labour market offence” has the same meaning as in Part 5 of the Employment Rights Act 2025;
“slavery or human trafficking offence” means an offence listed in Schedule 1;
“slavery and trafficking prevention order” means an order made under section 14 or 15 (except in section 30(1)(e));
“slavery and trafficking risk order” means an order made under section 22A or 23.
(2) In this Part “passport” means—
(a) a United Kingdom passport within the meaning of the Immigration Act 1971;
(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
(c) a document that can be used (in some or all circumstances) instead of a passport.
(3) In this Part a reference to a conviction includes a conviction for an offence in respect of which an order for conditional discharge is made, despite—
(a) section 82(2) of the Sentencing Code (conviction with conditional discharge deemed not to be a conviction);
(b) article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (equivalent provision for Northern Ireland).
(4) Subsection (3) applies only to convictions after this Part comes into force.
(5) In this Part a reference to a conviction includes a finding of a court in summary proceedings that the accused did the act charged, where the court makes an order under—
(a) section 37(3) of the Mental Health Act 1983,
(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995, or
(c) article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)),
(hospital and guardianship orders).
(6) In relation to an offence under the law of Scotland, a reference in this Part to a person being found not guilty by reason of insanity is to be treated as a reference to a person being acquitted by reason of the special defence in section 51A of the Criminal Procedure (Scotland) Act 1995.
(7) In this Part, a reference to a finding that a person is under a disability and has done the act charged against the person in respect of an offence includes a finding that a person is insane or unfit to be tried and has done the act charged against the person in respect of an offence.
(8) Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part.
(9) A person's age is to be treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.
Amends Human Trafficking and Exploitation (Scotland) Act 2015, section 32 — Offences
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Human Trafficking and Exploitation (Scotland) Act 2015 — section 32
(1) A person commits an offence if, without reasonable excuse, the person—
(a) does anything which the person is prohibited from doing by an order mentioned in subsection (2),
(b) fails to do anything which the person is required to do by such an order.
(2) The orders are—
(a) a trafficking and exploitation prevention order,
(b) an interim trafficking and exploitation prevention order,
(c) a trafficking and exploitation risk order,
(d) an interim trafficking and exploitation risk order,
(e) an order under section 14 or 15 of the Modern Slavery Act 2015 (slavery and trafficking prevention orders),
(f) an order under section 21 of that Act (interim slavery and trafficking prevention orders),
(g) an order under section 22A or 23 of that Act (slavery and trafficking risk orders),
(h) an order under section 28 of that Act (interim slavery and trafficking risk orders),
(i) an order under paragraph 1 or 2 of schedule 3 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery and trafficking prevention orders),
(j) an order under paragraph 7 of schedule 3 of that Act (interim slavery and trafficking prevention orders).
(3) A person who commits an offence under section (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
Amends Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, Schedule 3, para 16 — 16
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 — Schedule 3, para 16
(1) A person who, without reasonable excuse, fails to comply with any prohibition or requirement contained in—
(a) a slavery and trafficking prevention order,...
(b) an interim slavery and trafficking prevention order,
(c) a slavery and trafficking prevention order within the meaning of sections 14 and 15 of the Modern Slavery Act 2015,
(d) an interim slavery and trafficking prevention order within the meaning of section 21 of the Modern Slavery Act 2015,
(e) a slavery and trafficking risk order within the meaning of section 23sections 22A and 23 of the Modern Slavery Act 2015,
(f) an interim slavery and trafficking risk order within the meaning of section 28 of the Modern Slavery Act 2015,
(g) a trafficking and exploitation prevention order within the meaning of sections 17 and 18 of the Human Trafficking and Exploitation (Scotland) Act 2015,
(h) an interim trafficking and exploitation prevention order within the meaning of section 24 of the Human Trafficking and Exploitation (Scotland) Act 2015,
(i) a trafficking and exploitation risk order within the meaning of section 26 of the Human Trafficking and Exploitation (Scotland) Act 2015, or
(j) an interim trafficking and exploitation risk order within the meaning of section 30 of the Human Trafficking and Exploitation (Scotland) Act 2015.
commits an offence.
(2) A person who, without reasonable excuse, fails to comply with—
(a) paragraph 10(1), 11(1) or (6)(b), 12(1), 13(2) or (6) or 15(3), or
(b) any requirement imposed by regulations made under paragraph 14(1),
commits an offence.
(3) A person who notifies to the police, in purported compliance with—
(a) paragraph 10(1), 11(1), 12(1) or 13(2) or (6), or
(b) any requirement imposed by regulations made under paragraph 14(1),
any information which the person knows to be false, commits an offence.
(4) As regards an offence under sub-paragraph (2), so far as it relates to non-compliance with—
(a) paragraph 10(1), 11(1), 12(1) or 13(2) or (6), or
(b) any requirement imposed by regulations made under paragraph 14(1),
a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.
(5) But a person must not be prosecuted under sub-paragraph (2) more than once in respect of the same failure.
(6) A person guilty of an offence under this paragraph is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
(7) Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make an order for conditional discharge in respect of the offence.
Explanatory Notes · published by the Government with the Bill
206. Clause 25(2) inserts new section 22A into the MSA 2015, which introduces a power for a court to make an STRO on acquittal for a slavery or human trafficking. 207. New section 22A(2)(a) to (b) sets out that a court may only make the order if satisfied that there is a risk the defendant will commit a slavery or trafficking offence, and the order is necessary to protect others from physical or psychological harm which would be likely to occur if such an offence was committed. 208. New section 22A(3) stipulates that if the Court of Appeal allows an appeal against a conviction it may send the case to the Crown Court to consider the STRO on acquittal. 209. New section 22A(4) provides that where the Crown Court allows an appeal against conviction, or a case is remitted to the Crown Court under subsection (3), the reference in subsection (1) to a court by or before which a person is acquitted of a slavery or human trafficking offence is to be read as referring to that Crown Court. 210. New section 22A(5) enables the court to adjourn proceedings relating to a STRO. New section 22A(6) sets out if the defendant does not appear for adjourned proceedings the court can further adjourn or hear the proceedings in the defendant’s absence. New section 22A(7) provides that the court may not hear the proceedings in the defendant’s absence unless satisfied that the defendant has been given adequate notice of time and place of the adjourned proceedings, and the defendant has been informed that the proceedings may go ahead in their absence. 211. New section 22A(8) permits that acts of the defendant that took place before the new section 22A came into force may be relied upon by the court under section 22A(2). 212. Subsection (3) of clause 25 inserts “on application” in the heading of section 23 of the MSA 2015 after STROs, to more accurately reflect the content of the section. 213. Subsection (4)(a) inserts “under section 23” to section 27 of the MSA 2015, which deals with variation, renewal and discharge of a STROs made on application (section 23) and STROs made under new section 22A(1). Subsection (4)(b) inserts a STRO made by the Crown Court, to include orders granted by the Crown Court under new section 22A(1) so that they can be varied, renewed and discharged by the Crown Court. 214. Subsection (5) inserts “under section 23” to section 28(1) of the MSA 2015, which deals with interim slavery and trafficking risk orders to distinguish between the current STROs (under section 23) and STROs on acquittal being introduced under new section 22A(1). 215. Subsection (6) substitutes the current wording in section 29(1) of the MSA 2015, which deals with appeals of STROs to the Crown Court and the Court of Appeal, and replaces it with a new subsection (1), (1A) and (1B) to cover the process for appeals for orders made under new section 22A(1) and existing orders made under section 23 of the MSA 2015, including appeals against the variation, renewal, discharge or refusal of orders under section 27 of the MSA 2015. 216. Subsection (7) adds the new section 22A to the interpretation of Part 2, in section 34(1) of the MSA 2015, which defines key terms and expressions used in STPOs and STROs. 217. Subsection (8) includes the breach of the new section 22A, STRO on Acquittal, to the list of offences under section 32(2)(g) of the Human Trafficking and Exploitation (Scotland) Act 2015 which maintains the current enforcement position. 218. Subsection (9) includes breach of the new section 22A, STRO on Acquittal, to the list of offences in paragraph 16(1)(e) of Schedule 3 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.
Amendments tabled 1, including 1 from the Government

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 113 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment means that where the Court of Appeal makes a slavery and trafficking risk order under section 29(1)(a) of the Modern Slavery Act 2015 any application to vary, renew or discharge the order will be determined by the Crown Court.

Effect on the clause · the printed text with this amendment applied
24:16(b) in subsection (8), before paragraph (a) insert—
24:17“(za) where the Crown Court or Court of Appeal made the slavery and trafficking
24:18risk order, the Crown Court;”.
The amendment · as tabled, addressed to the printed Bill
Clause 25, page 24, line 17, after “Crown Court” insert “or Court of Appeal”
26

26 — Power for Chief Constable of the British Transport Police Force to apply for prevention and risk orders etc

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 15 (slavery and trafficking prevention orders on application)—
(a)in subsection (1), after paragraph (a) insert—;
(aa)the Chief Constable of the British Transport Police Force,
(b)in subsection (7)—
(i)after “Where” insert “the Chief Constable of the British Transport Police Force,”;
(ii)for “the officer, the Director General or the Secretary of State” substitute “that person”.
(3)In section 19(7) (requirement to provide name and address)—
(a)after “notify” insert “the Chief Constable of the British Transport Police Force,”;
(b)for “the Director General, the officer or the Secretary of State must give details of any notification” substitute “any such person so notified must give details of the notification”.
(4)In section 20 (variation, renewal and discharge)—
(a)in subsection (2), before paragraph (e) insert—;
(da)where the order was made on an application under section 15 by the Chief Constable of the British Transport Police Force, the Chief Constable;
(b)in subsection (9)—
(i)after “Where” insert “the Chief Constable of the British Transport Police Force,”;
(ii)for “the officer, the Director General or the Secretary of State” substitute “that person (“the applicant”)”;
(iii)in paragraph (b), for “the immigration officer, the Director General or the Secretary of State” substitute “the applicant”.
(5)In section 23 (slavery and trafficking risk orders)—
(a)in subsection (1), after paragraph (a) insert—;
(aa)the Chief Constable of the British Transport Police Force,
(b)in subsection (6)—
(i)after “Where” insert “the Chief Constable of the British Transport Police Force,”;
(ii)for “the officer, the Director General or the Secretary of State” substitute “that person”.
(6)In section 26(7) (requirement to provide name and address)—
(a)after “notify” insert “the Chief Constable of the British Transport Police Force,”;
(b)for “the Director General, the officer or the Secretary of State must give details of any notification” substitute “any such person so notified must give details of the notification”.
(7)In section 27 (variation, renewal and discharge)—
(a)in subsection (2), before paragraph (e) insert—;
(da)where the order was made on an application under section 23 by the Chief Constable of the British Transport Police Force, the Chief Constable;
(b)in subsection (7)—
(i)after “Where” insert “the Chief Constable of the British Transport Police Force,”;
(ii)for “the officer, the Director General or the Secretary of State” substitute “that person (“the applicant”)”;
(iii)in paragraph (b), for “the immigration officer, the Director General or the Secretary of State” substitute “the applicant”.
(8)In section 33(1) (guidance), after “police,” insert “the Chief Constable of the British Transport Police Force,”.
Amends Modern Slavery Act 2015, section 15 — Slavery and trafficking prevention orders on application
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 27 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 15
(1) A magistrates' court may make a slavery and trafficking prevention order against a person (“the defendant”) on an application by—
(a) a chief officer of police,
(aa) the Chief Constable of the British Transport Police Force,
(b) an immigration officer,...
(c) the Director General of the National Crime Agency (“the Director General”), or
(ca) if it appears that an offence under this Part which is a labour market offence has been, is being or may be committed, the Secretary of State.
(2) The court may make the order only if it is satisfied that—
(a) the defendant is a relevant offender (see section 16), and
(b) since the defendant first became a relevant offender, the defendant has acted in a way which means that the condition in subsection (3) is met.
(3) The condition is that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(4) A chief officer of police may make an application under this section only in respect of a person—
(a) who lives in the chief officer's police area, or
(b) who the chief officer believes is in that area or is intending to come to it.
(5) An application under this section is to be made by complaint, and may be made to any magistrates' court acting for a local justice area that includes—
(a) any part of a relevant police area, or
(b) any place where it is alleged that the defendant acted in a way mentioned in subsection (2)(b).
(6) Where the defendant is under 18, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 32).
(7) Where the Chief Constable of the British Transport Police Force, an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State that person must give notice of the application to the chief officer of police for a relevant police area.
(8) In this section “relevant police area” means—
(a) where the applicant is a chief officer of police, the officer's police area;
(b) where the applicant is an immigration officer, the Director General or the Secretary of State, the police area where the defendant lives or a police area which the officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(9) The acts of the defendant which may be relied on for the purposes of subsection (2)(b) include acts taking place before this section comes into force.
Amends Modern Slavery Act 2015, section 19 — Requirement to provide name and address
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 28 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 19
(1) A slavery and trafficking prevention order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6).
(2) It may do so only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.
(3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking prevention order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters.
(4) The relevant matters are—
(a) the defendant's name and, where the defendant uses one or more other names, each of those names, and
(b) the defendant's home address.
(5) If while the defendant is subject to the order the defendant—
(a) uses a name which has not been notified under the order, or
(b) changes home address,
the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address.
(6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address.
(7) Where the order requires the defendant to notify the Chief Constable of the British Transport Police Force, the Director General of the National Crime Agency, an immigration officer or the Secretary of State, the Director General, the officer or the Secretary of State any such person so notified must give details of any the notification to the chief officer of police for each relevant police area.
(8) “Relevant police area” means—
(a) where the defendant notifies a new name, the police area where the defendant lives;
(b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.
Amends Modern Slavery Act 2015, section 20 — Variation, renewal and discharge
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 27, clause 34 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 20
(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a slavery and trafficking prevention order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant lives;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d) where the order was made on an application under section 15 by a chief officer of police, that officer;
(da) where the order was made on an application under section 15 by the Chief Constable of the British Transport Police Force, the Chief Constable;
(e) where the order was made on an application under section 15 by an immigration officer, an immigration officer;
(f) where the order was made on an application under section 15 by the Director General of the National Crime Agency (“the Director General”), the Director General;
(g) where the order was made on an application under section 15 by the Secretary of State, the Secretary of State.
(3) On the application the court, after hearing—
(a) the person making the application, and
(b) the other persons mentioned in subsection (2) (if they wish to be heard),
may make any order varying, renewing or discharging the slavery and trafficking prevention order that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 19(3) to (6), only if the court is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5) Any renewed or varied order—
(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose,
(b) may require the defendant to comply with section 19(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose.
(6) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of—
(a) the defendant and the chief officer of police for the area in which the defendant lives, or
(b) where the application is made by a chief officer of police, the defendant and that chief officer.
(7) Subsection (6) does not apply to an order containing a prohibition on foreign travel and no other prohibitions.
(8) An application under this section may be made—
(a) where the appropriate court is the Crown Court, in accordance with rules of court;
(b) in any other case, by complaint.
(9) Where the Chief Constable of the British Transport Police Force, an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State that person (“the applicant”) must give notice of the application to the chief officer of police for—
(a) the police area where the defendant lives, or
(b) a police area which the immigration officer, the Director General or the Secretary of Statethe applicant believes the defendant is in or is intending to come to.
(10) In this section “the appropriate court” means—
(a) where the Crown Court or the Court of Appeal made the slavery and trafficking prevention order, the Crown Court;
(b) where an adult magistrates' court made the order—
(i) that court,
(ii) an adult magistrates' court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(c) where a youth court made the order and the defendant is under 18—
(i) that court,
(ii) a youth court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(d) where a youth court made the order and the defendant is 18 or over—
(i) an adult magistrates' court for the area in which the defendant lives, or
(ii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
Amends Modern Slavery Act 2015, section 23 — Slavery and trafficking risk orders
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 25, clause 27 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 23
(1) A magistrates' court may make a slavery and trafficking risk order against a person (“the defendant”) on an application by—
(a) a chief officer of police,
(aa) the Chief Constable of the British Transport Police Force,
(b) an immigration officer,...
(c) the Director General of the National Crime Agency (“the Director General”), or
(d) if it appears that an offence under this Part which is a labour market offence has been, is being or may be committed, the Secretary of State.
(2) The court may make the order only if it is satisfied that the defendant has acted in a way which means that—
(a) there is a risk that the defendant will commit a slavery or human trafficking offence, and
(b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(3) A chief officer of police may make an application under this section only in respect of a person—
(a) who lives in the chief officer's police area, or
(b) who the chief officer believes is in that area or is intending to come to it.
(4) An application under this section is to be made by complaint, and may be made to any magistrates' court acting for a local justice area that includes—
(a) any part of a relevant police area, or
(b) any place where it is alleged that the person acted in a way mentioned in subsection (2).
(5) Where the defendant is under 18, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 32).
(6) Where the Chief Constable of the British Transport Police Force, an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State that person must give notice of the application to the chief officer of police for a relevant police area.
(7) “Relevant police area” means—
(a) where the applicant is a chief officer of police, the officer's police area;
(b) where the applicant is an immigration officer, the Director General or the Secretary of State, the police area where the defendant lives or a police area which the officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(8) The acts of the defendant which may be relied on for the purposes of subsection (2) include acts taking place before this section comes into force.
Amends Modern Slavery Act 2015, section 26 — Requirement to provide name and address
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 29 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 26
(1) A slavery and trafficking risk order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6).
(2) It may do so only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.
(3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking risk order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters.
(4) The relevant matters are—
(a) the defendant's name and, where the defendant uses one or more other names, each of those names, and
(b) the defendant's home address.
(5) If while the defendant is subject to the order the defendant—
(a) uses a name which has not been notified under the order, or
(b) changes home address,
the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address.
(6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address.
(7) Where the order requires the defendant to notify the Chief Constable of the British Transport Police Force, the Director General of the National Crime Agency, an immigration officer or the Secretary of State, the Director General, the officer or the Secretary of State any such person so notified must give details of any the notification to the chief officer of police for each relevant police area.
(8) “Relevant police area” means—
(a) where the defendant notifies a new name, the police area where the defendant lives;
(b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.
Amends Modern Slavery Act 2015, section 27 — Variation, renewal and discharge
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 25, clause 27, clause 34 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 27
(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a slavery and trafficking risk order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant lives;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d) where the order was made on an application by a chief officer of police, that officer;
(da) where the order was made on an application under section 23 by the Chief Constable of the British Transport Police Force, the Chief Constable;
(e) where the order was made on an application by an immigration officer, an immigration officer;
(f) where the order was made on an application by the Director General of the National Crime Agency (“the Director General”), the Director General;
(g) where the order was made on an application by the Secretary of State, the Secretary of State.
(3) On the application the court, after hearing—
(a) the person making the application, and
(b) the other persons mentioned in subsection (2) (if they wish to be heard),
may make any order varying, renewing or discharging the slavery and trafficking risk order that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 26(3) to (6), only if the court is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5) Any renewed or varied order—
(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose;
(b) may require the defendant to comply with section 26(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose.
(6) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of—
(a) the defendant and the chief officer of police for the area in which the defendant lives, or
(b) where the application is made by a chief officer of police, the defendant and that chief officer.
(7) Where the Chief Constable of the British Transport Police Force, an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State that person (“the applicant”) must give notice of the application to the chief officer of police for—
(a) the police area where the defendant lives, or
(b) a police area which the immigration officer, the Director General or the Secretary of Statethe applicant believes the defendant is in or is intending to come to.
(8) In this section “the appropriate court” means—
(a) where an adult magistrates' court made the slavery and trafficking risk order—
(i) that court,
(ii) any adult magistrates' court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(b) where a youth court made the order and the defendant is under 18—
(i) that court,
(ii) a youth court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(c) where a youth court made the order and the defendant is 18 or over—
(i) an adult magistrates' court for the area in which the defendant lives, or
(ii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
Amends Modern Slavery Act 2015, section 33 — Guidance to chief officers of police etc
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Modern Slavery Act 2015 — section 33
(1) The Secretary of State must issue guidance to chief officers of police, the Chief Constable of the British Transport Police Force, immigration officers and the Director General of the National Crime Agency in relation to the exercise by them of their powers under this Part.
(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.
Explanatory Notes · published by the Government with the Bill
219. This clause amends the MSA 2015 to add the Chief Constable of the British Transport Police Force (BTP) to the list of people who can make an application for an STPO under section 15 of the MSA 2015 and an application for a STRO under section 23, and to vary, discharge and renew the orders under sections 20 and 27 of the MSA 2015. It also adds BTP to the list of agencies required to provide information received in accordance with the notification requirements to the chief officer for each relevant police area. Clause 26 also amends the language to avoid repetition and simplify. 220. Subsection (3)(a) and (b) adds the chief constable of the BTP to the list of agencies required to give details of any notification requirements in a STPO to the chief officer of police for each relevant police area. 221. Subsection (4)(a) adds the chief constable of the BTP to the list of individuals who may apply to the appropriate court for an order to vary, renew or discharge a STPO under section 20 of the MSA 2015. Subsection (4)(b) amends section 20(9) of the MSA 2015 to add the chief constable of the BTP. 222. Subsection (5)(a) adds the chief constable of the BTP to the list of agencies who can apply for an STRO under section 23 of the MSA 2015. Subsection (5)(b) amends section 23(6) of the MSA 2015 to add the chief constable of the BTP to the list of bodies required to notify the chief officer of the relevant police force area of an application for a STRO. 223. Subsection (6)(a) adds the chief constable of the BTP to the list of bodies required to give details of any notification requirements in a STRO to the chief officer of police for each relevant police area. 224. Subsection (7) (a) adds the chief constable of the BTP to the list of individuals who may apply to the appropriate court for an order to vary, renew or discharge a STRO under section 27 of the MSA 2015. 225. Subsection (8) adds the chief constable of the BTP to the list of bodies who the Secretary of State under section 33(1) of the MSA 2015 must issue guidance to in relation to the exercise by them of their powers under Part 2 of the MSA 2015.
27

27 — Power for chief officer of police to apply for prevention and risk orders etc

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 15 (slavery and trafficking prevention orders on application)—
(a)omit subsection (4);
(b)in subsection (8), for paragraphs (a) and (b) substitute—
(a)the police area where the defendant lives, or
(b)a police area which the applicant believes the defendant is in or is intending to come to.
(3)In section 20(2) (variation, renewal and discharge)—
(a)for paragraph (b) substitute—;
(b)a chief officer of police;
(b)omit paragraphs (c) and (d).
(4)In section 23 (slavery and trafficking risk orders)—
(a)omit subsection (3);
(b)in subsection (7), for paragraphs (a) and (b) substitute—
(a)the police area where the defendant lives, or
(b)a police area which the applicant believes the defendant is in or is intending to come to.
(5)In section 27(2) (variation, renewal and discharge)—
(a)for paragraph (b) substitute—;
(b)a chief officer of police;
(b)omit paragraphs (c) and (d).
Amends Modern Slavery Act 2015, section 15 — Slavery and trafficking prevention orders on application
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 26 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 15
(1) A magistrates' court may make a slavery and trafficking prevention order against a person (“the defendant”) on an application by—
(a) a chief officer of police,
(b) an immigration officer,...
(c) the Director General of the National Crime Agency (“the Director General”), or
(ca) if it appears that an offence under this Part which is a labour market offence has been, is being or may be committed, the Secretary of State.
(2) The court may make the order only if it is satisfied that—
(a) the defendant is a relevant offender (see section 16), and
(b) since the defendant first became a relevant offender, the defendant has acted in a way which means that the condition in subsection (3) is met.
(3) The condition is that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(4) A chief officer of police may make an application under this section only in respect of a person—
(a) who lives in the chief officer's police area, or
(b) who the chief officer believes is in that area or is intending to come to it.
(5) An application under this section is to be made by complaint, and may be made to any magistrates' court acting for a local justice area that includes—
(a) any part of a relevant police area, or
(b) any place where it is alleged that the defendant acted in a way mentioned in subsection (2)(b).
(6) Where the defendant is under 18, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 32).
(7) Where an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State must give notice of the application to the chief officer of police for a relevant police area.
(8) In this section “relevant police area” means—
(a) where the applicant is a chief officer of police, the officer's police area;
(b) where the applicant is an immigration officer, the Director General or the Secretary of State, the police area where the defendant lives or a police area which the officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(a) the police area where the defendant lives, or
(b) a police area which the applicant believes the defendant is in or is intending to come to.
(9) The acts of the defendant which may be relied on for the purposes of subsection (2)(b) include acts taking place before this section comes into force.
Amends Modern Slavery Act 2015, section 20 — Variation, renewal and discharge
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 26, clause 34 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 20
(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a slavery and trafficking prevention order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant lives;
(b) a chief officer of police;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d) where the order was made on an application under section 15 by a chief officer of police, that officer;
(e) where the order was made on an application under section 15 by an immigration officer, an immigration officer;
(f) where the order was made on an application under section 15 by the Director General of the National Crime Agency (“the Director General”), the Director General;
(g) where the order was made on an application under section 15 by the Secretary of State, the Secretary of State.
(3) On the application the court, after hearing—
(a) the person making the application, and
(b) the other persons mentioned in subsection (2) (if they wish to be heard),
may make any order varying, renewing or discharging the slavery and trafficking prevention order that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 19(3) to (6), only if the court is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5) Any renewed or varied order—
(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose,
(b) may require the defendant to comply with section 19(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose.
(6) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of—
(a) the defendant and the chief officer of police for the area in which the defendant lives, or
(b) where the application is made by a chief officer of police, the defendant and that chief officer.
(7) Subsection (6) does not apply to an order containing a prohibition on foreign travel and no other prohibitions.
(8) An application under this section may be made—
(a) where the appropriate court is the Crown Court, in accordance with rules of court;
(b) in any other case, by complaint.
(9) Where an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State must give notice of the application to the chief officer of police for—
(a) the police area where the defendant lives, or
(b) a police area which the immigration officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(10) In this section “the appropriate court” means—
(a) where the Crown Court or the Court of Appeal made the slavery and trafficking prevention order, the Crown Court;
(b) where an adult magistrates' court made the order—
(i) that court,
(ii) an adult magistrates' court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(c) where a youth court made the order and the defendant is under 18—
(i) that court,
(ii) a youth court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(d) where a youth court made the order and the defendant is 18 or over—
(i) an adult magistrates' court for the area in which the defendant lives, or
(ii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
Amends Modern Slavery Act 2015, section 23 — Slavery and trafficking risk orders
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 25, clause 26 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 23
(1) A magistrates' court may make a slavery and trafficking risk order against a person (“the defendant”) on an application by—
(a) a chief officer of police,
(b) an immigration officer,...
(c) the Director General of the National Crime Agency (“the Director General”), or
(d) if it appears that an offence under this Part which is a labour market offence has been, is being or may be committed, the Secretary of State.
(2) The court may make the order only if it is satisfied that the defendant has acted in a way which means that—
(a) there is a risk that the defendant will commit a slavery or human trafficking offence, and
(b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(3) A chief officer of police may make an application under this section only in respect of a person—
(a) who lives in the chief officer's police area, or
(b) who the chief officer believes is in that area or is intending to come to it.
(4) An application under this section is to be made by complaint, and may be made to any magistrates' court acting for a local justice area that includes—
(a) any part of a relevant police area, or
(b) any place where it is alleged that the person acted in a way mentioned in subsection (2).
(5) Where the defendant is under 18, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 32).
(6) Where an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State must give notice of the application to the chief officer of police for a relevant police area.
(7) “Relevant police area” means—
(a) where the applicant is a chief officer of police, the officer's police area;
(b) where the applicant is an immigration officer, the Director General or the Secretary of State, the police area where the defendant lives or a police area which the officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(a) the police area where the defendant lives, or
(b) a police area which the applicant believes the defendant is in or is intending to come to.
(8) The acts of the defendant which may be relied on for the purposes of subsection (2) include acts taking place before this section comes into force.
Amends Modern Slavery Act 2015, section 27 — Variation, renewal and discharge
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 25, clause 26, clause 34 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 27
(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a slavery and trafficking risk order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant lives;
(b) a chief officer of police;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d) where the order was made on an application by a chief officer of police, that officer;
(e) where the order was made on an application by an immigration officer, an immigration officer;
(f) where the order was made on an application by the Director General of the National Crime Agency (“the Director General”), the Director General;
(g) where the order was made on an application by the Secretary of State, the Secretary of State.
(3) On the application the court, after hearing—
(a) the person making the application, and
(b) the other persons mentioned in subsection (2) (if they wish to be heard),
may make any order varying, renewing or discharging the slavery and trafficking risk order that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 26(3) to (6), only if the court is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5) Any renewed or varied order—
(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose;
(b) may require the defendant to comply with section 26(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose.
(6) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of—
(a) the defendant and the chief officer of police for the area in which the defendant lives, or
(b) where the application is made by a chief officer of police, the defendant and that chief officer.
(7) Where an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State must give notice of the application to the chief officer of police for—
(a) the police area where the defendant lives, or
(b) a police area which the immigration officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(8) In this section “the appropriate court” means—
(a) where an adult magistrates' court made the slavery and trafficking risk order—
(i) that court,
(ii) any adult magistrates' court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(b) where a youth court made the order and the defendant is under 18—
(i) that court,
(ii) a youth court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(c) where a youth court made the order and the defendant is 18 or over—
(i) an adult magistrates' court for the area in which the defendant lives, or
(ii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
Explanatory Notes · published by the Government with the Bill
226. This clause amends the MSA 2015 to allow forces to make applications for STPOs and STROs for individuals, regardless of whether they live in the force area. 227. Subsection (1) sets out that the MSA 2015 is amended, as set out in subsections (2)-(6). 228. Subsection (2)(a) omits section 15(4) of the MSA 2015 and subsection (2)(b) amends section 15(8) (STPOs on application) of the MSA 2015 to allow STPOs on application to be applied for by police either in the police area where the defendant lives, or in police areas which the defendant is in or intending to go to. 229. Subsection (3)(a) stipulates that in section 20(2) of the MSA 2015, a chief officer of police can apply to the appropriate court for an order varying, renewing or discharging a STPO. 230. Subsection (4)(a) amends section 23 (STRO on application) to omit section 23(3) of the MSA 2015. Subsection (4)(b) amends section 23(7) to allow STROs to be applied for by police either in the police area where the defendant lives, or in police areas which the defendant is in or intending to go to. 231. Subsection (5)(a) stipulates that in section 27(2) of the MSA 2015, a chief officer of police can apply to the appropriate court for an order varying, renewing or discharging a STRO.
28

28 — Notification requirements in slavery and trafficking prevention orders

amends
(1)The Modern Slavery Act 2015 is amended as set out in subsections (2) to (5).
(2)In section 19 (requirement to provide name and address)—
(a)for the heading substitute “Notification requirements”;
(b)in subsection (1), for “may” substitute “must”;
(c)after subsection (1) insert—;
(1A)A slavery and trafficking prevention order may require the defendant to comply with subsection (6A).
(d)in subsection (3), omit “requiring the defendant to comply with subsections (3) to (6)”;
(e)after subsection (6) insert—
(6A)Where a slavery and trafficking prevention order requires the defendant to comply with this subsection, the defendant must, before the end of the prescribed period and in the way specified in the order, notify the person specified in the order of the prescribed information.
(3)In section 21 (interim slavery and trafficking prevention orders), for subsection (6) substitute—
(6)Section 19 (notification requirements) applies in relation to an interim slavery and trafficking prevention order as it applies in relation to a slavery and trafficking prevention order, but as if subsections (2), (7) and (8) were omitted.
(4)In section 34(1) (interpretation), after the definition of “labour market offence” insert—.
“prescribed” means prescribed in regulations made by the Secretary of State;
(5)In section 58(4) (regulations subject to the affirmative procedure), after paragraph (a) insert—.
(aa)regulations under section 19(6A) (notification requirements for slavery and trafficking prevention orders);
(6)The amendment made by subsection (2)(b) does not affect an order made before the day on which this section comes fully into force.
Amends Modern Slavery Act 2015, section 19 — Requirement to provide name and address
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 26 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 19
Requirement to provide name and address Notification requirements
(1) A slavery and trafficking prevention order maymust (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6).
(1A) A slavery and trafficking prevention order may require the defendant to comply with subsection (6A).
(2) It may do so only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.
(3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking prevention order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters.
(4) The relevant matters are—
(a) the defendant's name and, where the defendant uses one or more other names, each of those names, and
(b) the defendant's home address.
(5) If while the defendant is subject to the order the defendant—
(a) uses a name which has not been notified under the order, or
(b) changes home address,
the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address.
(6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address.
(6A) Where a slavery and trafficking prevention order requires the defendant to comply with this subsection, the defendant must, before the end of the prescribed period and in the way specified in the order, notify the person specified in the order of the prescribed information.
(7) Where the order requires the defendant to notify the Director General of the National Crime Agency, an immigration officer or the Secretary of State, the Director General, the officer or the Secretary of State must give details of any notification to the chief officer of police for each relevant police area.
(8) “Relevant police area” means—
(a) where the defendant notifies a new name, the police area where the defendant lives;
(b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.
Amends Modern Slavery Act 2015, section 21 — Interim slavery and trafficking prevention orders
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 31 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 21
(1) This section applies where an application under section 15 (“the main application”) has not been determined.
(2) An application for an interim slavery and trafficking prevention order—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3) The court may, if it considers it just to do so, make an interim slavery and trafficking prevention order.
(4) An interim slavery and trafficking prevention order is an order which prohibits the defendant from doing anything described in the order.
(5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.
(6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 19. If it does, those subsections apply as if references to a slavery and trafficking prevention order were to an interim slavery and trafficking prevention order.
(6) Section 19 (notification requirements) applies in relation to an interim slavery and trafficking prevention order as it applies in relation to a slavery and trafficking prevention order, but as if subsections (2), (7) and (8) were omitted.
(7) The order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking prevention order for the order to be varied, renewed or discharged.
Amends Modern Slavery Act 2015, section 34 — Interpretation of Part 2
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 25 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 34
(1) In this Part—
“adult magistrates court” means a magistrates' court that is not a youth court;
“cautioned” means cautioned after the person concerned has admitted the offence;
“interim slavery and trafficking prevention order” means an order made under section 21 (except in section 30(1)(f));
“interim slavery and trafficking risk order” means an order made under section 28;
“labour market offence” has the same meaning as in Part 5 of the Employment Rights Act 2025;
“prescribed” means prescribed in regulations made by the Secretary of State;
“slavery or human trafficking offence” means an offence listed in Schedule 1;
“slavery and trafficking prevention order” means an order made under section 14 or 15 (except in section 30(1)(e));
“slavery and trafficking risk order” means an order made under section 23.
(2) In this Part “passport” means—
(a) a United Kingdom passport within the meaning of the Immigration Act 1971;
(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
(c) a document that can be used (in some or all circumstances) instead of a passport.
(3) In this Part a reference to a conviction includes a conviction for an offence in respect of which an order for conditional discharge is made, despite—
(a) section 82(2) of the Sentencing Code (conviction with conditional discharge deemed not to be a conviction);
(b) article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (equivalent provision for Northern Ireland).
(4) Subsection (3) applies only to convictions after this Part comes into force.
(5) In this Part a reference to a conviction includes a finding of a court in summary proceedings that the accused did the act charged, where the court makes an order under—
(a) section 37(3) of the Mental Health Act 1983,
(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995, or
(c) article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)),
(hospital and guardianship orders).
(6) In relation to an offence under the law of Scotland, a reference in this Part to a person being found not guilty by reason of insanity is to be treated as a reference to a person being acquitted by reason of the special defence in section 51A of the Criminal Procedure (Scotland) Act 1995.
(7) In this Part, a reference to a finding that a person is under a disability and has done the act charged against the person in respect of an offence includes a finding that a person is insane or unfit to be tried and has done the act charged against the person in respect of an offence.
(8) Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part.
(9) A person's age is to be treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.
Amends Modern Slavery Act 2015, section 58 — Regulations
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 29, clause 33, clause 40, clause 44, clause 46, clause 47, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 58
(1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—
(a) it contains only regulations under section 61 (commencement), or
(b) it contains regulations to which subsection (4) applies.
(3) A statutory instrument containing regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) This section applies to—
(a) regulations under section 14(4) (power to amend Schedule 1);
(aa) regulations under section 19(6A) (notification requirements for slavery and trafficking prevention orders);
(b) regulations under section 31(1) (power to amend section 30);
(c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist;
(d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43);
(e) regulations under section 45(8) (power to amend Schedule 4);
(f) regulations under section 48(6) (independent child trafficking advocates);
(g) regulations under section 50 (identifying and supporting victims);
(h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist;
(i) regulations under section 54(2) (minimum turnover for application of section 54);
(j) the first regulations under section 54(3) (definition of turnover for purposes of section 54);
(ja) ................................
(k) regulations under section 57(2) (consequential provision) which amend, or repeal any provision of, an Act.
(5) Regulations made by the Scottish Ministers under section 43(7)—
(a) are subject to the affirmative procedure if they contain—
(i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(ii) the provision mentioned in section 43(10) (power to modify section 43);
(b) otherwise, are subject to the negative procedure.
(6) The power of the Department of Justice in Northern Ireland to make regulations under section 43(8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations made by the Department of Justice in Northern Ireland under section 43(8) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless they are regulations to which subsection (9) applies.
(8) The Department of Justice in Northern Ireland may not make regulations to which subsection (9) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(9) This subsection applies to regulations under section 43(8) which contain—
(a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(b) the provision mentioned in section 43(10) (power to modify section 43).
(10) Regulations made under this Act may—
(a) make different provision for different purposes;
(b) include saving, transitional, transitory, supplementary or consequential provision.
(11) This section (apart from subsection (10)) does not apply to regulations under paragraph 5 of Schedule 2.
Explanatory Notes · published by the Government with the Bill
232. This clause amends the MSA 2015 to require a STPO to include a requirement to notify the person specified in the order of the information requested. 233. Subsection (1) sets out that the MSA 2015 is amended, as set out in subsections (2) to (5). 234. Subsection (2) makes amendments to section 19 of the MSA 2015 to substitute the heading to read ‘Notification Requirements’. It also stipulates that an order must require the subject of an order to comply with the notification requirements at section 19 (3-) to (6), by notifying the person specified with the information specified in the order. 235. Subsection (3) amends section 21 of the MSA 2015 so that the notification requirements also apply to interim STPOs. 236. Subsection (4) adds the meaning of “prescribed” to section 34(1), which defines key terms and expressions used in STPOs and STROs. 237. Subsection (5) adds the regulations for the notification requirements under section 19(6A) to section 58(4) of the MSA 2015 (regulations), which deals with regulation-making powers under the MSA 2015 and how they are exercised by statutory instrument and the parliamentary procedures required. 238. Subsection (6) provides that the amendment provided in subsection (2)(b) which stipulates that a subject of an order must comply with the notification requirements set out in a STPO does not apply to orders made prior to the section coming into force.
29

29 — Notification requirements in slavery and trafficking risk orders

amends
(1)The Modern Slavery Act 2015 is amended as set out in subsections (2) to (4).
(2)In section 26 (requirement to provide name and address)—
(a)for the heading substitute “Notification requirements”;
(b)in subsection (1), for “may” substitute “must”;
(c)after subsection (1) insert—;
(1A)A slavery and trafficking risk order may require the defendant to comply with subsection (6A).
(d)in subsection (3), omit “requiring the defendant to comply with subsections (3) to (6)”;
(e)after subsection (6) insert—
(6A)Where a slavery and trafficking risk order requires the defendant to comply with this subsection, the defendant must, before the end of the prescribed period and in the way specified in the order, notify the person specified in the order of the prescribed information.
(3)In section 28 (interim slavery and trafficking risk orders), for subsection (6) substitute—
(6)Section 26 (notification requirements) applies in relation to an interim slavery and trafficking risk order as it applies in relation to a slavery and trafficking risk order, but as if subsections (2), (7) and (8) were omitted.
(4)In section 58(4) (regulations subject to the affirmative procedure), after paragraph (aa) (inserted by section 28) insert—.
(ab)regulations under section 26(6A) (notification requirements for slavery and trafficking risk orders);
(5)The amendment made by subsection (2)(b) does not affect an order made before the day on which this section comes fully into force.
Amends Modern Slavery Act 2015, section 26 — Requirement to provide name and address
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 26 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 26
Requirement to provide name and address Notification requirements
(1) A slavery and trafficking risk order maymust (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6).
(1A) A slavery and trafficking risk order may require the defendant to comply with subsection (6A).
(2) It may do so only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.
(3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking risk order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters.
(4) The relevant matters are—
(a) the defendant's name and, where the defendant uses one or more other names, each of those names, and
(b) the defendant's home address.
(5) If while the defendant is subject to the order the defendant—
(a) uses a name which has not been notified under the order, or
(b) changes home address,
the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address.
(6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address.
(6A) Where a slavery and trafficking risk order requires the defendant to comply with this subsection, the defendant must, before the end of the prescribed period and in the way specified in the order, notify the person specified in the order of the prescribed information.
(7) Where the order requires the defendant to notify the Director General of the National Crime Agency, an immigration officer or the Secretary of State, the Director General, the officer or the Secretary of State must give details of any notification to the chief officer of police for each relevant police area.
(8) “Relevant police area” means—
(a) where the defendant notifies a new name, the police area where the defendant lives;
(b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.
Amends Modern Slavery Act 2015, section 28 — Interim slavery and trafficking risk orders
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 25, clause 32 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 28
(1) This section applies where an application for a slavery and trafficking risk order (“the main application”) has not been determined.
(2) An application for an interim slavery and trafficking risk order—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3) The court may, if it considers it just to do so, make an interim slavery and trafficking risk order.
(4) An interim slavery and trafficking risk order is an order which prohibits the defendant from doing anything described in the order.
(5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.
(6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 26. If it does, those subsections apply as if references to a slavery and trafficking risk order were to an interim slavery and trafficking risk order.
(6) Section 26 (notification requirements) applies in relation to an interim slavery and trafficking risk order as it applies in relation to a slavery and trafficking risk order, but as if subsections (2), (7) and (8) were omitted.
(7) The order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking risk order for the order to be varied, renewed or discharged.
Amends Modern Slavery Act 2015, section 58 — Regulations
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 28, clause 33, clause 40, clause 44, clause 46, clause 47, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 58

Shown with the related paragraph(s) inserted by clause 28 already in place; only this clause’s change is highlighted.

(1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—
(a) it contains only regulations under section 61 (commencement), or
(b) it contains regulations to which subsection (4) applies.
(3) A statutory instrument containing regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) This section applies to—
(a) regulations under section 14(4) (power to amend Schedule 1);
(aa) regulations under section 19(6A) (notification requirements for slavery and trafficking prevention orders);
(ab) regulations under section 26(6A) (notification requirements for slavery and trafficking risk orders);
(b) regulations under section 31(1) (power to amend section 30);
(c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist;
(d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43);
(e) regulations under section 45(8) (power to amend Schedule 4);
(f) regulations under section 48(6) (independent child trafficking advocates);
(g) regulations under section 50 (identifying and supporting victims);
(h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist;
(i) regulations under section 54(2) (minimum turnover for application of section 54);
(j) the first regulations under section 54(3) (definition of turnover for purposes of section 54);
(ja) ................................
(k) regulations under section 57(2) (consequential provision) which amend, or repeal any provision of, an Act.
(5) Regulations made by the Scottish Ministers under section 43(7)—
(a) are subject to the affirmative procedure if they contain—
(i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(ii) the provision mentioned in section 43(10) (power to modify section 43);
(b) otherwise, are subject to the negative procedure.
(6) The power of the Department of Justice in Northern Ireland to make regulations under section 43(8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations made by the Department of Justice in Northern Ireland under section 43(8) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless they are regulations to which subsection (9) applies.
(8) The Department of Justice in Northern Ireland may not make regulations to which subsection (9) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(9) This subsection applies to regulations under section 43(8) which contain—
(a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(b) the provision mentioned in section 43(10) (power to modify section 43).
(10) Regulations made under this Act may—
(a) make different provision for different purposes;
(b) include saving, transitional, transitory, supplementary or consequential provision.
(11) This section (apart from subsection (10)) does not apply to regulations under paragraph 5 of Schedule 2.
Explanatory Notes · published by the Government with the Bill
239. This clause amends the MSA 2015 to require the subject of an STRO to include a requirement to notify the person specified in the order of the information requested. 240. Subsection (1) sets out that the MSA 2015 is amended, as set out in subsections (2)-(4). 241. Subsection (2) makes amendments to section 26 of the MSA 2015 to substitute the heading to read ‘Notification Requirements’. It also stipulates that the subject of the order must comply with the notification requirements set out in an STRO, by notifying the person specified with the information specified in the order. 242. Subsection (3) amends section 28 of the MSA 2015 so that the notification requirements also apply to interim STROs. 243. Subsection (4) adds the regulations for the notification requirements under section 26(6A) to section 58(4) of the MSA 2015 (regulations), which deals with regulation making powers under the MSA 2015 and how they are exercised by statutory instrument and the parliamentary procedure required. 244. Subsection (5) provides that the amendment provided in subsection (2)(b), which stipulates that a subject of an order must comply with the notification requirements set out in a STRO, does not apply to orders made prior to the section coming into force.
30

30 — Slavery and trafficking prevention orders: adjournment of proceedings

amends

In section 14 of the Modern Slavery Act 2015 (slavery and trafficking prevention orders on sentencing), after subsection (2) insert—

(2A)The court may adjourn any proceedings relating to the making of a slavery and trafficking prevention order.
(2B)If the defendant does not appear for any adjourned proceedings the court may—
(a)further adjourn the proceedings,
(b)issue a warrant for the defendant’s arrest, or
(c)hear the proceedings in the defendant’s absence.
(2C)The court may not act under subsection (2B)(b) unless it is satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.
(2D)The court may not act under subsection (2B)(c) unless it is satisfied that the defendant—
(a)has had adequate notice of the time and place of the adjourned proceedings, and
(b)has been informed that if the defendant does not appear for those proceedings the court may hear the proceedings in the defendant’s absence.
Amends Modern Slavery Act 2015, section 14 — Slavery and trafficking prevention orders on sentencing
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Modern Slavery Act 2015 — section 14
(1) A court may make a slavery and trafficking prevention order against a person (“the defendant”) where it deals with the defendant in respect of—
(a) a conviction for a slavery or human trafficking offence,
(b) a finding that the defendant is not guilty of a slavery or human trafficking offence by reason of insanity, or
(c) a finding that the defendant is under a disability and has done the act charged against the defendant in respect of a slavery or human trafficking offence.
(2) The court may make the order only if it is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(2A) The court may adjourn any proceedings relating to the making of a slavery and trafficking prevention order.
(2B) If the defendant does not appear for any adjourned proceedings the court may—
(a) further adjourn the proceedings,
(b) issue a warrant for the defendant’s arrest, or
(c) hear the proceedings in the defendant’s absence.
(2C) The court may not act under subsection (2B)(b) unless it is satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.
(2D) The court may not act under subsection (2B)(c) unless it is satisfied that the defendant—
(a) has had adequate notice of the time and place of the adjourned proceedings, and
(b) has been informed that if the defendant does not appear for those proceedings the court may hear the proceedings in the defendant’s absence.
(3) A “slavery or human trafficking offence” means an offence listed in Schedule 1.
(4) The Secretary of State may by regulations amend Schedule 1.
(5) For the purposes of this section, convictions and findings include those taking place before this section comes into force.
Explanatory Notes · published by the Government with the Bill
245. This clause amends section 14 of the MSA 2015 to include provisions to allow the court to adjourn proceedings relating to the making of an STPO and the circumstances in which these proceedings can operate. 246. Subsection (1) inserts new sections (2A) - (2D) to section 14 of the MSA 2015. Section (2A) adds that the court may adjourn any proceedings relating to the making of a STPO. 247. Section (2B) adds that if the individual does not appear for any adjourned proceedings the court may further adjourn the proceedings, issue a warrant for the defendant's arrest, or hear the proceedings in the defendant's absence. 248. Section (2C) adds that the court may not act under subsection (2B)(b) and issue a warrant for the defendant’s arrest unless satisfied the defendant has had adequate notice of the time and place of the adjourned proceeding. 249. Section (2D) further adds that the court may not proceed in the defendant’s absence (subsection (2B)(c)) unless it is satisfied that the defendant has had adequate notice of time and place of the adjourned proceedings and has been informed that if the defendant does not appear for those proceedings, the court may hear the proceedings in the defendant's absence.
31

31 — Slavery and trafficking prevention orders: electronic monitoring

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)After section 19 insert—
19AElectronic monitoring
(1)A slavery and trafficking prevention order may require the defendant to comply with subsection (3).
(2)It may do so only if—
(a)the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence,
(b)the court—
(i)has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(ii)is satisfied that the necessary provision can be made under the arrangements currently available,
(c)in a case where there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, that person has consented to the requirement being imposed, and
(d)the defendant is present when the requirement is imposed.
(3)Where a slavery and trafficking prevention order requires the defendant to comply with this subsection, the defendant must submit to electronic monitoring of the defendant’s compliance with any prohibitions and requirements imposed by the order.
(4)A slavery and trafficking prevention order that requires the defendant to comply with subsection (3) must specify the person who is to be responsible for the monitoring.
(5)The person specified under subsection (4) must be of a prescribed description.
(6)Where a slavery and trafficking prevention order requires a defendant to comply with subsection (3), the defendant must (among other things)—
(a)submit, as required from time to time by the person specified under subsection (4), to—
(i)being fitted with, or the installation of, any necessary apparatus, and
(ii)the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,
(b)not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring,
(c)take any steps required by the person specified under subsection (4) for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
These obligations have effect as requirements of the order.
(7)A slavery and trafficking prevention order must specify the period for which a requirement to comply with subsection (3) has effect.
(8)But a slavery and trafficking prevention order may not provide for such a requirement to have effect for more than 12 months.
(9)Subsection (8) is subject to any variation or renewal of the order under section 20.
(10)In subsection (2)(b) “the relevant area” means—
(a)the local justice area in which it appears to the court that the defendant lives or will live, and
(b)in a case where it is proposed to include in the order—
(i)a requirement that the defendant must remain, for specified periods, at a specified place, or
(ii)a provision prohibiting the defendant from entering a specified place or area,
the local justice area in which the place or area proposed to be specified is situated.
(11)In subsection (10)(b) “specified” means specified in the order.
(3)In section 21 (interim slavery and trafficking prevention orders), after subsection (6) insert—
(6A)Section 19A (electronic monitoring) applies in relation to an interim slavery and trafficking prevention order as it applies in relation to a slavery and trafficking prevention order, but as if subsections (7) to (9) were omitted.
Inserts a new provision into Modern Slavery Act 2015 — after section 19

The inserted text is set out above. · view Modern Slavery Act 2015 on legislation.gov.uk ↗

Amends Modern Slavery Act 2015, section 21 — Interim slavery and trafficking prevention orders
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 28 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 21
(1) This section applies where an application under section 15 (“the main application”) has not been determined.
(2) An application for an interim slavery and trafficking prevention order—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3) The court may, if it considers it just to do so, make an interim slavery and trafficking prevention order.
(4) An interim slavery and trafficking prevention order is an order which prohibits the defendant from doing anything described in the order.
(5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.
(6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 19. If it does, those subsections apply as if references to a slavery and trafficking prevention order were to an interim slavery and trafficking prevention order.
(6A) Section 19A (electronic monitoring) applies in relation to an interim slavery and trafficking prevention order as it applies in relation to a slavery and trafficking prevention order, but as if subsections (7) to (9) were omitted.
(7) The order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking prevention order for the order to be varied, renewed or discharged.
Explanatory Notes · published by the Government with the Bill
250. This clause inserts new section 19A into the MSA 2015 to provide courts with the express legislative power to impose an electronic monitoring requirement as part of an STPO where the court is satisfied that the requirement is necessary for the purpose of protecting persons from physical or psychological harm. 251. New section 19A(1), (2) and (3) sets out that STPOs can include the requirement for an individual subject to an STPO in England and Wales to submit to electronic monitoring, in order to monitor their compliance with other terms and restrictions of the order, where arrangements for electronic monitoring are available in the relevant area and the court is satisfied that the necessary provision can be made under the arrangements currently available. The requirement may only be imposed if defendant is present. New section 19A(4) and (5) stipulates that a person must be specified as the person responsible for the monitoring and must be of a “prescribed description”, meaning set out in regulations made by the Secretary of State. 252. New section 19A(6)(a) to (c) outline the obligations on the person subject to an electronic monitoring requirement as part of an STPO regarding the fitting installation, inspection, or repair of the device. Someone who is subject to this requirement must: allow any necessary device to be fitted to them or installed; allow the device to be inspected; not interfere with the working of any device necessary for the electronic monitoring (such as tampering or intentionally damaging the device); and take any steps required by the ‘responsible person’ (the service provider) to keep the device in working order. 253. New section 19A(7) and (8) provides that an electronic monitoring requirement cannot be imposed for more than 12 months at a time, subject to applications for variations and amendments. New section 19A(9) allows for the variation or renewal of the order under section 20 of the MSA 2015. 254. New section 19A(10) defines the “relevant area” within England and Wales as the local justice area where the defendant lives or will live, or, when relevant to the order, the local justice area where there is a requirement for the individual subject to the order to remain (for specified periods, at a specified place) or if there is a prohibition preventing the individual from entering a specified place. New section 19A(11) stipulates that “specified” means specified in the STPO. 255. Subsection (3) sets out that section 19A (electronic monitoring) also applies to interim STPOs.
32

32 — Slavery and trafficking risk orders: electronic monitoring

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)After section 26 insert—
26AElectronic monitoring
(1)A slavery and trafficking risk order may require the defendant to comply with subsection (3).
(2)It may do so only if—
(a)the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence,
(b)the court—
(i)has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(ii)is satisfied that the necessary provision can be made under the arrangements currently available,
(c)in a case where there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, that person has consented to the requirement being imposed, and
(d)the defendant is present when the requirement is imposed.
(3)Where a slavery and trafficking risk order requires the defendant to comply with this subsection, the defendant must submit to electronic monitoring of the defendant’s compliance with any prohibitions and requirements imposed by the order.
(4)A slavery and trafficking risk order that requires the defendant to comply with subsection (3) must specify the person who is to be responsible for the monitoring.
(5)The person specified under subsection (4) must be of a prescribed description.
(6)Where a slavery and trafficking risk order requires a defendant to comply with subsection (3), the defendant must (among other things)—
(a)submit, as required from time to time by the person specified under subsection (4), to—
(i)being fitted with, or the installation of, any necessary apparatus, and
(ii)the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,
(b)not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and
(c)take any steps required by the person specified under subsection (4) for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
These obligations have effect as requirements of the order.
(7)A slavery and trafficking risk order must specify the period for which a requirement to comply with subsection (3) has effect.
(8)But a slavery and trafficking risk order may not provide for such a requirement to have effect for more than 12 months.
(9)Subsection (8) is subject to any variation or renewal of the order under section 27.
(10)In subsection (2)(b) “the relevant area” means—
(a)the local justice area in which it appears to the court that the defendant lives or will live, and
(b)in a case where it is proposed to include in the order—
(i)a requirement that the defendant must remain, for specified periods, at a specified place, or
(ii)a provision prohibiting the defendant from entering a specified place or area,
the local justice area in which the place or area proposed to be specified is situated.
(11)In subsection (10)(b) “specified” means specified in the order.
(3)In section 28 (interim slavery and trafficking risk orders), after subsection (6) insert—
(6A)Section 26A (electronic monitoring) applies in relation to an interim slavery and trafficking risk order as it applies in relation to a slavery and trafficking risk order, but as if subsections (7) to (9) were omitted.
Inserts a new provision into Modern Slavery Act 2015 — after section 26

The inserted text is set out above. · view Modern Slavery Act 2015 on legislation.gov.uk ↗

Amends Modern Slavery Act 2015, section 28 — Interim slavery and trafficking risk orders
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 25, clause 29 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 28
(1) This section applies where an application for a slavery and trafficking risk order (“the main application”) has not been determined.
(2) An application for an interim slavery and trafficking risk order—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3) The court may, if it considers it just to do so, make an interim slavery and trafficking risk order.
(4) An interim slavery and trafficking risk order is an order which prohibits the defendant from doing anything described in the order.
(5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.
(6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 26. If it does, those subsections apply as if references to a slavery and trafficking risk order were to an interim slavery and trafficking risk order.
(6A) Section 26A (electronic monitoring) applies in relation to an interim slavery and trafficking risk order as it applies in relation to a slavery and trafficking risk order, but as if subsections (7) to (9) were omitted.
(7) The order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking risk order for the order to be varied, renewed or discharged.
Explanatory Notes · published by the Government with the Bill
256. This clause inserts new section 26A into the MSA 2015 to provide courts with the express legislative power to impose an electronic monitoring requirement as part of an STRO where the court is satisfied that the requirement is necessary for the purpose of protecting persons from physical or psychological harm. 257. New section 26A(1), (2) and (3) sets out that STPOs can include the requirement for an individual subject to an STPO in England and Wales to submit to electronic monitoring, solely in order to monitor their compliance with other terms and restrictions of the order, where arrangements for electronic monitoring are available in the relevant area and the court is satisfied that the necessary provision can be made under the arrangements currently available. The requirement may only be imposed if defendant is present. 258. New section 26A(4) and (5) stipulates the requirement for a person to be specified who will be responsible for the monitoring and must be of a “prescribed description”, meaning set out in regulations made by the Secretary of State. 259. New section 26A(6)(a) to (c) outlines the obligations on the person subject to an electronic monitoring requirement as part of an STRO regarding the fitting installation, inspection, or repair of the device. Someone who is subject to this requirement must: allow any necessary device to be fitted to them or installed; allow the device to be inspected; not interfere with the working of any device necessary for the electronic monitoring (such as tampering or intentionally damaging the device); and take any steps required by the ‘responsible person’ (the service provider) to keep the device in working order. 260. New section 26A(7) and (8) provides that an electronic monitoring requirement cannot be imposed for more than 12 months at a time. New section 26A(9) allows the variation or renewal of the order under section 27 of the MSA 2015. 261. New section 26A(10) defines the “relevant area” within England and Wales as the local justice area where the defendant resides or will reside, or, when relevant to the order, the local justice area where there is a requirement for the individual subject to the order to remain (for specified periods, at a specified place) or if there is a prohibition preventing the individual from entering a specified place. New section 26A(11) stipulates that “specified” means specified in the STRO. 262. Subsection (3) sets out that section 26A (electronic monitoring) also applies to interim STROs.
33

33 — Electronic monitoring: further provisions

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 30(2) (offences), for paragraphs (a) and (b) substitute—
(a)a slavery and trafficking prevention order,
(b)an interim slavery and trafficking prevention order,
(c)a slavery and trafficking risk order, or
(d)an interim slavery and trafficking risk order.
(3)After section 33 insert—
33AData from electronic monitoring: code of practice
(1)The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under any of the following—
(a)a requirement to comply with section 19A(3) imposed by a slavery and trafficking prevention order;
(b)a requirement to comply with section 19A(3) imposed by an interim slavery and trafficking prevention order (in reliance on section 21(6A));
(c)a requirement to comply with section 26A(3) imposed by a slavery and trafficking risk order;
(d)a requirement to comply with section 26A(3) imposed by an interim slavery and trafficking risk order (in reliance on section 28(6A)).
(2)A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
(4)In section 58 (regulations)—
(a)in subsection (2), before paragraph (a) insert—;
(za)it contains only regulations under section 19A(5) or 26A(5) (power to prescribe persons responsible for electronic monitoring of compliance with orders under Part 2),
(b)after subsection (10) insert—
(10A)Regulations under section 19A(5) or 26A(5) may make different provision for different areas.
Inserts a new provision into Modern Slavery Act 2015 — after section 33

The inserted text is set out above. · view Modern Slavery Act 2015 on legislation.gov.uk ↗

Amends Modern Slavery Act 2015, section 30 — Offences
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Modern Slavery Act 2015 — section 30
(1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
(a) a slavery and trafficking prevention order,
(b) an interim slavery and trafficking prevention order,
(c) a slavery and trafficking risk order,
(d) an interim slavery and trafficking risk order,
(e) a slavery and trafficking prevention order under Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)),...
(f) an interim slavery and trafficking prevention order under that Schedule to that Act,
(g) a trafficking and exploitation prevention order under section 17 or 18 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12);
(h) an interim trafficking and exploitation prevention order under section 24 of that Act;
(i) a trafficking and exploitation risk order under section 26 of that Act; or
(j) an interim trafficking and exploitation risk order under section 30 of that Act;
commits an offence.
(2) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under—
(a) section 18(4) or 25(4) (requirement to surrender passports), or
(b) section 19(1), 21(6), 26(1) or 28(6) (requirement to provide name and address).
(a) a slavery and trafficking prevention order,
(b) an interim slavery and trafficking prevention order,
(c) a slavery and trafficking risk order, or
(d) an interim slavery and trafficking risk order.
(3) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years;
(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine or both.
(4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make an order for conditional discharge in respect of the offence.
Amends Modern Slavery Act 2015, section 58 — Regulations
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 28, clause 29, clause 40, clause 44, clause 46, clause 47, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 58
(1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—
(za) it contains only regulations under section 19A(5) or 26A(5) (power to prescribe persons responsible for electronic monitoring of compliance with orders under Part 2),
(a) it contains only regulations under section 61 (commencement), or
(b) it contains regulations to which subsection (4) applies.
(3) A statutory instrument containing regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) This section applies to—
(a) regulations under section 14(4) (power to amend Schedule 1);
(b) regulations under section 31(1) (power to amend section 30);
(c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist;
(d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43);
(e) regulations under section 45(8) (power to amend Schedule 4);
(f) regulations under section 48(6) (independent child trafficking advocates);
(g) regulations under section 50 (identifying and supporting victims);
(h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist;
(i) regulations under section 54(2) (minimum turnover for application of section 54);
(j) the first regulations under section 54(3) (definition of turnover for purposes of section 54);
(ja) ................................
(k) regulations under section 57(2) (consequential provision) which amend, or repeal any provision of, an Act.
(5) Regulations made by the Scottish Ministers under section 43(7)—
(a) are subject to the affirmative procedure if they contain—
(i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(ii) the provision mentioned in section 43(10) (power to modify section 43);
(b) otherwise, are subject to the negative procedure.
(6) The power of the Department of Justice in Northern Ireland to make regulations under section 43(8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations made by the Department of Justice in Northern Ireland under section 43(8) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless they are regulations to which subsection (9) applies.
(8) The Department of Justice in Northern Ireland may not make regulations to which subsection (9) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(9) This subsection applies to regulations under section 43(8) which contain—
(a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(b) the provision mentioned in section 43(10) (power to modify section 43).
(10) Regulations made under this Act may—
(a) make different provision for different purposes;
(b) include saving, transitional, transitory, supplementary or consequential provision.
(10A) Regulations under section 19A(5) or 26A(5) may make different provision for different areas.
(11) This section (apart from subsection (10)) does not apply to regulations under paragraph 5 of Schedule 2.
Explanatory Notes · published by the Government with the Bill
263. Subsection (2) amends the MSA 2015 to simplify the language of the offences (section 30(2) (offences) of the MSA 2015) to stipulate that it is an offence if the individual subject to the order fails to comply with a requirement imposed under an STPO, STRO or the interim orders. 264. Subsection (3) introduces new section 33A “Data from electronic monitoring: code of practice”. This requires the Secretary of State to issue a code of practice which will outline the expectations, safeguards, and broad responsibilities for the collection of data gathered, retention and sharing of information on these orders. New section 33A(2) stipulates that failing to act in accordance with the code of practice does not of itself make a person liable to criminal or civil proceedings. 265. Subsection (4) adds the regulations for the electronic monitoring under section 19A(5) or 26A(5) to section 58(2) of the MSA 2015 (regulations), which deals with regulation-making powers under the MSA 2015 and how they exercised by statutory instrument. It also sets out that the regulations for electronic monitoring may make different provision for different areas.
34

34 — Variation etc of slavery and trafficking prevention and risk orders

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 20 (variation etc of slavery and trafficking prevention orders)—
(a)for subsections (4) and (5) substitute—;
(4)An order may be—
(a)renewed, or
(b)varied so as to—
(i)impose additional prohibitions on the defendant,
(ii)require the defendant to comply with section 19 (6A) (additional notification requirements),
(iii)require the defendant to comply with section 19A(3) (electronic monitoring), or
(iv)in the case of an order made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, require the defendant to comply with section 19(3) to (6) (core notification requirements),
only if the condition in subsection (5) is met.
(5)The condition is that the court is satisfied that—
(a)there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b)it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5A)Any renewed or varied order—
(a)may contain only those prohibitions which the court is satisfied are necessary for that purpose,
(b)may require the defendant to comply with section 19 (6A) only if the court is satisfied that the requirement is necessary for that purpose, and
(c)may require the defendant to comply with section 19A(3) only if—
(i)the court is satisfied that the requirement is necessary for that purpose,
(ii)the condition in subsection (5B) is met,
(iii)if there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, that person has consented to the requirement being imposed, and
(iv)the defendant is present when the requirement is imposed.
(5B)The condition is that the court—
(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(b)is satisfied that the necessary provision can be made under the arrangements currently available.
In this subsection “the relevant area” has the meaning given by section 19A(10).
(5C)Where—
(a)a slavery and trafficking prevention order was made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, and
(b)the order is varied on or after that day,
the varied order may require the defendant to comply with section 19(3) to (6) only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.
(5D)But where—
(a)a slavery and trafficking prevention order was made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, and
(b)the order is renewed on or after that day,
the renewed order must require the defendant to comply with section 19(3) to (6).
(b)after subsection (7) insert—
(7A)An order under this section varying or renewing a slavery and trafficking prevention order may not extend the period for which a requirement to comply with section 19A(3) (electronic monitoring) has effect by more than 12 months at a time.
(3)In section 27 (variation etc of slavery and trafficking risk orders)—
(a)for subsections (4) and (5) substitute—;
(4)An order may be—
(a)renewed, or
(b)varied so as to—
(i)impose additional prohibitions on the defendant,
(ii)require the defendant to comply with section 26 (6A) (additional notification requirements),
(iii)require the defendant to comply with section 26A(3) (electronic monitoring), or
(iv)in the case of an order made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, require the defendant to comply with section 26(3) to (6) (core notification requirements),
only if the condition in subsection (5) is met.
(5)The condition is that the court is satisfied that—
(a)there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b)it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5A)Any renewed or varied order—
(a)may contain only those prohibitions which the court is satisfied are necessary for that purpose,
(b)may require the defendant to comply with section 26 (6A) only if the court is satisfied that the requirement is necessary for that purpose, and
(c)may require the defendant to comply with section 26A(3) only if—
(i)the court is satisfied that the requirement is necessary for that purpose,
(ii)the condition in subsection (5B) is met,
(iii)if there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, that person has consented to the requirement being imposed, and
(iv)the defendant is present when the requirement is imposed.
(5B)The condition is that the court—
(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(b)is satisfied that the necessary provision can be made under the arrangements currently available.
In this subsection “the relevant area” has the meaning given by section 26A(10).
(5C)Where—
(a)a slavery and trafficking risk order was made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, and
(b)the order is varied on or after that day,
the varied order may require the defendant to comply with section 26(3) to (6) only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.
(5D)But where—
(a)a slavery and trafficking risk order was made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, and
(b)the order is renewed on or after that day,
the renewed order must require the defendant to comply with section 26(3) to (6).
(b)after subsection (7) insert—
(7A)An order under this section varying or renewing a slavery and trafficking risk order may not extend the period for which a requirement to comply with section 26A(3) (electronic monitoring) has effect by more than 12 months at a time.
Amends Modern Slavery Act 2015, section 20 — Variation, renewal and discharge
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 26, clause 27 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 20
(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a slavery and trafficking prevention order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant lives;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d) where the order was made on an application under section 15 by a chief officer of police, that officer;
(e) where the order was made on an application under section 15 by an immigration officer, an immigration officer;
(f) where the order was made on an application under section 15 by the Director General of the National Crime Agency (“the Director General”), the Director General;
(g) where the order was made on an application under section 15 by the Secretary of State, the Secretary of State.
(3) On the application the court, after hearing—
(a) the person making the application, and
(b) the other persons mentioned in subsection (2) (if they wish to be heard),
may make any order varying, renewing or discharging the slavery and trafficking prevention order that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 19(3) to (6), only if the court is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5) Any renewed or varied order—
(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose,
(b) may require the defendant to comply with section 19(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose.
(4) An order may be—
(a) renewed, or
(b) varied so as to—
(i) impose additional prohibitions on the defendant,
(ii) require the defendant to comply with section 19(6A) (additional notification requirements),
(iii) require the defendant to comply with section 19A(3) (electronic monitoring), or
(iv) in the case of an order made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, require the defendant to comply with section 19(3) to (6) (core notification requirements),
only if the condition in subsection (5) is met.
(5) The condition is that the court is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5A) Any renewed or varied order—
(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose,
(b) may require the defendant to comply with section 19(6A) only if the court is satisfied that the requirement is necessary for that purpose, and
(c) may require the defendant to comply with section 19A(3) only if—
(i) the court is satisfied that the requirement is necessary for that purpose,
(ii) the condition in subsection (5B) is met,
(iii) if there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, that person has consented to the requirement being imposed, and
(iv) the defendant is present when the requirement is imposed.
(5B) The condition is that the court—
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(b) is satisfied that the necessary provision can be made under the arrangements currently available.
In this subsection “the relevant area” has the meaning given by section 19A(10).
(5C) Where—
(a) a slavery and trafficking prevention order was made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, and
(b) the order is varied on or after that day,
the varied order may require the defendant to comply with section 19(3) to (6) only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.
(5D) But where—
(a) a slavery and trafficking prevention order was made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, and
(b) the order is renewed on or after that day,
the renewed order must require the defendant to comply with section 19(3) to (6).
(6) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of—
(a) the defendant and the chief officer of police for the area in which the defendant lives, or
(b) where the application is made by a chief officer of police, the defendant and that chief officer.
(7) Subsection (6) does not apply to an order containing a prohibition on foreign travel and no other prohibitions.
(7A) An order under this section varying or renewing a slavery and trafficking prevention order may not extend the period for which a requirement to comply with section 19A(3) (electronic monitoring) has effect by more than 12 months at a time.
(8) An application under this section may be made—
(a) where the appropriate court is the Crown Court, in accordance with rules of court;
(b) in any other case, by complaint.
(9) Where an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State must give notice of the application to the chief officer of police for—
(a) the police area where the defendant lives, or
(b) a police area which the immigration officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(10) In this section “the appropriate court” means—
(a) where the Crown Court or the Court of Appeal made the slavery and trafficking prevention order, the Crown Court;
(b) where an adult magistrates' court made the order—
(i) that court,
(ii) an adult magistrates' court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(c) where a youth court made the order and the defendant is under 18—
(i) that court,
(ii) a youth court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(d) where a youth court made the order and the defendant is 18 or over—
(i) an adult magistrates' court for the area in which the defendant lives, or
(ii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
Amends Modern Slavery Act 2015, section 27 — Variation, renewal and discharge
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 25, clause 26, clause 27 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 27
(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a slavery and trafficking risk order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant lives;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d) where the order was made on an application by a chief officer of police, that officer;
(e) where the order was made on an application by an immigration officer, an immigration officer;
(f) where the order was made on an application by the Director General of the National Crime Agency (“the Director General”), the Director General;
(g) where the order was made on an application by the Secretary of State, the Secretary of State.
(3) On the application the court, after hearing—
(a) the person making the application, and
(b) the other persons mentioned in subsection (2) (if they wish to be heard),
may make any order varying, renewing or discharging the slavery and trafficking risk order that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 26(3) to (6), only if the court is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5) Any renewed or varied order—
(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose;
(b) may require the defendant to comply with section 26(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose.
(4) An order may be—
(a) renewed, or
(b) varied so as to—
(i) impose additional prohibitions on the defendant,
(ii) require the defendant to comply with section 26(6A) (additional notification requirements),
(iii) require the defendant to comply with section 26A(3) (electronic monitoring), or
(iv) in the case of an order made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, require the defendant to comply with section 26(3) to (6) (core notification requirements),
only if the condition in subsection (5) is met.
(5) The condition is that the court is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(5A) Any renewed or varied order—
(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose,
(b) may require the defendant to comply with section 26(6A) only if the court is satisfied that the requirement is necessary for that purpose, and
(c) may require the defendant to comply with section 26A(3) only if—
(i) the court is satisfied that the requirement is necessary for that purpose,
(ii) the condition in subsection (5B) is met,
(iii) if there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, that person has consented to the requirement being imposed, and
(iv) the defendant is present when the requirement is imposed.
(5B) The condition is that the court—
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(b) is satisfied that the necessary provision can be made under the arrangements currently available.
In this subsection “the relevant area” has the meaning given by section 26A(10).
(5C) Where—
(a) a slavery and trafficking risk order was made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, and
(b) the order is varied on or after that day,
the varied order may require the defendant to comply with section 26(3) to (6) only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.
(5D) But where—
(a) a slavery and trafficking risk order was made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, and
(b) the order is renewed on or after that day,
the renewed order must require the defendant to comply with section 26(3) to (6).
(6) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of—
(a) the defendant and the chief officer of police for the area in which the defendant lives, or
(b) where the application is made by a chief officer of police, the defendant and that chief officer.
(7) Where an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State must give notice of the application to the chief officer of police for—
(a) the police area where the defendant lives, or
(b) a police area which the immigration officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(7A) An order under this section varying or renewing a slavery and trafficking risk order may not extend the period for which a requirement to comply with section 26A(3) (electronic monitoring) has effect by more than 12 months at a time.
(8) In this section “the appropriate court” means—
(a) where an adult magistrates' court made the slavery and trafficking risk order—
(i) that court,
(ii) any adult magistrates' court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(b) where a youth court made the order and the defendant is under 18—
(i) that court,
(ii) a youth court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(c) where a youth court made the order and the defendant is 18 or over—
(i) an adult magistrates' court for the area in which the defendant lives, or
(ii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
Explanatory Notes · published by the Government with the Bill
266. Subsection (1) allows for the sections in the MSA 2015 on variation and renewal of STPOs (section 20) and STROs (section 27) to be amended to support and align with the introduction of electronic monitoring and notification requirements. 267. Subsection (2) adds the additional notification requirements and electronic monitoring to section 20 (variation etc. of slavery and trafficking prevention orders) of the MSA 2015, so when an STPO is renewed or varied the new measures introduced in this Bill can be applied (sections 19(6A), 19A(3) and 19(3) to(6)). The subsection stipulates that they can be applied where the court is satisfied that the requirement is necessary for the purpose of protecting persons from physical or psychological harm. The court must also be satisfied that arrangements for electronic monitoring are available in the relevant area and that the necessary provision can be made under the arrangements currently available. It also sets out that in the case of an order made before the day the measures came into force, and the order is varied on or after the day the measures come in to force the individual subject to an STPO may be required to follow the notification requirements in section 19(3) to (6). Where the order is renewed, it must provide for those notification requirements to be imposed. 268. Subsection (3) adds the additional notification requirements and electronic monitoring to section 27 (variation etc. of slavery and trafficking risk orders) of the MSA 2015, so when an STRO is renewed or varied these new measures introduced in this Bill can be applied (sections 26(6A), 26A(3) and 26(3) to (6)). The subsection stipulates that they can be applied where the court is satisfied that the requirement is necessary for the purpose of protecting persons from physical or psychological harm. The court must also be satisfied that arrangements for electronic monitoring are available in the relevant area and that the necessary provision can be made under the arrangements currently available. It also sets out that in the case of an order was made the day before the measures came into force, the individual subject to an STRO will need to follow the notification requirements.
35

35 — Authority responsible for deciding if a person is a victim etc

amends
(1)After section 65 of the Nationality and Borders Act 2022 insert—
65AMeaning of “competent authority” In this Part “competent authority”, in relation to a decision in respect of a person, means—
(a)in a case where the person is aged 18 or over on the day of the decision, the Secretary of State, and
(b)in a case where the person is under the age of 18 on the day of the decision—
(i)the Secretary of State, or
(ii)such other public authority as the Secretary of State nominates to be the competent authority in respect of that decision.
(2)Schedule 4 contains further amendments that—
(a)are consequential on subsection (1), or
(b)otherwise relate to decisions as to whether a person is a victim of slavery or human trafficking.
Inserts a new provision into Nationality and Borders Act 2022 — after section 65

The inserted text is set out above. · view Nationality and Borders Act 2022 on legislation.gov.uk ↗

Explanatory Notes · published by the Government with the Bill
269. Subsection (1) inserts new section 65A into the Nationality and Borders Act 2022 to provide a definition of ‘competent authority’ for the purposes of Part 5 NABA. New section 65A(a) confirms that insofar as decisions relate to people over 18 on the day the decision is made, the ’competent authority’ will be the Secretary of State. Under new section 65A(b), the Secretary of State will also be a competent authority with regard to decisions relating to children, but this subsection also creates a power for the Secretary of State in such cases to nominate a public authority to be the competent authority on a case-by-case basis. This change will allow nominated public authorities to make reasonable and conclusive grounds decisions in relation to children. This approach to decision-making has been tested through a successful pilot. 270. Subsection (2) introduces Schedule 4 which amends the Nationality and Borders Act 2022 and MSA 2015 to make additional provision in relation to decisions as to whether a person is a victim of slavery or human trafficking. It also makes consequential amendments required as a result of the changes to the definition of ‘competent authority’ in subsection 65A(1).
36

36 — Deciding if a person is a victim: credibility

amends 1 amendment
(1)Part 5 of the Nationality and Borders Act 2022 (modern slavery) is amended as follows.
(2)After section 60 insert—
60ADeciding if a person is a victim: credibility
(1)Subsection (2) applies where a competent authority is making a reasonable grounds decision or a conclusive grounds decision in relation to a person.
(2)In determining whether to believe a statement made by or on behalf of the person, the competent authority must take account, as damaging the person’s credibility, of—
(a)any delay by the person in making a claim to be a victim of slavery or human trafficking,
(b)any delay by the person in providing the competent authority with any relevant status information,
(c)any material inaccuracy, inconsistency or omission in relevant status information provided by the person to the competent authority,
(d)any material inconsistency between relevant status information provided by the person to the competent authority and any information provided by the person in connection with—
(i)any protection claim or human rights claim made by the person, or
(ii)any civil or criminal proceedings to which the person is a party, and
(e)any striking similarity between the relevant status information provided by the person to the competent authority and any information provided by another person in connection with—
(i)a claim to be a victim of slavery or human trafficking made by that other person,
(ii)a protection claim or human rights claim made by that other person,
(iii)any civil or criminal proceedings to which that other person is a party.
(3)But subsection (2) does not apply if the competent authority is satisfied that there are good reasons for the delay, inaccuracy, inconsistency, omission or similarity.
(4)In deciding whether there are good reasons, the competent authority must have regard to any guidance issued by the Secretary of State.
(5)The provision of relevant status information in response to a claim notice, after the claim notice deadline, is to be treated as a delay for the purposes of subsection (2)(a) or (b).
(6)For the purposes of subsection (2)(a) a person makes a claim to be a victim of slavery or human trafficking if they make a disclosure of information that tends to suggest they may be a victim.
(7)In this section— “claim notice” means a notice under section 11 of the Immigration and Asylum Act 2026; “claim notice deadline” has the meaning given in section 11(3) of the Immigration and Asylum Act 2026; “human rights claim” and “protection claim” have the same meanings as in Part 2; “relevant status information”, in relation to a person, means information that may be relevant for the purpose of making a reasonable grounds decision or a conclusive grounds decision in relation to the person.
(3)Omit sections 58 and 59 (slavery or trafficking information notices).
Inserts a new provision into Nationality and Borders Act 2022 — after section 60

The inserted text is set out above. · view Nationality and Borders Act 2022 on legislation.gov.uk ↗

Amends Nationality and Borders Act 2022, section 58 — Provision of information relating to being a victim of slavery or human trafficking
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 58

Section 58 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) The Secretary of State may serve a slavery or trafficking information notice on a person who has made a protection claim or a human rights claim.
(2) A “slavery or trafficking information notice” is a notice requiring the recipient to provide the Secretary of State (and any other competent authority specified in the notice), before the specified date, with any relevant status information the recipient has.
(3) “Relevant status information” is information that may be relevant for the purpose of making a reasonable grounds decision or a conclusive grounds decision in relation to the recipient.
(4) Subsection (5) applies if the recipient of a slavery or trafficking information notice provides the Secretary of State or competent authority with relevant status information on or after the specified date.
(5) The recipient must also provide a statement setting out their reasons for not providing the relevant status information before the specified date (and see section 59).
(6) In this section—
“protection claim” and “human rights claim” have the same meanings as in Part 2;
“specified date” means the date specified in the slavery or trafficking information notice.
Amends Nationality and Borders Act 2022, section 59 — Late compliance with slavery or trafficking information notice: damage to credibility
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 59

Section 59 of Nationality and Borders Act 2022 is not yet in force — it has never been brought into force; this Bill repeals it before it ever comes into force (shown struck through, lightened).

(1) This section applies where—
(a) a person aged 18 or over has been served with a slavery or trafficking information notice under section 58,
(b) the person provided relevant status information late, and
(c) a competent authority is making a reasonable grounds decision or a conclusive grounds decision in relation to the person.
(2) In determining whether to believe a statement made by or on behalf of the person, the competent authority must take account, as damaging the person’s credibility, of the late provision of the relevant status information, unless there are good reasons why the information was provided late.
(3) For the purposes of this section, relevant status information is provided “late” by the person if it is provided on or after the date specified in the slavery or trafficking information notice.
(4) In this section, “relevant status information” has the same meaning as in section 58 (see subsection (3) of that section).
Explanatory Notes · published by the Government with the Bill
278. The clause amends Part 5 of the Nationality and Borders Act 2022 to insert a new section 60A. This sets out the factors which a competent authority (decision-maker) must take into account when determining whether an individual is a potential victim or a victim of modern slavery (i.e. when making a reasonable grounds of conclusive grounds decision (as defined in section 69 of the Nationality and Borders Act 2022)). 279. Subsection (1) of section 60A sets out that the provisions in subsection (2) will apply whenever a competent authority is making a reasonable grounds or conclusive grounds decision. 280. Subsection (2) of section 60A sets out a list of factors that, in assessing whether to believe an account put forward by or on behalf of a person, a competent authority must take into account as damaging a person’s credibility, as follows: a) any delay in the person making a claim that they are a victim of modern slavery (subsection (2)(a)); b) any delay in the person providing ‘relevant status information’ (i.e. information relevant to a reasonable grounds or conclusive grounds decision) to the competent authority (subsection (2)(b)); c) any material inaccuracy, inconsistency or omission in the information provided by the person, to the competent authority (subsection (2)(c)); d) any material inconsistency between the information provided by the person by the individual to the competent authority and any information they have provided in connection with a protection or human rights claim they have made, or any civil or criminal proceedings where they are a party (subsection (2)(d)); and e) any striking similarity between the information provided by the person to the competent authority and information that has been provided by another person in connection with a claim they have made to be a victim of modern slavery or trafficking, a protection or human rights claim they have made; or any civil or criminal proceedings in which they are a party (subsection (2)(e)). The term ‘striking similarity’ is intended to capture both very similar and identical accounts. 281. Subsection (3) of section 60A sets out that subsection (2) will not apply in a given case (i.e. there will be no adverse impact on credibility) where the competent authority is satisfied that there are good reasons for the factor(s) listed in (a). to (e). above arising. 282. Subsection (4) of section 60A requires the competent authority to have regard to any guidance issued by the Secretary of State in deciding whether there are good reasons for the purposes of subsection (3) above. 283. Subsection (5) of section 60A makes clear the link between clause 36 and claims notices under clause 11, setting out that where a person has been served a claim notice under clause 11 and provides relevant status information after the deadline set out in the notice, this is to be treated as a delay for the purposes of subsection (2)(a) or (b), and therefore will have an adverse impact on the person’s credibility, unless there are good reasons provided for the lateness. 284. For the purposes of subsection (2)(a) above (i.e. relating to delay in making a claim), subsection (6) defines ‘making a claim to be a victim of slavery or human trafficking’ if they make a disclosure of information that tends to suggest they may be a victim. 285. Subsection (7) of section 60A defines several terms for the purposes of section 60A. It defines “claim notice” as a notice issued under clause 11; “claim notice deadline” as having the meaning given in clause 11(3); “human rights claim” and “protection claim” as having the same meanings as set out in Part 2 of the Nationality and Borders Act 2022; and “relevant status information” in relation to a person as information provided by a person that may be relevant for the purpose of making a reasonable grounds decision or a conclusive grounds decision in relation to them. 286. Subsection (3) of clause 36 repeals sections 58 and 59 (slavery or trafficking information notices) from Part 5 of the Nationality and Borders Act 2022. These are uncommenced provisions and will be replaced by the provisions in clause 11 of this Bill.
Amendments tabled 1 · 1 would remove the whole clause

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 57
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 37, line 24, leave out Clause 36

No explanatory statement was published with this amendment.

37

37 — Recovery period to end on making of negative conclusive grounds decision

amends 1 amendment
(1)Part 5 of the Nationality and Borders Act 2022 (modern slavery) is amended as set out in subsections (2) to (4).
(2)In section 61 (identified potential victims of slavery or human trafficking: recovery period)—
(a)in subsection (3), for the words from “period—” to the end substitute “period of 30 days beginning with the day on which the positive reasonable grounds decision is made, subject to subsections (4) and (5).”;
(b)after subsection (3) insert—
(4)If during the period of 30 days mentioned in subsection (3) a negative conclusive grounds decision is made in relation to the identified potential victim, the recovery period ends with the day on which that decision is made.
(5)If at the end of the period of 30 days mentioned in subsection (3) a conclusive grounds decision has not been made in relation to the identified potential victim, the recovery period ends with the day on which such a decision is made.
(3)In section 62 (no entitlement to additional recovery period etc)—
(a)in subsection (2), for “period—” to the end of paragraph (b) substitute “further recovery period.”;
(b)after subsection (2) insert—
(3)The “further recovery period” means the period of 30 days beginning with the day on which the further RG decision is made, subject to subsections (4) and (5).
(4)If during the period of 30 days mentioned in subsection (3) a negative conclusive grounds decision is made in relation to the further RG decision, the further recovery period ends with the day on which that decision is made.
(5)If at the end of the period of 30 days mentioned in subsection (3) a conclusive grounds decision has not been made in relation to the further RG decision, the further recovery period ends with the day on which such a decision is made.
(4)In section 69(1) (interpretation of Part 5), after the definition of “conclusive grounds decision” insert—.
“negative conclusive grounds decision” means a decision by a competent authority that a person is not a victim of slavery or human trafficking;
(5)In section 50A of the Modern Slavery Act 2015 (identified potential victims etc: assistance and support)—
(a)in subsection (4), for the words from “period—” to the end substitute “further recovery period.”;
(b)in subsection (7), after the definition of “conclusive grounds decision” insert—.
“further recovery period” has the same meaning as in section 62 of that Act;
Amends Nationality and Borders Act 2022, section 61 — Identified potential victims of slavery or human trafficking: recovery period
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 38 — only this clause’s changes are highlighted here.
Nationality and Borders Act 2022 — section 61
(1) This section applies to a person (an “identified potential victim”) if—
(a) a decision is made by a competent authority that there are reasonable grounds to believe that the person is a victim of slavery or human trafficking (a “positive reasonable grounds decision”), and
(b) that decision is not a further RG decision (as to which, see section 62).
(2) Subject to section 63(2), the identified potential victim may not be removed from, or required to leave, the United Kingdom during the recovery period.
(3) The “recovery period”, in relation to an identified potential victim, is the period—period of 30 days beginning with the day on which the positive reasonable grounds decision is made, subject to subsections (4) and (5).
(a) beginning with the day on which the positive reasonable grounds decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the identified potential victim;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
(4) If during the period of 30 days mentioned in subsection (3) a negative conclusive grounds decision is made in relation to the identified potential victim, the recovery period ends with the day on which that decision is made.
(5) If at the end of the period of 30 days mentioned in subsection (3) a conclusive grounds decision has not been made in relation to the identified potential victim, the recovery period ends with the day on which such a decision is made.
Amends Nationality and Borders Act 2022, section 62 — No entitlement to additional recovery period etc
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 38, Schedule 4, para 2 — only this clause’s changes are highlighted here.
Nationality and Borders Act 2022 — section 62
(1) This section applies where—
(a) a competent authority has previously made a positive reasonable grounds decision in relation to a person (the “first RG decision”), and
(b) a further positive reasonable grounds decision is made in relation to the person, in a case where the reasonable grounds for believing that the person is a victim of slavery or human trafficking arise from things done wholly before the first RG decision was made (the “further RG decision”).
(2) If the competent authority considers it appropriate in the circumstances of a particular case, the authority may determine that the person may not be removed from, or required to leave, the United Kingdom during the period—further recovery period.
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
This is subject to section 63(2).
(3) The “further recovery period” means the period of 30 days beginning with the day on which the further RG decision is made, subject to subsections (4) and (5).
(4) If during the period of 30 days mentioned in subsection (3) a negative conclusive grounds decision is made in relation to the further RG decision, the further recovery period ends with the day on which that decision is made.
(5) If at the end of the period of 30 days mentioned in subsection (3) a conclusive grounds decision has not been made in relation to the further RG decision, the further recovery period ends with the day on which such a decision is made.
Amends Nationality and Borders Act 2022, section 69 — Part 5: interpretation
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 4, para 5 — only this clause’s changes are highlighted here.
Nationality and Borders Act 2022 — section 69
(1) In this Part—
“competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Trafficking Convention;
“conclusive grounds decision” means a decision by a competent authority as to whether a person is a victim of slavery or human trafficking;
“negative conclusive grounds decision” means a decision by a competent authority that a person is not a victim of slavery or human trafficking;
“positive reasonable grounds decision” has the meaning given by section 61(1);
“reasonable grounds decision” means a decision by a competent authority as to whether there are reasonable grounds to believe that a person is a victim of slavery or human trafficking;
the “Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);
“victim of slavery” and “victim of human trafficking” have the meanings given in regulations made by the Secretary of State.
(2) Regulations under subsection (1) are subject to affirmative resolution procedure.
Amends Modern Slavery Act 2015, section 50A — Identified potential victims etc: assistance and support
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 38, clause 43 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 50A
(1) The Secretary of State must secure that any necessary assistance and support is available to an identified potential victim (within the meaning given by section 61 of the Nationality and Borders Act 2022 (the “2022 Act”)) during the recovery period.
(2) For the purposes of this section, assistance and support is “necessary” if the Secretary of State considers that it is necessary for the purpose of assisting the person receiving it in their recovery from any physical, psychological or social harm arising from the conduct which resulted in the positive reasonable grounds decision in question.
(3) Subsection (4) applies where a further RG decision, within the meaning given by section 62 of the 2022 Act, is made in relation to a person.
(4) If the Secretary of State determines that it is appropriate to do so, the Secretary of State must secure that any necessary assistance and support is available to the person during the period—further recovery period.
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
(5) Any duty under subsection (1) or (4) ceases to apply in relation to a person in respect of whom a determination is made under section 63(2) of the 2022 Act (disqualification from protection).
(6) In this section, a reference to assistance and support is to assistance and support provided in accordance with—
(a) arrangements referred to in section 49(1)(b), or
(b) regulations made under section 50.
(7) In this section—
“conclusive grounds decision” has the same meaning as in Part 5 of the 2022 Act (see section 69 of that Act);
“further recovery period” has the same meaning as in section 62 of that Act;
“recovery period” has the same meaning as in section 61 of that Act.
Explanatory Notes · published by the Government with the Bill
287. This clause makes provision for the recovery period and any associated entitlements it affords to be brought to an end on receipt of a negative conclusive grounds decision. Under section 61 of the Nationality and Borders Act 2022, a person is entitled to a minimum thirty day ‘recovery period’ from the day on which they receive a positive reasonable grounds decision. 288. Clause 37 amends section 61 of NABA to the effect that in the event a person receives a negative conclusive grounds decision within the 30-day period, the recovery period and its associated protections will come to an end. It also makes similar provision enabling an equivalent outcome with regard to any additional recovery period under section 62. 289. Subsection (1) sets out that these provisions will take the form of amendments to Part 5 of the Nationality and Borders Act 2022. 290. Subsection (2)(a) inserts a provision into section 61(3) of the Nationality and Borders Act 2022 to the effect that the entitlement to the recovery period is subject to new subsections (4) and (5). Subsection (2)(b) inserts new subsections 61(4) and (5), which make clear that the recovery period will end on the day on which a negative conclusive grounds decision is made. 291. Subsection (3) makes equivalent amendments to the provisions dealing with additional recovery period in section 62(2) of the Nationality and Borders Act 2022. This inserts new subsections 62(3) to (5) into the Nationality and Borders Act 2022. New section 62(3) makes clear that the entitlement to a further recovery period under section 62 is subject to new subsections (4) and (5), to the effect that where a negative conclusive grounds decision is made in relation to a further reasonable grounds decision made under that section, the further recovery period ends with the day on which that decision is made. 292. Subsection (4) inserts a definition of “negative conclusive grounds decision” for these purposes into section 69(1) of the Nationality and Borders Act 2022, meaning a decision by a competent authority that a person is not a victim of slavery or human trafficking. 293. Subsection (5) makes consequential amendments to section 50A of the Modern Slavery Act 2015 to provide that where a negative conclusive grounds decision is made in relation to a further reasonable grounds decision, that further recovery period and necessary assistance and support ends with the day on which that decision is made.
Amendments tabled 1 · 1 would remove the whole clause

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 58
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 39, line 1, leave out Clause 37

No explanatory statement was published with this amendment.

38

38 — Disqualification from protection

amends 6 amendments · 5 Government
(1)Part 5 of the Nationality and Borders Act 2022 (modern slavery) is amended as set out in subsections (2) to (6).
(2)In section 63 (identified potential victims etc: disqualification from protection)—
(a)in the heading, at the end insert “on grounds of threat to public order etc”;
(b)in subsection (1) for the words from “that the person—” to the end of paragraph (b) substitute “—;
(a)that the person poses a risk to the national security of the United Kingdom, or
(b)except where the person is within subsection (1A), that the person is a threat to public order.
(c)after subsection (1) insert—;
(1A)A person is within this subsection if the person—
(a)is under the age of 18, and
(b)either—
(i)has a right of abode in the United Kingdom, or
(ii)has leave to remain in the United Kingdom otherwise than by reason of section 65.
(d)for subsection (2) substitute—;
(2)Where a determination is made that this subsection applies to a person—
(a)any prohibition on removing the person from, or requiring them to leave, the United Kingdom arising under section 61 or 62 ceases to apply,
(b)any requirement under section 65 to grant the person limited leave to remain in the United Kingdom ceases to apply, and
(c)no conclusive grounds decision is to be made in relation to the person after the determination.
(e)in subsection (2A) (as inserted by section 29(3) of the Illegal Migration Act 2023) for the words from “there are” to the end substitute “the person is at an immediate and significant risk of becoming a victim of slavery or human trafficking (or further slavery or human trafficking) in the United Kingdom.”;
(f)after subsection (2A) insert—;
(2B)For the purposes of this section, the circumstances in which a person poses a risk to the national security of the United Kingdom include, in particular, where—
(a)the person has been convicted of a terrorist offence;
(b)the person is subject to a TPIM notice (within the meaning given by section 2 of the Terrorism Prevention and Investigation Measures Act 2011);
(c)there are reasonable grounds to suspect that the person is or has been involved in terrorism-related activity within the meaning given by section 4 of that Act (whether or not the terrorism-related activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
(d)the person is subject to a notice under Part 2 of the National Security Act 2023;
(e)there are reasonable grounds to suspect that the person is or has been involved in foreign power threat activity within the meaning given by section 33 of that Act (whether or not the foreign power threat activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
(f)the person is subject to a temporary exclusion order imposed under section 2 of the Counter-Terrorism and Security Act 2015.
(g)in subsection (3)—
(i)omit paragraph (a);
(ii)in paragraph (b) for “any other” substitute “an”;
(iii)omit paragraphs (c) to (e);
(iv)omit paragraph (i);
(h)in subsection (4), in the words before paragraph (a), for “(3)(a)” substitute “(2B)(a)”;
(i)in subsection (5A)(b) (as inserted by section 29(5) of the Illegal Migration Act 2023) omit sub-paragraph (i) (and the “and” following it).
(3)After section 63 insert—
63AIdentified potential victims etc: disqualification from protection on grounds of bad faith
(1)The Secretary of State must determine that subsection (2) is to apply to a person if the Secretary of State is satisfied that the person—
(a)has claimed to be a victim of slavery or human trafficking in bad faith, and
(b)was aged 18 or over at the time the claim was made.
(2)Where a determination is made that this subsection applies to a person—
(a)any prohibition on removing the person from, or requiring the person to leave, the United Kingdom arising under section 61 or 62 ceases to apply,
(b)any requirement under section 65 to grant the person limited leave to remain in the United Kingdom ceases to apply, and
(c)no reasonable grounds decision or conclusive grounds decision is to be made in relation to the person after the determination.
(3)For the purposes of this section, the circumstances in which a person’s claim to be a victim of slavery or human trafficking is to be taken to have been made in bad faith include, in particular—
(a)where the claim was made at a time when the person was due to be removed from the United Kingdom;
(b)where the person provided information in support of the claim knowing the information to be false or fabricated.
(4)But subsection (3)(a) does not apply if—
(a)the Secretary of State has served a claim notice on the person and the claim was made on or before the claim notice deadline, or
(b)the Secretary of State is satisfied that there are compelling reasons why the claim was not made prior to the time the person became due to be removed from the United Kingdom.
(5)A person is “due to be removed from the United Kingdom” if—
(a)the person has been given a notice of intention to remove under section 10A of the Immigration and Asylum Act 1999, and
(b)in a case where the person has been given a notice of departure details under that section, the period of 21 days beginning with the date specified in that notice or any replacement notice under that section has not expired.
(6)The Secretary of State may by regulations provide for further circumstances in which a claim to be a victim of slavery or human trafficking is to be taken for the purposes of this section to have been made in bad faith.
(7)Regulations under subsection (6) are subject to the affirmative resolution procedure.
(8)For the purposes of this section, a person claims to be a victim of slavery or human trafficking if they make a disclosure of information that tends to suggest they may be a victim.
(9)In this section— “claim notice” means a notice under section 11 of the Immigration and Asylum Act 2026; “claim notice deadline” has the meaning given in section 11(3) of that Act.
(4)In section 61(2) (identified potential victims of slavery or human trafficking: recovery period), for “section 63(2)” substitute “sections 63(2) and 63A(2)”.
(5)In section 62(2) (no entitlement to additional recovery period etc), in the second sentence, for “section 63(2)” substitute “sections 63(2) and 63A(2)”.
(6)In section 65(3) (leave to remain for victims of slavery or human trafficking) for “section 63(2)” substitute “sections 63(2) and 63A(2)”.
(7)In section 50A(5) of the Modern Slavery Act 2015 (identified potential victims etc: assistance and support) after “section 63(2)” insert “or 63A(2)”.
Inserts a new provision into Nationality and Borders Act 2022 — after section 63

The inserted text is set out above. · view Nationality and Borders Act 2022 on legislation.gov.uk ↗

Amends Nationality and Borders Act 2022, section 63 — Identified potential victims etc: disqualification from protection
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 4, para 3 — only this clause’s changes are highlighted here.
Nationality and Borders Act 2022 — section 63

Includes (2A), (5A), not yet in force — inserted by Illegal Migration Act 2023; shown lightened for context (any change the Bill makes to it is marked up).

Identified potential victims etc: disqualification from protection on grounds of threat to public order etc
(1) A competent authority may determine that subsection (2) is to apply to a person in relation to whom a positive reasonable grounds decision has been made if the authority is satisfied that the person—
(a) is a threat to public order, or
(b) has claimed to be a victim of slavery or human trafficking in bad faith.
(a) that the person poses a risk to the national security of the United Kingdom, or
(b) except where the person is within subsection (1A), that the person is a threat to public order.
(1A) A person is within this subsection if the person—
(a) is under the age of 18, and
(b) either—
(i) has a right of abode in the United Kingdom, or
(ii) has leave to remain in the United Kingdom otherwise than by reason of section 65.
(2) Where this subsection applies to a person the following cease to apply—
(a) any prohibition on removing the person from, or requiring them to leave, the United Kingdom arising under section 61 or 62, and
(b) any requirement under section 65 to grant the person limited leave to remain in the United Kingdom.
(2) Where a determination is made that this subsection applies to a person—
(a) any prohibition on removing the person from, or requiring them to leave, the United Kingdom arising under section 61 or 62 ceases to apply,
(b) any requirement under section 65 to grant the person limited leave to remain in the United Kingdom ceases to apply, and
(c) no conclusive grounds decision is to be made in relation to the person after the determination.
(2A) A competent authority may not determine that subsection (2) is to apply to a person if the competent authority considers that there are compelling circumstances which mean that subsection (2) should not apply to the person.the person is at an immediate and significant risk of becoming a victim of slavery or human trafficking (or further slavery or human trafficking) in the United Kingdom.
(2B) For the purposes of this section, the circumstances in which a person poses a risk to the national security of the United Kingdom include, in particular, where—
(a) the person has been convicted of a terrorist offence;
(b) the person is subject to a TPIM notice (within the meaning given by section 2 of the Terrorism Prevention and Investigation Measures Act 2011);
(c) there are reasonable grounds to suspect that the person is or has been involved in terrorism-related activity within the meaning given by section 4 of that Act (whether or not the terrorism-related activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
(d) the person is subject to a notice under Part 2 of the National Security Act 2023;
(e) there are reasonable grounds to suspect that the person is or has been involved in foreign power threat activity within the meaning given by section 33 of that Act (whether or not the foreign power threat activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
(f) the person is subject to a temporary exclusion order imposed under section 2 of the Counter-Terrorism and Security Act 2015.
(3) For the purposes of this section, the circumstances in which a person is a threat to public order include, in particular, where—
(a) the person has been convicted of a terrorist offence;
(b) the person has been convicted of any otheran offence listed in Schedule 4 to the Modern Slavery Act 2015 anywhere in the United Kingdom, or of a corresponding offence;
(c) the person is subject to a TPIM notice (within the meaning given by section 2 of the Terrorism Prevention and Investigation Measures Act 2011);
(d) there are reasonable grounds to suspect that the person is or has been involved in terrorism-related activity within the meaning given by section 4 of that Act (whether or not the terrorism-related activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
(da) the person is subject to a notice under Part 2 of the National Security Act 2023;
(db) there are reasonable grounds to suspect that the person is or has been involved in foreign power threat activity within the meaning given by section 33 of that Act (whether or not the foreign power threat activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
(e) the person is subject to a temporary exclusion order imposed under section 2 of the Counter-Terrorism and Security Act 2015;
(f) the person is a foreign criminal within the meaning given by section 32(1) of the UK Borders Act 2007 (automatic deportation for foreign criminals);
(g) the Secretary of State has made an order in relation to the person under section 40(2) of the British Nationality Act 1981 (order depriving person of citizenship status where to do so is conducive to the public good);
(h) the Refugee Convention does not apply to the person by virtue of Article 1(F) of that Convention (serious criminals etc);
(i) the person otherwise poses a risk to the national security of the United Kingdom.
(4) In subsection (3)(a)(2B)(a), “terrorist offence” means any of the following (whenever committed)—
(a) an offence listed in—
(i) Schedule A1 to the Sentencing Code (terrorism offences: England and Wales), or
(ii) Schedule 1A to the Counter-Terrorism Act 2008 (terrorism offences: Scotland and Northern Ireland);
(b) an offence that was determined to have a terrorist connection under—
(i) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales), or
(ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales before the Sentencing Code applied);
(c) an offence that has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland);
(d) an act constituting an offence under the law in force in a country outside the United Kingdom that—
(i) would have constituted an offence within paragraph (a) if it had been committed in any part of the United Kingdom, or
(ii) was, or took place in the course of, an act of terrorism or was done for the purposes of terrorism.
(5) In subsection (3)(b) “corresponding offence” means—
(a) an offence under the law of Scotland or of Northern Ireland which corresponds to an offence listed in Schedule 4 to the Modern Slavery Act 2015;
(b) an act constituting an offence under the law in force in a country outside the United Kingdom that would have constituted an offence listed in that Schedule if it had been committed in England or Wales.
(5A) In subsection (3)(f)—
(a) “British citizen” has the same meaning as in section 3(5) of the Immigration Act 1971 (and section 3(8) (burden of proof) applies), and
(b) the reference to a person who has been sentenced to a period of imprisonment—
(i) does not include a reference to a person who receives a suspended sentence (unless a court subsequently orders that the sentence or any part of it is to take effect), and
(ii) includes a reference to a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders).
(6) For the purposes of this section an act punishable under the law in force in a country outside the United Kingdom is regarded as constituting an offence under that law however it is described in that law.
(7) In this section—
“act” includes an omission;
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and its Protocol;
“terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).
Amends Nationality and Borders Act 2022, section 61 — Identified potential victims of slavery or human trafficking: recovery period
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 37 — only this clause’s changes are highlighted here.
Nationality and Borders Act 2022 — section 61
(1) This section applies to a person (an “identified potential victim”) if—
(a) a decision is made by a competent authority that there are reasonable grounds to believe that the person is a victim of slavery or human trafficking (a “positive reasonable grounds decision”), and
(b) that decision is not a further RG decision (as to which, see section 62).
(2) Subject to section 63(2)sections 63(2) and 63A(2), the identified potential victim may not be removed from, or required to leave, the United Kingdom during the recovery period.
(3) The “recovery period”, in relation to an identified potential victim, is the period—
(a) beginning with the day on which the positive reasonable grounds decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the identified potential victim;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
Amends Nationality and Borders Act 2022, section 62 — No entitlement to additional recovery period etc
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 37, Schedule 4, para 2 — only this clause’s changes are highlighted here.
Nationality and Borders Act 2022 — section 62
(1) This section applies where—
(a) a competent authority has previously made a positive reasonable grounds decision in relation to a person (the “first RG decision”), and
(b) a further positive reasonable grounds decision is made in relation to the person, in a case where the reasonable grounds for believing that the person is a victim of slavery or human trafficking arise from things done wholly before the first RG decision was made (the “further RG decision”).
(2) If the competent authority considers it appropriate in the circumstances of a particular case, the authority may determine that the person may not be removed from, or required to leave, the United Kingdom during the period—
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
This is subject to section 63(2)sections 63(2) and 63A(2).
Amends Nationality and Borders Act 2022, section 65 — Leave to remain for victims of slavery or human trafficking
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 39 — only this clause’s changes are highlighted here.
Nationality and Borders Act 2022 — section 65
(1) This section applies if a positive conclusive grounds decision is made in respect of a person—
(a) who is not a British citizen, and
(b) who does not have leave to remain in the United Kingdom.
(2) The Secretary of State must grant the person limited leave to remain in the United Kingdom if the Secretary of State considers it is necessary for the purpose of—
(a) assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation,
(b) enabling the person to seek compensation in respect of the relevant exploitation, or
(c) enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation.
(3) Subsection (2) is subject to section 63(2)sections 63(2) and 63A(2).
(4) Leave is not necessary for the purpose mentioned in—
(a) subsection (2)(a) if the Secretary of State considers that the person’s need for assistance is capable of being met in a country or territory within paragraph (a) or (b) of subsection (5) (or both);
(b) subsection (2)(b) if the Secretary of State considers that—
(i) the person is capable of seeking compensation from outside the United Kingdom, and
(ii) it would be reasonable for the person to do so in the circumstances.
(5) A country or territory is within this subsection if—
(a) it is a country of which the person is a national or citizen;
(b) it is one to which the person may be removed in accordance with an agreement between that country or territory and the United Kingdom (which may be, but does not need to be, an agreement contemplated by Article 40(2) of the Trafficking Convention).
(6) Subsection (7) applies if the Secretary of State is satisfied that—
(a) the person is a threat to public order, or
(b) the person has claimed to be a victim of slavery or human trafficking in bad faith.
(7) Where this subsection applies—
(a) the Secretary of State is not required to grant the person leave under subsection (2), and
(b) if such leave has already been granted to the person, it may be revoked.
(8) Leave granted to a person under subsection (2) may be revoked in such other circumstances as may be prescribed in immigration rules.
(9) Subsections (3) to (7) of section 63 apply for the purposes of this section as they apply for the purposes of that section.
(10) In this section—
“positive conclusive grounds decision” means a decision made by a competent authority that a person is a victim of slavery or human trafficking;
“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998;
“the relevant exploitation” means the conduct resulting in the positive conclusive grounds decision.
(11) This section is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.
Amends Modern Slavery Act 2015, section 50A — Identified potential victims etc: assistance and support
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 37, clause 43 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 50A
(1) The Secretary of State must secure that any necessary assistance and support is available to an identified potential victim (within the meaning given by section 61 of the Nationality and Borders Act 2022 (the “2022 Act”)) during the recovery period.
(2) For the purposes of this section, assistance and support is “necessary” if the Secretary of State considers that it is necessary for the purpose of assisting the person receiving it in their recovery from any physical, psychological or social harm arising from the conduct which resulted in the positive reasonable grounds decision in question.
(3) Subsection (4) applies where a further RG decision, within the meaning given by section 62 of the 2022 Act, is made in relation to a person.
(4) If the Secretary of State determines that it is appropriate to do so, the Secretary of State must secure that any necessary assistance and support is available to the person during the period—
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
(5) Any duty under subsection (1) or (4) ceases to apply in relation to a person in respect of whom a determination is made under section 63(2) or 63A(2) of the 2022 Act (disqualification from protection).
(6) In this section, a reference to assistance and support is to assistance and support provided in accordance with—
(a) arrangements referred to in section 49(1)(b), or
(b) regulations made under section 50.
(7) In this section—
“conclusive grounds decision” has the same meaning as in Part 5 of the 2022 Act (see section 69 of that Act);
“recovery period” has the same meaning as in section 61 of that Act.
Explanatory Notes · published by the Government with the Bill
294. Clause 38 amends section 63 of the Nationality and Borders Act 2022, which deals with disqualification from the National Referral Mechanism on grounds of public order, and inserts new section 63A, which expands upon and more clearly defines the basis on which disqualification can occur on grounds of ‘bad faith’. Section 63 previously dealt with both public order and bad faith, but clause 38 separates them into two separate provisions. This provision sets out the UK Government’s interpretation of Article 13(3) of the European Convention on Action against Human Trafficking. These amendments sit alongside the commencement of section 29 of the Illegal Migration Act (IMA) 2023. 295. Subsection (1) signposts that these changes will take the form of amendments to Part 5 of the Nationality and Borders Act 2022. 296. Subsection (2) outlines the amendments to be made to section 63. Subsection (2)(a) amends the title of the section to reflect the fact that it now only relates to disqualification on the grounds of threat to public order. and (2)(b) removes section 63(1)(b), which relates to bad faith (now dealt with separately in new section 63A). 297. Subsection (2)(c) amends section 63(1) to make clear that, when a competent authority is satisfied that a person poses a risk to national security (section 63(1)(a)), or where the person is a threat to public order (section 63(1)(b)), the consequences at section 63(2) (i.e. disqualification) must apply. This will apply to any person coming before the competent authority. 298. Section 63(1)(b) is subject to an exception in new section 63(1A), inserted by clause 38(2)(c). The effect of this is that the duty to disqualify on the basis of public order threat will not apply to people under 18 with either the right of abode in the United Kingdom, or leave to remain other than under section 65 NABA. In effect, this means children meeting these criteria remain eligible for modern slavery protections, even if they might otherwise be considered a threat to public order. This puts in place an explicit statutory safeguard reflecting the need for enhanced protection of children within the modern slavery framework. 299. Subsection 2(d) replaces the current section 63(2) NABA, setting out the consequences attaching to a determination under section 63(1). Where a decision to disqualify is made, under new section 63(2), any prohibition on removing the person, or requiring them to leave the United Kingdom no longer applies. This removes the protections of the recovery period provided under sections 61 and 62 NABA. Further, any requirement to grant the person limited leave to remain (also known as temporary permission to stay or TPS) will no longer apply (new section 63(2)(b)), and there will be no requirement to make a conclusive grounds decision in relation to that person following a decision to disqualify, on the basis that a section 63 determination will be regarded as the conclusion of the identification process. 300. Subsection 2(e) amends section 63(2A), as inserted by section 29(3) of the IMA 2023, such that the duty to make a determination of disqualification on public order grounds will not apply where the competent authority considers the person to beat immediate and significant risk of becoming a victim of modern slavery or human trafficking, or further slavery or trafficking, in the United Kingdom. 301. Subsection 38(2)(f) inserts new section 63(2B) into NABA, defining what constitutes a ‘risk to the national security of the United Kingdom’ for these purposes by setting out a list of circumstances that will bring a person within scope of this provision, namely: a) the person has been convicted of a terrorist offence (new section 63(2B)(a)); b) the person is subject to a TPM notice (within the meaning given by section 2 of the Terrorism Prevention and Investigation Measures Act 2011) (63(2B)(b)); c) there are reasonable grounds to suspect that the person is or has been involved in terrorism-related activity within the meaning given by section 4 of that Act (whether or not the terrorism-related activity is attributable to the person being, or having been, a victim of slavery or human trafficking (63(2B)(c)); d) the person is subject to a notice under Part 2 of the National Security Act 2023 (63(2B)(d)); e) there are reasonable grounds to suspect that the person is or has been involved in foreign power threat activity within the meaning given by section 33 of that Act (whether or not the foreign power threat activity is attributable to the person being, or having been, a victim of slavery or human trafficking) (63(2B)(e)); and f) the person is subject to a temporary exclusion order imposed under section 2 of the Counter-Terrorism and Security Act 2015 (63(2B)(f)). 302. Subsections 2(g) and (h) make consequential amendments to section 63(3), which sets out the offences and behaviours to be captured by the public order disqualification, to ensure there are clear definitions of what constitutes a national security or public order threat respectively for the purposes of this section. 303. Subsection (2)(i) amends section 63(5A)(b), as inserted by section 29(5) IMA 2023, so that a person in receipt of a suspended sentence is not excluded from the scope of public order disqualification. 304. Subsection (3) inserts new section 63A into NABA which makes separate provision enabling disqualification from protections on grounds of bad faith. 305. Under section 63A(1), when a competent authority is satisfied that a person has claimed to be a victim of slavery or human trafficking in bad faith, the consequences at section 63A(2) must apply. This will apply to any person coming before the competent authority who is aged 18 or over at the time the claim was made (section 63A(1)(b)). New section 63A(8) sets out that for these purposes, a person ‘claims to be a victim of slavery or human trafficking’ if they disclose information that tends to suggest they may be a victim. 306. New section 63A(2) sets out the consequences attaching to a determination under section 63A(1). Where a decision to disqualify is made, under section 63A(2), any prohibition on removing the person, or requiring them to leave the United Kingdom no longer applies. This removes the protections of the recovery period provided under sections 61 and 62 NABA. Further, any requirement to grant the person limited leave to remain (also known as temporary permission to stay or TPS) will no longer apply (new section 63A(2)(b)), and there will be no requirement to make a conclusive grounds decision in relation to that person following a decision to disqualify. 307. New section 63A(3) sets out a non exhaustive list of circumstances where a person will be taken to have made a claim to be a victim in bad faith, specifying that this will include where a person has made a claim at a point in time where the person was due to be removed from the United Kingdom (section 63A(3)(a)); and where the person has knowingly provided false or fabricated information to support their claim (section 63A(3)(b)). 308. Under new section 63A(4), there is an exception to the duty to disqualify with regard to section 63A(3)(a) (late claims), where the person has been served with a claim notice under clause 11 and that claim was made on or before the prescribed deadline (section 63A(4)(a)), or the Secretary of State is satisfied there are compelling reasons why the person did not make their claim prior to becoming due for removal from the UK (section 63A(4)(b)). This provides the person with an opportunity to rebut the presumption in favour of disqualification in these circumstances. 309. New section 63A(5) defines ‘due to be removed from the United Kingdom’ for these purposes with reference to section 10A of the Immigration and Asylum Act 1999. 310. New section 63A(6) provides a regulation-making power enabling the Secretary of State to add to the circumstances where a claim will be taken to be made in bad faith. Any regulations made under that power are subject to the affirmation procedure (section 63A(7)). 311. New section 63A(9) sets out definitions of “claim notice”, meaning a notice issued under section 11; and “claim notice deadline”, with reference to section 11(3).
Amendments tabled 6, including 5 from the Government · 1 would remove the whole clause

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 59
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 40, line 5, leave out Clause 38

No explanatory statement was published with this amendment.

Amendment 114 GovernmentNew
Anna Turley, Minister of State (Home Office) Replaces words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment limits the duty of the Secretary of State to disqualify potential victims of slavery or trafficking from certain protections when they are a threat to public order so that the duty will apply only in respect of adults.

Effect on the clause · the printed text with this amendment applied
40:15the United Kingdom, or
40:16(b) except where the person is within subsection (1A)in a case where the person is aged 18 or over, that
40:17the person is a threat to public order.”;
The amendment · as tabled, addressed to the printed Bill
Clause 38, page 40, line 16, leave out “except where the person is within subsection (1A)” and insert “in a case where the person is aged 18 or over”
Amendment 115 GovernmentNew
Anna Turley, Minister of State (Home Office) Removes words Consequential Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on amendment 114.

Effect on the clause · the printed text with this amendment applied
40:17the person is a threat to public order.”;
40:18(c) after subsection (1) insert—
40:19“(1A) A person is within this subsection if the person—
The amendment · as tabled, addressed to the printed Bill
Clause 38, page 40, line 18, leave out paragraph (c)
Amendment 116 GovernmentNew
Anna Turley, Minister of State (Home Office) Removes words Consequential Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on amendment 118.

Effect on the clause · the printed text with this amendment applied
40:30under section 61 or 62 ceases to apply,
40:31(b) any requirement under section 65 to grant the person
40:32limited leave to remain in the United Kingdom ceases
40:33to apply, and
40:34(c) no conclusive grounds decision is to be made in relation
The amendment · as tabled, addressed to the printed Bill
Clause 38, page 40, line 31, leave out from beginning to “, and” in line 33
Amendment 117 GovernmentNew
Anna Turley, Minister of State (Home Office) Removes words Consequential Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on amendment 118.

Effect on the clause · the printed text with this amendment applied
42:5or 62 ceases to apply,
42:6(b) any requirement under section 65 to grant the person limited
42:7leave to remain in the United Kingdom ceases to apply, and
42:8(c) no reasonable grounds decision or conclusive grounds decision
The amendment · as tabled, addressed to the printed Bill
Clause 38, page 42, line 6, leave out from beginning to “, and” in line 7
Amendment 118 GovernmentNew
Anna Turley, Minister of State (Home Office) Replaces words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment means the Secretary of State will not be under a duty to grant limited leave to remain to a victim of slavery or human trafficking if the victim is a risk to national security, is an adult who is a threat to public order or has claimed to be a victim in bad faith at a time when they were an adult.

Effect on the clause · the printed text with this amendment applied
43:6second sentence, for “section 63(2)” substitute “sections 63(2) and 63A(2)”.
43:7(6) In section 65(3) (leave to remain for victims of slavery or human trafficking)
43:8for “section 63(2)” substitute “sections 63(2) and 63A(2)”.
(6) In section 65 (leave to remain for victims of slavery or human trafficking)—
(a) omit subsection (3);
(b) for subsection (6) substitute—
“(6) Subsection (7) applies if the Secretary of State is satisfied—
(a) that the person poses a risk to the national security of the United Kingdom, or
(b) in a case where the person is aged 18 or over, that the person is a threat to public order.
(6A) Subsection (7) also applies if the Secretary of State is satisfied that the person—
(a) has claimed to be a victim of slavery or human trafficking in bad faith, and
(b) was aged 18 or over at the time the claim was made.”;
(c) for subsection (9) substitute—
“(9) The following apply for the purposes of this section—
(a) subsections (2B) to (7) of section 63;
(b) subsections (3), (4), (5), (8) and (9) of section 63A;
(c) regulations made under subsection (6) of section 63A.”
43:9(7) In section 50A(5) of the Modern Slavery Act 2015 (identified potential victims
The amendment · as tabled, addressed to the printed Bill
Clause 38, page 43, line 7, leave out subsection (6) and insert—
Show the full text (14 lines)
“(6) In section 65 (leave to remain for victims of slavery or human trafficking)—
(a) omit subsection (3);
(b) for subsection (6) substitute—
“(6) Subsection (7) applies if the Secretary of State is satisfied—
(a) that the person poses a risk to the national security of the United Kingdom, or
(b) in a case where the person is aged 18 or over, that the person is a threat to public order.
(6A) Subsection (7) also applies if the Secretary of State is satisfied that the person—
(a) has claimed to be a victim of slavery or human trafficking in bad faith, and
(b) was aged 18 or over at the time the claim was made.”;
(c) for subsection (9) substitute—
“(9) The following apply for the purposes of this section—
(a) subsections (2B) to (7) of section 63;
(b) subsections (3), (4), (5), (8) and (9) of section 63A;
(c) regulations made under subsection (6) of section 63A.””
39

39 — Removal of duty to grant leave to remain to assist recovery

amends 2 amendments · 1 Government

In section 65 of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking)—

(a)in subsection (2), omit paragraph (a),
(b)in subsection (4), omit paragraph (a), and
(c)omit subsection (5).
Amends Nationality and Borders Act 2022, section 65 — Leave to remain for victims of slavery or human trafficking
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 38 — only this clause’s changes are highlighted here.
Nationality and Borders Act 2022 — section 65
(1) This section applies if a positive conclusive grounds decision is made in respect of a person—
(a) who is not a British citizen, and
(b) who does not have leave to remain in the United Kingdom.
(2) The Secretary of State must grant the person limited leave to remain in the United Kingdom if the Secretary of State considers it is necessary for the purpose of—
(a) assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation,
(b) enabling the person to seek compensation in respect of the relevant exploitation, or
(c) enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation.
(3) Subsection (2) is subject to section 63(2).
(4) Leave is not necessary for the purpose mentioned in—
(a) subsection (2)(a) if the Secretary of State considers that the person’s need for assistance is capable of being met in a country or territory within paragraph (a) or (b) of subsection (5) (or both);
(b) subsection (2)(b) if the Secretary of State considers that—
(i) the person is capable of seeking compensation from outside the United Kingdom, and
(ii) it would be reasonable for the person to do so in the circumstances.
(5) A country or territory is within this subsection if—
(a) it is a country of which the person is a national or citizen;
(b) it is one to which the person may be removed in accordance with an agreement between that country or territory and the United Kingdom (which may be, but does not need to be, an agreement contemplated by Article 40(2) of the Trafficking Convention).
(6) Subsection (7) applies if the Secretary of State is satisfied that—
(a) the person is a threat to public order, or
(b) the person has claimed to be a victim of slavery or human trafficking in bad faith.
(7) Where this subsection applies—
(a) the Secretary of State is not required to grant the person leave under subsection (2), and
(b) if such leave has already been granted to the person, it may be revoked.
(8) Leave granted to a person under subsection (2) may be revoked in such other circumstances as may be prescribed in immigration rules.
(9) Subsections (3) to (7) of section 63 apply for the purposes of this section as they apply for the purposes of that section.
(10) In this section—
“positive conclusive grounds decision” means a decision made by a competent authority that a person is a victim of slavery or human trafficking;
“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998;
“the relevant exploitation” means the conduct resulting in the positive conclusive grounds decision.
(11) This section is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.
Explanatory Notes · published by the Government with the Bill
312. Clause 39 repeals subsections (2)(a), (4)(a) and (5) of section 65 of the Nationality and Borders Act 2022 (‘NABA’). 313. These amendments will, taken together, remove the requirement on the Secretary of State to grant temporary limited leave to remain (known as ‘temporary permission to stay’, or ‘TPS’) to confirmed victims of modern slavery (i.e. individuals with a positive conclusive grounds decision) who are not British citizens and who do not have leave to remain in the UK, for the purpose of assisting them in their recovery from any physical or psychological harm arising from the relevant exploitation. 314. The effect of these amendments is that the Secretary of State will only be obliged to grant temporary limited leave to remain (TPS) in the UK for the cohort described at paragraph 226 above if they consider it necessary for the purposes of - • enabling the person to seek compensation in respect of the relevant exploitation, or • enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation.
Amendments tabled 2, including 1 from the Government · 1 would remove the whole clause

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 60
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 43, line 11, leave out Clause 39

No explanatory statement was published with this amendment.

Amendment 119 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment will clarify that the duty to grant limited leave to remain to a victim of slavery or human trafficking does not apply if the victim already has leave to enter the United Kingdom or a right of abode in the United Kingdom.

Effect on the clause · the printed text with this amendment applied
43:12In section 65 of the Nationality and Borders Act 2022 (leave to remain for
43:13victims of slavery or human trafficking)—
(za) in subsection (1)—
(i) omit “and” at the end of paragraph (a),
(ii) in paragraph (b), after “leave to” insert “enter or”, and
(iii) at the end of paragraph (b) insert
“, and
(c) who does not have a right of abode in the United Kingdom”,
43:14(a) in subsection (2), omit paragraph (a),
The amendment · as tabled, addressed to the printed Bill
Clause 39, page 43, line 13, at end insert—
Show the full text (6 lines)
“(za) in subsection (1)—
(i) omit “and” at the end of paragraph (a),
(ii) in paragraph (b), after “leave to” insert “enter or”, and
(iii) at the end of paragraph (b) insert
“, and
(c) who does not have a right of abode in the United Kingdom”,”
Proposed new clause from the Government, to go after clause 39: Exception from automatic deportation of foreign criminals New clause 32 · Not yet debated
New clause 32 Exception from automatic deportation of foreign criminalsGovernmentNew
Anna Turley, Minister of State (Home Office) New clause Not yet debated
Explanatory statement · what it would do, in the words of the Government

This new clause, to go after clause 39, replaces an exception from the duty to deport foreign criminals. The existing exception operates by reference to the Council of Europe Convention on Action against Trafficking in Human Beings. The replacement exception will operate by reference to the domestic legislation that gives effect to that Convention.

The proposed clause · as tabled
In section 33 of the UK Borders Act 2007 (exceptions from automatic deportation of foreign criminals) for subsection (6A) substitute—
“(6A) Exception 6 is where—
(a) the foreign criminal has limited leave to remain in the United Kingdom under section 65(2) of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking),
(b) the Secretary of State is under a duty to grant the foreign criminal limited leave to remain in the United Kingdom under that section, or
(c) the Secretary of State intends to grant the foreign criminal limited leave to remain in the United Kingdom under that section despite not being required to do so as a result of the application of subsection (7)(a) of that section.””
40

40 — Renaming of independent child trafficking advocates

amends
(1)Section 48 of the Modern Slavery Act 2015 (independent child trafficking advocates) is amended as set out in subsections (2) to (4).
(2)In the following provisions, for “advocates” substitute “guardians”—
(a)the heading;
(b)subsection (1);
(c)in subsection (6)—
(i)the opening words;
(ii)paragraph (d).
(3)In the following provisions, for “advocate” substitute “guardian”—
(a)subsection (4);
(b)subsection (5);
(c)in subsection (6)—
(i)paragraph (a);
(ii)paragraph (b);
(iii)paragraph (c);
(iv)the opening words of paragraph (e);
(v)paragraph (e)(ii) (in both places).
(4)In subsection (6)(e)(i), for “advocate’s” substitute “guardian’s”.
(5)In section 58(4)(f) of the Modern Slavery Act 2015 (application of affirmative procedure to regulations under section 48(6)), for “advocates” substitute “guardians: general regulations”.
Amends Modern Slavery Act 2015, section 48 — Independent child trafficking advocates
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 41, clause 42 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 48
Independent child trafficking advocates guardians
(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable persons (“independent child trafficking advocates”) guardians”) to be available to represent and support children who there are reasonable grounds to believe may be victims of human trafficking.
(2) In making arrangements under subsection (1) the Secretary of State must have regard to the principle that, so far as practicable, a child should be represented and supported by someone who is independent of any person who will be responsible for making decisions about the child.
(3) The arrangements may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.
(4) A person appointed as an independent child trafficking advocate guardian for a child must promote the child's well-being and act in the child's best interests.
(5) The advocate guardian may (where appropriate) assist the child to obtain legal or other advice, assistance and representation, including (where necessary) by appointing and instructing legal representatives to act on the child's behalf.
(6) The Secretary of State must make regulations about independent child trafficking advocates, guardians, and the regulations must in particular make provision—
(a) about the circumstances in which, and any conditions subject to which, a person may act as an independent child trafficking advocate; guardian;
(b) for the appointment of a person as an independent child trafficking advocate guardian to be subject to approval in accordance with the regulations;
(c) requiring an independent child trafficking advocate guardian to be appointed for a child as soon as reasonably practicable, where there are reasonable grounds to believe a child may be a victim of human trafficking;
(d) about the functions of independent child trafficking advocates; guardians;
(e) requiring public authorities which provide services or take decisions in relation to a child for whom an independent child trafficking advocate guardian has been appointed to—
(i) recognise, and pay due regard to, the advocate's guardian's functions, and
(ii) provide the advocate guardian with access to such information relating to the child as will enable the advocate guardian to carry out those functions effectively (so far as the authority may do so without contravening a restriction on disclosure of the information).
(7) The Secretary of State must, no later than 9 months after the day on which this Act is passed, lay before Parliament a report on the steps the Secretary of State proposes to take in relation to the powers conferred by this section.
Amends Modern Slavery Act 2015, section 58 — Regulations
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 28, clause 29, clause 33, clause 44, clause 46, clause 47, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 58
(1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—
(a) it contains only regulations under section 61 (commencement), or
(b) it contains regulations to which subsection (4) applies.
(3) A statutory instrument containing regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) This section applies to—
(a) regulations under section 14(4) (power to amend Schedule 1);
(b) regulations under section 31(1) (power to amend section 30);
(c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist;
(d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43);
(e) regulations under section 45(8) (power to amend Schedule 4);
(f) regulations under section 48(6) (independent child trafficking advocatesguardians: general regulations);
(g) regulations under section 50 (identifying and supporting victims);
(h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist;
(i) regulations under section 54(2) (minimum turnover for application of section 54);
(j) the first regulations under section 54(3) (definition of turnover for purposes of section 54);
(ja) ................................
(k) regulations under section 57(2) (consequential provision) which amend, or repeal any provision of, an Act.
(5) Regulations made by the Scottish Ministers under section 43(7)—
(a) are subject to the affirmative procedure if they contain—
(i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(ii) the provision mentioned in section 43(10) (power to modify section 43);
(b) otherwise, are subject to the negative procedure.
(6) The power of the Department of Justice in Northern Ireland to make regulations under section 43(8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations made by the Department of Justice in Northern Ireland under section 43(8) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless they are regulations to which subsection (9) applies.
(8) The Department of Justice in Northern Ireland may not make regulations to which subsection (9) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(9) This subsection applies to regulations under section 43(8) which contain—
(a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(b) the provision mentioned in section 43(10) (power to modify section 43).
(10) Regulations made under this Act may—
(a) make different provision for different purposes;
(b) include saving, transitional, transitory, supplementary or consequential provision.
(11) This section (apart from subsection (10)) does not apply to regulations under paragraph 5 of Schedule 2.
Explanatory Notes · published by the Government with the Bill
315. This clause amends sections 48 and 58 of the Modern Slavery Act 2015. 316. Subsection (1) to (4) amend section 48 of the MSA 2015, and subsection (5) amends section 58 of the MSA 2015, so that any reference to independent child trafficking advocates is replaced with independent child trafficking guardians.
41

41 — Functions of independent child trafficking guardians

amends
(1)Section 48 of the Modern Slavery Act 2015 (independent child trafficking guardians) is amended as follows.
(2)In subsection (1), for the words from “represent” to the end substitute “represent or support (or represent and support) children who may be victims of human trafficking or victims of slavery.”
(3)In subsection (2), for “represented and supported” substitute “represented or supported (or represented and supported)”.
(4)After subsection (2) insert—
(2A)Support provided to a child by an independent child trafficking guardian under this section may take the form of—
(a)support provided directly to the child, or
(b)support provided indirectly to the child by way of support to other persons who provide services or take decisions in relation to the child.
(5)In subsection (6)—
(a)in paragraph (c)—
(i)omit “there are reasonable grounds to believe”;
(ii)at the end insert “or a victim of slavery”;
(b)in paragraph (e)—
(i)omit the “and” at the end of sub-paragraph (i);
(ii)at the end insert
“, and”
(iii)involve the guardian in discussions and decisions relating to the child, so far as relating to the guardian’s functions (and so far as the authority may do so without contravening a restriction on disclosure of information).
Amends Modern Slavery Act 2015, section 48 — Independent child trafficking advocates
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 40, clause 42 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 48
(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable persons (“independent child trafficking advocates”) to be available to represent and support children who there are reasonable grounds to believe may be victims of human trafficking.represent or support (or represent and support) children who may be victims of human trafficking or victims of slavery.
(2) In making arrangements under subsection (1) the Secretary of State must have regard to the principle that, so far as practicable, a child should be represented and supportedrepresented or supported (or represented and supported) by someone who is independent of any person who will be responsible for making decisions about the child.
(2A) Support provided to a child by an independent child trafficking guardian under this section may take the form of—
(a) support provided directly to the child, or
(b) support provided indirectly to the child by way of support to other persons who provide services or take decisions in relation to the child.
(3) The arrangements may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.
(4) A person appointed as an independent child trafficking advocate for a child must promote the child's well-being and act in the child's best interests.
(5) The advocate may (where appropriate) assist the child to obtain legal or other advice, assistance and representation, including (where necessary) by appointing and instructing legal representatives to act on the child's behalf.
(6) The Secretary of State must make regulations about independent child trafficking advocates, and the regulations must in particular make provision—
(a) about the circumstances in which, and any conditions subject to which, a person may act as an independent child trafficking advocate;
(b) for the appointment of a person as an independent child trafficking advocate to be subject to approval in accordance with the regulations;
(c) requiring an independent child trafficking advocate to be appointed for a child as soon as reasonably practicable, where there are reasonable grounds to believe a child may be a victim of human trafficking; or a victim of slavery
(d) about the functions of independent child trafficking advocates;
(e) requiring public authorities which provide services or take decisions in relation to a child for whom an independent child trafficking advocate has been appointed to—
(i) recognise, and pay due regard to, the advocate's functions, and
(ii) provide the advocate with access to such information relating to the child as will enable the advocate to carry out those functions effectively (so far as the authority may do so without contravening a restriction on disclosure of the information).
, and
(iii) involve the guardian in discussions and decisions relating to the child, so far as relating to the guardian’s functions (and so far as the authority may do so without contravening a restriction on disclosure of information).
(7) The Secretary of State must, no later than 9 months after the day on which this Act is passed, lay before Parliament a report on the steps the Secretary of State proposes to take in relation to the powers conferred by this section.
Explanatory Notes · published by the Government with the Bill
317. This clause amends section 48 of the Modern Slavery Act 2015. 318. Subsections (2) and (3) amend subsections (1) and (2) of section 48 of the MSA 2015 to ensure independent child trafficking guardians can provide either representation or support, or both representation and support, to a child. Subsection (4) inserts a new subsection (2A) to set out that this representation or support can be provided either directly or indirectly through support to other persons who provide services or take decisions about the child, such as public authorities, or through a combination of both. 319. Subsection (5)(a) amends subsection (6)(c) of section 48 of the MSA 2015 to ensure an independent child trafficking guardian can be appointed to provide support and representation to a child that may be a victim of human trafficking or a victim of slavery ahead of a reasonable grounds decision being made. 320. Subsection (5)(b) inserts a new subsection (6)(e)(iii) of section 48 of the MSA 2015 to make further provision for public authorities to involve the independent child trafficking guardian in discussions and decisions that relate to the child, so far as relating to the independent child trafficking guardian’s functions.
42

42 — Further amendments relating to independent child trafficking guardians

amends
(1)In section 48 of the Modern Slavery Act 2015 (independent child trafficking guardians) omit subsection (7).
(2)In section 61 of that Act (commencement) omit subsections (5) to (7).
Amends Modern Slavery Act 2015, section 48 — Independent child trafficking advocates
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 40, clause 41 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 48
(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable persons (“independent child trafficking advocates”) to be available to represent and support children who there are reasonable grounds to believe may be victims of human trafficking.
(2) In making arrangements under subsection (1) the Secretary of State must have regard to the principle that, so far as practicable, a child should be represented and supported by someone who is independent of any person who will be responsible for making decisions about the child.
(3) The arrangements may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.
(4) A person appointed as an independent child trafficking advocate for a child must promote the child's well-being and act in the child's best interests.
(5) The advocate may (where appropriate) assist the child to obtain legal or other advice, assistance and representation, including (where necessary) by appointing and instructing legal representatives to act on the child's behalf.
(6) The Secretary of State must make regulations about independent child trafficking advocates, and the regulations must in particular make provision—
(a) about the circumstances in which, and any conditions subject to which, a person may act as an independent child trafficking advocate;
(b) for the appointment of a person as an independent child trafficking advocate to be subject to approval in accordance with the regulations;
(c) requiring an independent child trafficking advocate to be appointed for a child as soon as reasonably practicable, where there are reasonable grounds to believe a child may be a victim of human trafficking;
(d) about the functions of independent child trafficking advocates;
(e) requiring public authorities which provide services or take decisions in relation to a child for whom an independent child trafficking advocate has been appointed to—
(i) recognise, and pay due regard to, the advocate's functions, and
(ii) provide the advocate with access to such information relating to the child as will enable the advocate to carry out those functions effectively (so far as the authority may do so without contravening a restriction on disclosure of the information).
(7) The Secretary of State must, no later than 9 months after the day on which this Act is passed, lay before Parliament a report on the steps the Secretary of State proposes to take in relation to the powers conferred by this section.
Amends Modern Slavery Act 2015, section 61 — Commencement
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Modern Slavery Act 2015 — section 61
(1) This Act comes into force on whatever day or days the Secretary of State appoints by regulations, subject to subsections (2) and (3).
(2) Section 48(7) comes into force at the end of the period of 2 months beginning with the day on which this Act is passed.
(3) This Part, other than section 57(1) and Schedule 5, comes into force on the day on which this Act is passed.
(4) Before making regulations bringing into force any of the provisions of Part 3, the Secretary of State must consult—
(a) the Scottish Ministers, so far as the provisions extend to Scotland;
(b) the Department of Justice in Northern Ireland, so far as the provisions extend to Northern Ireland.
(5) The Secretary of State may not make regulations under subsection (1) bringing into force section 48(1) to (6) (or any part of it) before the end of the period of 9 months beginning with the day on which this Act is passed.
(6) After the end of that period—
(a) if a resolution is passed by each House of Parliament that section 48(1) to (6) (or any part of it) should come into force, the Secretary of State must make regulations under subsection (1) bringing into force that section (or that part of it);
(b) the Secretary of State may not make regulations under subsection (1) bringing into force section 48(1) to (6) (or any part of it) unless required to do so by paragraph (a).
(7) Regulations made by virtue of subsection (6)(a) must bring into force section 48(1) to (6) (or the part of it specified in the resolutions) before the end of the period of one month beginning with the day on which the resolutions are passed (or, if they are passed on different days, the day on which the later of them is passed).
(8) The Secretary of State may by regulations make whatever saving, transitory or transitional provision the Secretary of State thinks appropriate in connection with the coming into force of any provision of this Act.
Explanatory Notes · published by the Government with the Bill
321. Subsection (1) amends section 48 of the Modern Slavery Act 2015 by removing subsection (7) so that there is no longer a requirement on the Secretary of State to lay before Parliament a report on proposed steps in relation to this section. 322. Subsection (2) repeals subsections (5) to (7) of section 61 of the MSA 2015 so that commencement of section 48 would instead be subject to the general commencement power in subsection (1).
43

43 — Assistance and support for potential victims

amends 8 amendments · 4 Government
(1)Section 50A of the Modern Slavery Act 2015 (identified potential victims etc: assistance and support) is amended as follows.
(2)In subsection (2), after “the Secretary of State” insert “or an authorised person”.
(3)After subsection (2) insert—
(2A)But where the Secretary of State disagrees with an assessment by an authorised person that assistance and support is necessary, the Secretary of State may override that assessment.
(4)After subsection (4) insert—
(4A)Subsections (1) and (4) do not apply in relation to a child.
(5)After subsection (5) insert—
(5ZA)Subsections (1) and (4) do not impose a duty to secure that assistance or support is available to a person if—
(a)the assistance or support would have been available to the person otherwise than by reason of those subsections but for a contravention, failure or other adverse conduct on the part of the person, and
(b)the Secretary of State or an authorised person is satisfied that the contravention, failure or adverse conduct is not properly attributable to any physical, psychological or social harm which arose from the conduct which resulted in the positive reasonable grounds decision.
(6)In subsection (7), after “section—” insert—.
“authorised person” means a person authorised by the Secretary of State for the purposes of this section;
Amends Modern Slavery Act 2015, section 50A — Identified potential victims etc: assistance and support
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 37, clause 38 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 50A
(1) The Secretary of State must secure that any necessary assistance and support is available to an identified potential victim (within the meaning given by section 61 of the Nationality and Borders Act 2022 (the “2022 Act”)) during the recovery period.
(2) For the purposes of this section, assistance and support is “necessary” if the Secretary of State or an authorised person considers that it is necessary for the purpose of assisting the person receiving it in their recovery from any physical, psychological or social harm arising from the conduct which resulted in the positive reasonable grounds decision in question.
(2A) But where the Secretary of State disagrees with an assessment by an authorised person that assistance and support is necessary, the Secretary of State may override that assessment.
(3) Subsection (4) applies where a further RG decision, within the meaning given by section 62 of the 2022 Act, is made in relation to a person.
(4) If the Secretary of State determines that it is appropriate to do so, the Secretary of State must secure that any necessary assistance and support is available to the person during the period—
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
(4A) Subsections (1) and (4) do not apply in relation to a child.
(5) Any duty under subsection (1) or (4) ceases to apply in relation to a person in respect of whom a determination is made under section 63(2) of the 2022 Act (disqualification from protection).
(5ZA) Subsections (1) and (4) do not impose a duty to secure that assistance or support is available to a person if—
(a) the assistance or support would have been available to the person otherwise than by reason of those subsections but for a contravention, failure or other adverse conduct on the part of the person, and
(b) the Secretary of State or an authorised person is satisfied that the contravention, failure or adverse conduct is not properly attributable to any physical, psychological or social harm which arose from the conduct which resulted in the positive reasonable grounds decision.
(6) In this section, a reference to assistance and support is to assistance and support provided in accordance with—
(a) arrangements referred to in section 49(1)(b), or
(b) regulations made under section 50.
(7) In this section—
“authorised person” means a person authorised by the Secretary of State for the purposes of this section;
“conclusive grounds decision” has the same meaning as in Part 5 of the 2022 Act (see section 69 of that Act);
“recovery period” has the same meaning as in section 61 of that Act.
Explanatory Notes · published by the Government with the Bill
323. This clause amends section 50A of the Modern Slavery Act 2015 (as inserted by section 64 of the Nationality and Borders Act 2022). 324. Subsection (2) amends section 50A(2) to provide that a person authorised by the Secretary of State can take a view on what will constitute ‘necessary’ support and assistance to assist a potential victim in their recovery from any physical, psychological or social harm arising from the conduct which resulted in the positive reasonable grounds decision concerned. 325. Subsection (3) inserts a new subsection (2A) into section 50A. This gives the Secretary of State the power to override an assessment that support and assistance is necessary to assist a potential victim in their recovery, where this assessment is made by an authorised person under section 50A(2). 326. Subsection (4) inserts a new subsection (4A) into section 50A which disapplies subsections (1) and (4) in relation to children. This removes children from the duties on the Secretary of State to secure the necessary assistance and support for potential victims during their initial recovery period and any subsequent recovery periods. This has been done to ensure the legislation properly reflects operational realities, specifically that child victims are supported and safeguarded by local authorities and other agencies via separate existing legal duties, including under the Children Act 1989 and the Social Services and Well-being (Wales) Act 2014. The Department for Education also issues the Statutory Guidance ‘Working together to safeguard children’ to guide multi-agency working to help, protect and promote the welfare of children. 327. Subsection (5) inserts a new subsection (5ZA) into section 50A which provides an exception to the Secretary of State’s duty under sections 50A(1) and (4) to secure that necessary assistance is available to an identified potential victim during the recovery period. The intention is that such services include specific Home Office services to support adult modern slavery victims in addition to wider statutory support services. The exception at subsection (5ZA)(a) will apply where a form of necessary assistance and support (for example, accommodation), is being provided by a support service, but the person’s adverse conduct, contravention or failure (for example, to fulfil basic conditions attaching to the support) has resulted in that support no longer being made available to them. This means that where support, assessed to have been suitable to meet the individual’s modern slavery needs, is removed by a service as a result of the person’s failure, contravention, etc., the Secretary of State will not be under a duty to provide equivalent support. 328. Subsection (5ZA)(b) requires that, before the duties at section 50A(1) and (4) can be disapplied, the Secretary of State or authorised person must be satisfied that the victim’s adverse conduct, contravention or failure to meet the requirements of wider state support services is not attributable to harm caused by the modern slavery experience that led to their positive reasonable grounds decision. 329. Subsection (6) inserts the definition of an “authorised person” for the purposes of section 50A of the MSA 2015.
Amendments tabled 8, including 4 from the Government

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 70
Green Party: Siân Berry, Green Spokesperson (Home) Removes words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would remove the provision which enables the Secretary of State to override an assessment that a potential victim of slavery or trafficking requires assistance and support.

Effect on the clause · the printed text with this amendment applied
44:36(2) In subsection (2), after “the Secretary of State” insert “or an authorised person”.
45:1(3) After subsection (2) insert—
45:2“(2A) But where the Secretary of State disagrees with an assessment by an
45:3authorised person that assistance and support is necessary, the
45:4Secretary of State may override that assessment.”
45:5(4) After subsection (4) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 1, leave out subsection (3)
Amendment 71
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would require parties considering whether a potential victim of slavery or trafficking requires assistance and support to consider the best interests of the person (and any dependent children) and to comply with the Convention on Action against Trafficking in Human Beings and the ECHR.

Effect on the clause · the printed text with this amendment applied
45:3authorised person that assistance and support is necessary, the
45:4Secretary of State may override that assessment.”
(3A) In considering whether assistance and support is necessary, the Secretary of State or an authorised person must have regard to—
(a) the best interests of the person receiving such assistance and support and of any children dependent on that person;
(b) the need to ensure that assistance and support is provided on the basis of the individual needs of the person receiving it; and
(c) the need to act in a way which is compatible with the Council of Europe Convention on Action against Trafficking in Human Beings and the European Convention on Human Rights.
45:5(4) After subsection (4) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 4, at end insert—
“(3A) In considering whether assistance and support is necessary, the Secretary of State or an authorised person must have regard to—
(a) the best interests of the person receiving such assistance and support and of any children dependent on that person;
(b) the need to ensure that assistance and support is provided on the basis of the individual needs of the person receiving it; and
(c) the need to act in a way which is compatible with the Council of Europe Convention on Action against Trafficking in Human Beings and the European Convention on Human Rights.”
Amendment 72
Green Party: Siân Berry, Green Spokesperson (Home) Replaces words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would assert that the requirement to provide assistance and support to potential victims of slavery or trafficking does apply to child victims, regardless of whether the child would be otherwise supported by a local or other public authority.

Effect on the clause · the printed text with this amendment applied
45:5(4) After subsection (4) insert—
45:6“(4A) Subsections (1) and (4) do not apply in relation to a child.”
45:7(5) After subsection (5) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 6, leave out “do not apply in relation to a child” and insert “apply in relation to a child, and any necessary assistance and support must be provided in a manner that is age-appropriate, trauma-informed and consistent with the best interests of the child.
(4B) Nothing in this section prevents a local authority or any other public authority from discharging duties owed to a child under any other enactment, and the existence of such duties does not relieve the Secretary of State of the duties imposed by this section.”
Amendment 120 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment and amendments 121 and 122 clarify that where assistance or support of a particular kind would have been available from elsewhere had it not been for the victim’s conduct it is only assistance or support of that particular kind that the Secretary of State will no longer be under a duty to provide.

Effect on the clause · the printed text with this amendment applied
45:8“(5ZA) Subsections (1) and (4) do not impose a duty to secure that assistance
45:9or support of a particular kind is available to a person if—
45:10(a) the assistance or support would have been available to the
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 9, after “support” insert “of a particular kind”
Amendment 121 GovernmentNew
Anna Turley, Minister of State (Home Office) Removes words Not yet debated
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 120.

Effect on the clause · the printed text with this amendment applied
45:9or support is available to a person if—
45:10(a) the assistance or support would have been available to the
45:11person otherwise than by reason of those subsections but for
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 10, leave out first “the”
Amendment 122 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 120.

Effect on the clause · the printed text with this amendment applied
45:9or support is available to a person if—
45:10(a) the assistance or support of that kind would have been available to the
45:11person otherwise than by reason of those subsections but for
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 10, after “support” insert “of that kind”
Amendment 123 GovernmentNew
Anna Turley, Minister of State (Home Office) Removes words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment leaves out an unnecessary word from the inserted subsection (5ZA).

Effect on the clause · the printed text with this amendment applied
45:14(b) the Secretary of State or an authorised person is satisfied that
45:15the contravention, failure or adverse conduct is not properly
45:16attributable to any physical, psychological or social harm which
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 15, leave out “properly”
Amendment 73
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would require the Secretary of State to ensure that sufficient funding is provided to local authorities to support child victims of slavery and trafficking, and to report annually on the provision and adequacy of such funding.

Effect on the clause · the printed text with this amendment applied
45:17arose from the conduct which resulted in the positive
45:18reasonable grounds decision.”
(5A) After subsection (6), insert—
“(6A) The Secretary of State must—
(a) ensure that adequate funding and resources are provided to local authorities for the purpose of ensuring that potential victims who are children receive assistance and support which is—
(i) compliant with the obligations of the United Kingdom under Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and
(ii) at least equivalent in nature and extent to that which would be provided to a potential victim who is an adult under this section.
(b) within 12 months of the passing of the Immigration and Asylum Act 2026 and annually thereafter, lay before Parliament a report setting out—
(i) the funding provided to local authorities for the purpose of supporting potential victims who are children,
(ii) an assessment of whether such funding is sufficient to enable compliance with Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and
(iii) the number of potential victims who are children who have not received assistance and support equivalent to that which would have been provided under this section to a potential victim who is an adult.”
45:19(6) In subsection (7), after “section—” insert—
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 18, at end insert—
Show the full text (9 lines)
“(5A) After subsection (6), insert—
“(6A) The Secretary of State must—
(a) ensure that adequate funding and resources are provided to local authorities for the purpose of ensuring that potential victims who are children receive assistance and support which is—
(i) compliant with the obligations of the United Kingdom under Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and
(ii) at least equivalent in nature and extent to that which would be provided to a potential victim who is an adult under this section.
(b) within 12 months of the passing of the Immigration and Asylum Act 2026 and annually thereafter, lay before Parliament a report setting out—
(i) the funding provided to local authorities for the purpose of supporting potential victims who are children,
(ii) an assessment of whether such funding is sufficient to enable compliance with Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and
(iii) the number of potential victims who are children who have not received assistance and support equivalent to that which would have been provided under this section to a potential victim who is an adult.””
44

44 — Content of slavery and human trafficking statements

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)Section 54 (transparency in supply chains etc) is amended as set out in subsections (3) and (4).
(3)For subsections (4) and (5) substitute—
(4)For the purposes of this section, a slavery and human trafficking statement for a financial year is a statement for the financial year that complies with the requirements specified in Schedule 4ZA.
(5)The Secretary of State may by regulations amend Schedule 4ZA so as to add, amend or remove a requirement.
(5A)Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(4)In subsection (12), in the opening words, for “section” substitute “Part”.
(5)In section 58(4) (regulations subject to the affirmative procedure)—
(a)in the opening words, for “section” substitute “subsection”;
(b)after paragraph (j) insert—.
(jza)regulations under section 54(5) (power to amend Schedule 4ZA);
(6)After Schedule 4, insert Schedule 4ZA as set out in Schedule 5 to this Act.
Amends Modern Slavery Act 2015, new Schedule 4ZA — new Schedule 4ZA inserted after Schedule 4
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Modern Slavery Act 2015 — new Schedule 4ZA

A new Schedule 4ZA is inserted into Modern Slavery Act 2015 after Schedule 4 — its text is set out in Schedule 5 to this Bill (shown in full in the Schedules section below).

Amends Modern Slavery Act 2015, section 54 — Transparency in supply chains etc
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 45, clause 46, clause 47, clause 48, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 54
(1) A commercial organisation within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the organisation.
(2) A commercial organisation is within this subsection if it—
(a) supplies goods or services, and
(b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State.
(3) For the purposes of subsection (2)(b), an organisation's total turnover is to be determined in accordance with regulations made by the Secretary of State.
(4) A slavery and human trafficking statement for a financial year is—
(a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place—
(i) in any of its supply chains, and
(ii) in any part of its own business, or
(b) a statement that the organisation has taken no such steps.
(5) An organisation's slavery and human trafficking statement may include information about—
(a) the organisation's structure, its business and its supply chains;
(b) its policies in relation to slavery and human trafficking;
(c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains;
(d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;
(e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate;
(f) the training about slavery and human trafficking available to its staff.
(4) For the purposes of this section, a slavery and human trafficking statement for a financial year is a statement for the financial year that complies with the requirements specified in Schedule 4ZA.
(5) The Secretary of State may by regulations amend Schedule 4ZA so as to add, amend or remove a requirement.
(5A) Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(6) A slavery and human trafficking statement—
(a) if the organisation is a body corporate other than a limited liability partnership, must be approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);
(b) if the organisation is a limited liability partnership, must be approved by the members and signed by a designated member;
(c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a general partner;
(d) if the organisation is any other kind of partnership, must be signed by a partner.
(7) If the organisation has a website, it must—
(a) publish the slavery and human trafficking statement on that website, and
(b) include a link to the slavery and human trafficking statement in a prominent place on that website's homepage.
(8) If the organisation does not have a website, it must provide a copy of the slavery and human trafficking statement to anyone who makes a written request for one, and must do so before the end of the period of 30 days beginning with the day on which the request is received.
(9) The Secretary of State—
(a) may issue guidance about the duties imposed on commercial organisations by this section;
(b) must publish any such guidance in a way the Secretary of State considers appropriate.
(10) The guidance may in particular include further provision about the kind of information which may be included in a slavery and human trafficking statement.
(11) The duties imposed on commercial organisations by this section are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
(12) For the purposes of this sectionPart—
“commercial organisation” means—
(a) a body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom, or
(b) a partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,
and for this purpose “business” includes a trade or profession;
“partnership” means—
(a) a partnership within the Partnership Act 1890,
(b) a limited partnership registered under the Limited Partnerships Act 1907, or
(c) a firm, or an entity of a similar character, formed under the law of a country outside the United Kingdom;
“slavery and human trafficking” means—
(a) conduct which constitutes an offence under any of the following— (i)section 1, 2 or 4 of this Act, (ii)section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland), (iii) section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland), or
(b) conduct which would constitute an offence in a part of the United Kingdom under any of those provisions if the conduct took place in that part of the United Kingdom.
Amends Modern Slavery Act 2015, section 58 — Regulations
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 28, clause 29, clause 33, clause 40, clause 46, clause 47, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 58
(1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—
(a) it contains only regulations under section 61 (commencement), or
(b) it contains regulations to which subsection (4) applies.
(3) A statutory instrument containing regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) This sectionsubsection applies to—
(a) regulations under section 14(4) (power to amend Schedule 1);
(b) regulations under section 31(1) (power to amend section 30);
(c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist;
(d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43);
(e) regulations under section 45(8) (power to amend Schedule 4);
(f) regulations under section 48(6) (independent child trafficking advocates);
(g) regulations under section 50 (identifying and supporting victims);
(h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist;
(i) regulations under section 54(2) (minimum turnover for application of section 54);
(j) the first regulations under section 54(3) (definition of turnover for purposes of section 54);
(jza) regulations under section 54(5) (power to amend Schedule 4ZA);
(ja) ................................
(k) regulations under section 57(2) (consequential provision) which amend, or repeal any provision of, an Act.
(5) Regulations made by the Scottish Ministers under section 43(7)—
(a) are subject to the affirmative procedure if they contain—
(i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(ii) the provision mentioned in section 43(10) (power to modify section 43);
(b) otherwise, are subject to the negative procedure.
(6) The power of the Department of Justice in Northern Ireland to make regulations under section 43(8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations made by the Department of Justice in Northern Ireland under section 43(8) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless they are regulations to which subsection (9) applies.
(8) The Department of Justice in Northern Ireland may not make regulations to which subsection (9) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(9) This subsection applies to regulations under section 43(8) which contain—
(a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(b) the provision mentioned in section 43(10) (power to modify section 43).
(10) Regulations made under this Act may—
(a) make different provision for different purposes;
(b) include saving, transitional, transitory, supplementary or consequential provision.
(11) This section (apart from subsection (10)) does not apply to regulations under paragraph 5 of Schedule 2.
Explanatory Notes · published by the Government with the Bill
331. This clause amends section 54 of the MSA 2015 to provide that a compliant statement is one which complies with the mandatory requirements specified in Schedule 4ZA and provides the Secretary of State may amend that schedule by regulations to add amend, or remove a requirement in that Schedule. 332. Subsection (1) provides that this clause amends section 54 of the Modern Slavery Act 2015. 333. Subsection (2) amends section 54 of the MSA 2015 in accordance with subsections (3) and (4). 334. Subsection (3) replaces subsections (4) and (5) of section 54 with new subsections (4), (5) and (5A). 335. New subsection (4) defines an annual statement as complying with the requirements outlined in Schedule 4ZA 336. New subsections (5) and (5A) provide the Secretary of State with the power to add, amend or remove a requirement in Schedule 4ZA, and requiring the Secretary of State to consult persons they consider appropriate before doing so. 337. Subsection (4) changes the word “section” to “Part” in subsection (12) of section 54. 338. Subsection (5)(a) and (b) makes technical updates to the wording of section 58(4). 339. Subsection (6) inserts the wording “Schedule 4ZA” into Schedule 4.
45

45 — Approval etc of statements

amends
(1)Section 54 of the Modern Slavery Act 2015 (transparency in supply chains etc) is amended as follows.
(2)For subsection (6) substitute—
(6)A slavery and human trafficking statement must be certified either—
(a)by the organisation to which it relates, or
(b)if that organisation is a subsidiary undertaking, by a parent undertaking of the organisation.
(6A)A statement is certified for the purposes of subsection (6) if—
(a)where the organisation doing the certifying is a body corporate other than a limited liability partnership, the statement is approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);
(b)where that organisation is a limited liability partnership, the statement is approved by the members and signed by a designated member;
(c)where that organisation is a limited partnership registered under the Limited Partnerships Act 1907, the statement is signed by a general partner;
(d)where that organisation is any other kind of partnership, the statement is signed by a partner.
(6B)A slavery and human trafficking statement may be approved or signed under subsection (6A) only after the end of the financial year to which the statement relates.
(6C)A slavery and human trafficking statement must—
(a)contain a declaration by the individual signing the statement that the statement is accurate to the best of their knowledge and belief,
(b)if the statement is required to be approved (under subsection (6A)(a) or (b)), specify the date on which it was approved, and
(c)specify the date on which it was signed.
(3)In subsection (12), after the definition of “commercial organisation” insert—.
“parent undertaking” and “subsidiary undertaking” have the same meanings as in the Companies Acts (see section 1162 of the Companies Act 2006);
Amends Modern Slavery Act 2015, section 54 — Transparency in supply chains etc
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 44, clause 46, clause 47, clause 48, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 54
(1) A commercial organisation within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the organisation.
(2) A commercial organisation is within this subsection if it—
(a) supplies goods or services, and
(b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State.
(3) For the purposes of subsection (2)(b), an organisation's total turnover is to be determined in accordance with regulations made by the Secretary of State.
(4) A slavery and human trafficking statement for a financial year is—
(a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place—
(i) in any of its supply chains, and
(ii) in any part of its own business, or
(b) a statement that the organisation has taken no such steps.
(5) An organisation's slavery and human trafficking statement may include information about—
(a) the organisation's structure, its business and its supply chains;
(b) its policies in relation to slavery and human trafficking;
(c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains;
(d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;
(e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate;
(f) the training about slavery and human trafficking available to its staff.
(6) A slavery and human trafficking statement—
(a) if the organisation is a body corporate other than a limited liability partnership, must be approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);
(b) if the organisation is a limited liability partnership, must be approved by the members and signed by a designated member;
(c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a general partner;
(d) if the organisation is any other kind of partnership, must be signed by a partner.
(6) A slavery and human trafficking statement must be certified either—
(a) by the organisation to which it relates, or
(b) if that organisation is a subsidiary undertaking, by a parent undertaking of the organisation.
(6A) A statement is certified for the purposes of subsection (6) if—
(a) where the organisation doing the certifying is a body corporate other than a limited liability partnership, the statement is approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);
(b) where that organisation is a limited liability partnership, the statement is approved by the members and signed by a designated member;
(c) where that organisation is a limited partnership registered under the Limited Partnerships Act 1907, the statement is signed by a general partner;
(d) where that organisation is any other kind of partnership, the statement is signed by a partner.
(6B) A slavery and human trafficking statement may be approved or signed under subsection (6A) only after the end of the financial year to which the statement relates.
(6C) A slavery and human trafficking statement must—
(a) contain a declaration by the individual signing the statement that the statement is accurate to the best of their knowledge and belief,
(b) if the statement is required to be approved (under subsection (6A)(a) or (b)), specify the date on which it was approved, and
(c) specify the date on which it was signed.
(7) If the organisation has a website, it must—
(a) publish the slavery and human trafficking statement on that website, and
(b) include a link to the slavery and human trafficking statement in a prominent place on that website's homepage.
(8) If the organisation does not have a website, it must provide a copy of the slavery and human trafficking statement to anyone who makes a written request for one, and must do so before the end of the period of 30 days beginning with the day on which the request is received.
(9) The Secretary of State—
(a) may issue guidance about the duties imposed on commercial organisations by this section;
(b) must publish any such guidance in a way the Secretary of State considers appropriate.
(10) The guidance may in particular include further provision about the kind of information which may be included in a slavery and human trafficking statement.
(11) The duties imposed on commercial organisations by this section are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
(12) For the purposes of this section—
“commercial organisation” means—
(a) a body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom, or
(b) a partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,
and for this purpose “business” includes a trade or profession;
“parent undertaking” and “subsidiary undertaking” have the same meanings as in the Companies Acts (see section 1162 of the Companies Act 2006);
“partnership” means—
(a) a partnership within the Partnership Act 1890,
(b) a limited partnership registered under the Limited Partnerships Act 1907, or
(c) a firm, or an entity of a similar character, formed under the law of a country outside the United Kingdom;
“slavery and human trafficking” means—
(a) conduct which constitutes an offence under any of the following— (i)section 1, 2 or 4 of this Act, (ii)section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland), (iii) section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland), or
(b) conduct which would constitute an offence in a part of the United Kingdom under any of those provisions if the conduct took place in that part of the United Kingdom.
Explanatory Notes · published by the Government with the Bill
340. This clause amends section 54 of the MSA 2015 to allow for a slavery and human trafficking statement to be approved by a parent organisation on behalf of its subsidiary organisations. This allows for subsidiary organisations that are required to meet the reporting requirements by virtue of section 54 to report as part of a group under their parent organisation. 341. Subsection (1) provides that this clause amends section 54 of the Modern Slavery Act 2015. 342. Subsection (2) replaces section 54(6) with new subsections (6), (6A), (6B) and (6C). 343. New subsection (6) directs that a statement must be certified by the organisation to which it relates or, if it is a subsidiary organisation, it must be certified by the parent of the subsidiary organisation to which it relates. 344. New subsection (6A)(a) to (d) specifies the appropriate person or group of persons with a private organisation that must approve and sign statements. This covers bodies corporate, limited liability partnerships, limited partnerships registered under the Limited Partnerships Act 1907 and any other type of partnership. 345. New subsection (6B) specifies that a statement must only be signed after the end of the financial year to which it relates. 346. New subsection (6C)(a) specifies that a statement must contain a declaration from the person signing the statement that the information contained in it is accurate to the best of their knowledge and belief. 347. New subsection (6C)(b) requires the organisation to include the date on which the statement was approved. 348. New subsection (6C)(d) requires that the statement contains the date on which it was signed. 349. Subsection (3) provides that for the purposes of subsection (12), “parent undertaking” and “subsidiary undertaking” have the same meanings as in the Companies Acts (see section 1162 of the Companies Act 2006).
46

46 — Application to public authorities

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 54 (transparency in supply chains etc), in the heading, at the end insert “: commercial organisations”.
(3)After section 54 insert—
54ZATransparency in supply chains etc: public authorities
(1)A public authority within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the authority.
(2)A public authority is within this subsection if it—
(a)has a total budget of not less than an amount prescribed by regulations made by the Secretary of State, and
(b)is not a commercial organisation within section 54(2).
(3)For the purposes of subsection (2)(a), a public authority’s total budget is to be determined in accordance with regulations made by the Secretary of State.
(4)For the purposes of this section, a slavery and human trafficking statement for a financial year is a statement for the financial year that complies with the requirements specified in Schedule 4ZA.
(5)A slavery and human trafficking statement must be certified either—
(a)by the public authority to which it relates (the “first authority”), or
(b)if the first authority considers it appropriate, by another public authority.
(6)A statement is certified for the purposes of subsection (5) if it is signed—
(a)by the most senior of the officials who have responsibility for the day to day operations of the public authority doing the certifying (or, if there is more than one such senior official, by one of them), or
(b)in a case where a senior official mentioned in paragraph (a) is unable to act for any reason, by the next most senior official of that public authority who is able to act (or, if there is more than one such official, by one of them).
(7)A slavery and human trafficking statement may be signed under subsection (6) only after the end of the financial year to which the statement relates.
(8)A slavery and human trafficking statement must—
(a)contain a declaration by the official signing the statement that the statement is accurate to the best of their knowledge and belief, and
(b)specify the date on which it was signed.
(9)For the purposes of this Part, “public authority” means a person with functions of a public nature.
(10)But this Part does not apply to—
(a)the Security Service,
(b)the Secret Intelligence Service, or
(c)the Government Communications Headquarters.
(11)The Secretary of State may by regulations amend subsection (10) so as to—
(a)add or remove a public authority, or
(b)amend an entry relating to a public authority.
(12)Before making regulations under subsection (11) the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(13)This section (and Schedule 4ZA) and section 54ZB bind the Crown.
(14)The reference to the Crown in subsection (13) does not include—
(a)His Majesty in His private capacity,
(b)His Majesty in right of the Duchy of Lancaster, or
(c)the Duke of Cornwall.
(4)In section 56(3) (interpretation), in the definition of “public authority”—
(a)after “authority”” insert “(except in Part 6)”;
(b)at the end insert “(for its meaning in Part 6, see section 54ZA(9))”.
(5)In section 58(4) (regulations subject to the affirmative procedure), after paragraph (jza) (inserted by section 44(5)) insert—.
(jzb)regulations under section 54ZA(2) (minimum total budget for application of section 54ZA);
(jzc)the first regulations under section 54ZA(3) (definition of total budget for purposes of section 54ZA);
(jzd)regulations under section 54ZA(11) which—
(i)add a public authority to section 54ZA(10), or
(ii)amend an entry in that provision relating to a public authority other than in consequence of the authority having changed its name;
Inserts a new provision into Modern Slavery Act 2015 — after section 54

The inserted text is set out above. · view Modern Slavery Act 2015 on legislation.gov.uk ↗

Amends Modern Slavery Act 2015, section 54 — Transparency in supply chains etc
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 44, clause 45, clause 47, clause 48, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 54
Transparency in supply chains etc : commercial organisations
(1) A commercial organisation within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the organisation.
(2) A commercial organisation is within this subsection if it—
(a) supplies goods or services, and
(b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State.
(3) For the purposes of subsection (2)(b), an organisation's total turnover is to be determined in accordance with regulations made by the Secretary of State.
(4) A slavery and human trafficking statement for a financial year is—
(a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place—
(i) in any of its supply chains, and
(ii) in any part of its own business, or
(b) a statement that the organisation has taken no such steps.
(5) An organisation's slavery and human trafficking statement may include information about—
(a) the organisation's structure, its business and its supply chains;
(b) its policies in relation to slavery and human trafficking;
(c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains;
(d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;
(e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate;
(f) the training about slavery and human trafficking available to its staff.
(6) A slavery and human trafficking statement—
(a) if the organisation is a body corporate other than a limited liability partnership, must be approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);
(b) if the organisation is a limited liability partnership, must be approved by the members and signed by a designated member;
(c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a general partner;
(d) if the organisation is any other kind of partnership, must be signed by a partner.
(7) If the organisation has a website, it must—
(a) publish the slavery and human trafficking statement on that website, and
(b) include a link to the slavery and human trafficking statement in a prominent place on that website's homepage.
(8) If the organisation does not have a website, it must provide a copy of the slavery and human trafficking statement to anyone who makes a written request for one, and must do so before the end of the period of 30 days beginning with the day on which the request is received.
(9) The Secretary of State—
(a) may issue guidance about the duties imposed on commercial organisations by this section;
(b) must publish any such guidance in a way the Secretary of State considers appropriate.
(10) The guidance may in particular include further provision about the kind of information which may be included in a slavery and human trafficking statement.
(11) The duties imposed on commercial organisations by this section are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
(12) For the purposes of this section—
“commercial organisation” means—
(a) a body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom, or
(b) a partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,
and for this purpose “business” includes a trade or profession;
“partnership” means—
(a) a partnership within the Partnership Act 1890,
(b) a limited partnership registered under the Limited Partnerships Act 1907, or
(c) a firm, or an entity of a similar character, formed under the law of a country outside the United Kingdom;
“slavery and human trafficking” means—
(a) conduct which constitutes an offence under any of the following— (i)section 1, 2 or 4 of this Act, (ii)section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland), (iii) section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland), or
(b) conduct which would constitute an offence in a part of the United Kingdom under any of those provisions if the conduct took place in that part of the United Kingdom.
Amends Modern Slavery Act 2015, section 56 — Interpretation
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Modern Slavery Act 2015 — section 56
A1 For the purposes of sections 48 to 53 (identification and protection of victims), “victim of slavery” and “victim of human trafficking” have the meanings given in regulations made by the Secretary of State under section 69 of the Nationality and Borders Act 2022.
(1) For the purposes of any other provision of this Act a person is a victim of slavery if he or she is a victim of—
(a) conduct which constitutes an offence under section 1, or
(b) conduct which would have constituted an offence under that section if that section had been in force when the conduct occurred.
(2) For the purposes of any other provision of this Act a person is a victim of human trafficking if he or she is the victim of—
(a) conduct which constitutes an offence under section 2, or would constitute an offence under that section if the person responsible for the conduct were a UK national, or
(b) conduct which would have been within paragraph (a) if section 2 had been in force when the conduct occurred.
(3) In this Act—
“child” means a person under the age of 18;
“country” includes territory or other part of the world;
“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
“public authority” (except in Part 6) means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal; (for its meaning in Part 6, see section 54ZA (9) )
“UK national” has the meaning given by section 13.
Amends Modern Slavery Act 2015, section 58 — Regulations
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 28, clause 29, clause 33, clause 40, clause 44, clause 47, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 58

Shown with the related paragraph(s) inserted by clauses 28, 29, 33, 40, 44 already in place; only this clause’s change is highlighted.

(1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—
(za) it contains only regulations under section 19A(5) or 26A(5) (power to prescribe persons responsible for electronic monitoring of compliance with orders under Part 2),
(a) it contains only regulations under section 61 (commencement), or
(b) it contains regulations to which subsection (4) applies.
(3) A statutory instrument containing regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) This subsection applies to—
(a) regulations under section 14(4) (power to amend Schedule 1);
(aa) regulations under section 19(6A) (notification requirements for slavery and trafficking prevention orders);
(ab) regulations under section 26(6A) (notification requirements for slavery and trafficking risk orders);
(b) regulations under section 31(1) (power to amend section 30);
(c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist;
(d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43);
(e) regulations under section 45(8) (power to amend Schedule 4);
(f) regulations under section 48(6) (independent child trafficking guardians: general regulations);
(g) regulations under section 50 (identifying and supporting victims);
(h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist;
(i) regulations under section 54(2) (minimum turnover for application of section 54);
(j) the first regulations under section 54(3) (definition of turnover for purposes of section 54);
(jza) regulations under section 54(5) (power to amend Schedule 4ZA);
(jzb) regulations under section 54ZA(2) (minimum total budget for application of section 54ZA);
(jzc) the first regulations under section 54ZA(3) (definition of total budget for purposes of section 54ZA);
(jzd) regulations under section 54ZA(11) which—
(i) add a public authority to section 54ZA(10), or
(ii) amend an entry in that provision relating to a public authority other than in consequence of the authority having changed its name;
(ja) ................................
(k) regulations under section 57(2) (consequential provision) which amend, or repeal any provision of, an Act.
(5) Regulations made by the Scottish Ministers under section 43(7)—
(a) are subject to the affirmative procedure if they contain—
(i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(ii) the provision mentioned in section 43(10) (power to modify section 43);
(b) otherwise, are subject to the negative procedure.
(6) The power of the Department of Justice in Northern Ireland to make regulations under section 43(8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations made by the Department of Justice in Northern Ireland under section 43(8) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless they are regulations to which subsection (9) applies.
(8) The Department of Justice in Northern Ireland may not make regulations to which subsection (9) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(9) This subsection applies to regulations under section 43(8) which contain—
(a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(b) the provision mentioned in section 43(10) (power to modify section 43).
(10) Regulations made under this Act may—
(a) make different provision for different purposes;
(b) include saving, transitional, transitory, supplementary or consequential provision.
(10A) Regulations under section 19A(5) or 26A(5) may make different provision for different areas.
(11) This section (apart from subsection (10)) does not apply to regulations under paragraph 5 of Schedule 2.
Explanatory Notes · published by the Government with the Bill
350. This clause extends the duty to report annually on actions taken to address modern slavery in supply chains to the public sector. 351. Subsection (1) amends section 54 of the MSA 2015. 352. Subsection (2) inserts the term “commercial organisations” into the end of the header in section 54 of the MSA 2015. 353. Subsection (3) inserts a new section 54ZA (Transparency in supply chains etc: public authorities) after section 54. 354. Subsections (1) to (13) of new section 54ZA provide details about how and when a public authority should report and provide an overarching definition of a public authority, including the power for the Secretary of State to make regulations about prescribing the total budget threshold a public authority must have to meet the requirements, and how that is to be calculated. These subsections outline that one statement should be produced per financial year after commencement if the public authority meets the required annual budget threshold. A statement from a public authority must contain a declaration by the official signing the statement is accurate to the best of their knowledge and belief. The statement must be signed and dated by the most senior member of the officials who have responsibility for the day to day operations of the public authority, or the next most senior official, should the most senior person be unable to act for any reason. The statement must be signed only after the end of the financial year to which they relate. 355. New section 54ZA also excludes the security services, the King in his personal capacity and the Duchies of Lancaster and Cornwall from having to report and confers a regulation making power on the Secretary of State to add, amend or delete an organisation from the list that exempts public authorities from reporting, placing an onus on the Secretary of State to consult with those they consider appropriate before doing so. 356. Subsection (4) removes the definition of “public authority” and inserts a new definition based on that in section 6 of the Human Rights Act 1998. 357. Subsection (5) provides that regulations made under this clause are subject to the affirmative procedure.
47

47 — Statements: publication and submission

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 54 (transparency in supply chains etc), omit subsections (7) and (8).
(3)After section 54ZA (inserted by section 46) insert—
54ZBStatements: publication and submission
(1)This section applies in relation to a commercial organisation or public authority that is required to prepare a slavery and human trafficking statement under section 54 or 54ZA.
(2)If the organisation or authority has a website, it must—
(a)publish the slavery and human trafficking statement on that website, and
(b)include a link to the statement in a prominent place on that website’s homepage.
(3)The Secretary of State may by regulations make provision requiring a commercial organisation or public authority—
(a)to submit its slavery and human trafficking statement for a financial year to the Secretary of State by specified electronic means and in a specified electronic form;
(b)if it has a website, to submit a link to its slavery and human trafficking statement for a financial year as it appears on that website to the Secretary of State by specified electronic means.
(4)In subsection (3), “specified” means specified in the regulations.
(5)A commercial organisation or public authority must comply with subsection (2), and regulations under subsection (3), in relation to a slavery and human trafficking statement—
(a)as soon as reasonably practicable after the end of the financial year to which the statement relates, and
(b)in any event before the end of the period of 6 months beginning with the day after the last day of that financial year.
(6)The Secretary of State may by regulations amend the period for the time being specified in subsection (5)(b).
(4)In section 58(4) (regulations subject to the affirmative procedure), after paragraph (jzd) (inserted by section 46(5)) insert—.
(jze)regulations under section 54ZB(6) (power to amend time period in section 54ZB(5)(b));
Inserts a new provision into Modern Slavery Act 2015 — after section 54ZA

The inserted text is set out above. · view Modern Slavery Act 2015 on legislation.gov.uk ↗

Amends Modern Slavery Act 2015, section 54 — Transparency in supply chains etc
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 44, clause 45, clause 46, clause 48, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 54
(1) A commercial organisation within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the organisation.
(2) A commercial organisation is within this subsection if it—
(a) supplies goods or services, and
(b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State.
(3) For the purposes of subsection (2)(b), an organisation's total turnover is to be determined in accordance with regulations made by the Secretary of State.
(4) A slavery and human trafficking statement for a financial year is—
(a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place—
(i) in any of its supply chains, and
(ii) in any part of its own business, or
(b) a statement that the organisation has taken no such steps.
(5) An organisation's slavery and human trafficking statement may include information about—
(a) the organisation's structure, its business and its supply chains;
(b) its policies in relation to slavery and human trafficking;
(c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains;
(d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;
(e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate;
(f) the training about slavery and human trafficking available to its staff.
(6) A slavery and human trafficking statement—
(a) if the organisation is a body corporate other than a limited liability partnership, must be approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);
(b) if the organisation is a limited liability partnership, must be approved by the members and signed by a designated member;
(c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a general partner;
(d) if the organisation is any other kind of partnership, must be signed by a partner.
(7) If the organisation has a website, it must—
(a) publish the slavery and human trafficking statement on that website, and
(b) include a link to the slavery and human trafficking statement in a prominent place on that website's homepage.
(8) If the organisation does not have a website, it must provide a copy of the slavery and human trafficking statement to anyone who makes a written request for one, and must do so before the end of the period of 30 days beginning with the day on which the request is received.
(9) The Secretary of State—
(a) may issue guidance about the duties imposed on commercial organisations by this section;
(b) must publish any such guidance in a way the Secretary of State considers appropriate.
(10) The guidance may in particular include further provision about the kind of information which may be included in a slavery and human trafficking statement.
(11) The duties imposed on commercial organisations by this section are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
(12) For the purposes of this section—
“commercial organisation” means—
(a) a body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom, or
(b) a partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,
and for this purpose “business” includes a trade or profession;
“partnership” means—
(a) a partnership within the Partnership Act 1890,
(b) a limited partnership registered under the Limited Partnerships Act 1907, or
(c) a firm, or an entity of a similar character, formed under the law of a country outside the United Kingdom;
“slavery and human trafficking” means—
(a) conduct which constitutes an offence under any of the following— (i)section 1, 2 or 4 of this Act, (ii)section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland), (iii) section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland), or
(b) conduct which would constitute an offence in a part of the United Kingdom under any of those provisions if the conduct took place in that part of the United Kingdom.
Amends Modern Slavery Act 2015, section 58 — Regulations
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 28, clause 29, clause 33, clause 40, clause 44, clause 46, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 58

Shown with the related paragraph(s) inserted by clauses 28, 29, 33, 40, 44, 46 already in place; only this clause’s change is highlighted.

(1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—
(za) it contains only regulations under section 19A(5) or 26A(5) (power to prescribe persons responsible for electronic monitoring of compliance with orders under Part 2),
(a) it contains only regulations under section 61 (commencement), or
(b) it contains regulations to which subsection (4) applies.
(3) A statutory instrument containing regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) This subsection applies to—
(a) regulations under section 14(4) (power to amend Schedule 1);
(aa) regulations under section 19(6A) (notification requirements for slavery and trafficking prevention orders);
(ab) regulations under section 26(6A) (notification requirements for slavery and trafficking risk orders);
(b) regulations under section 31(1) (power to amend section 30);
(c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist;
(d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43);
(e) regulations under section 45(8) (power to amend Schedule 4);
(f) regulations under section 48(6) (independent child trafficking guardians: general regulations);
(g) regulations under section 50 (identifying and supporting victims);
(h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist;
(i) regulations under section 54(2) (minimum turnover for application of section 54);
(j) the first regulations under section 54(3) (definition of turnover for purposes of section 54);
(jza) regulations under section 54(5) (power to amend Schedule 4ZA);
(jzb) regulations under section 54ZA(2) (minimum total budget for application of section 54ZA);
(jzc) the first regulations under section 54ZA(3) (definition of total budget for purposes of section 54ZA);
(jzd) regulations under section 54ZA(11) which—
(i) add a public authority to section 54ZA(10), or
(ii) amend an entry in that provision relating to a public authority other than in consequence of the authority having changed its name;
(jze) regulations under section 54ZB(6) (power to amend time period in section 54ZB(5)(b));
(ja) ................................
(k) regulations under section 57(2) (consequential provision) which amend, or repeal any provision of, an Act.
(5) Regulations made by the Scottish Ministers under section 43(7)—
(a) are subject to the affirmative procedure if they contain—
(i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(ii) the provision mentioned in section 43(10) (power to modify section 43);
(b) otherwise, are subject to the negative procedure.
(6) The power of the Department of Justice in Northern Ireland to make regulations under section 43(8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations made by the Department of Justice in Northern Ireland under section 43(8) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless they are regulations to which subsection (9) applies.
(8) The Department of Justice in Northern Ireland may not make regulations to which subsection (9) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(9) This subsection applies to regulations under section 43(8) which contain—
(a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(b) the provision mentioned in section 43(10) (power to modify section 43).
(10) Regulations made under this Act may—
(a) make different provision for different purposes;
(b) include saving, transitional, transitory, supplementary or consequential provision.
(10A) Regulations under section 19A(5) or 26A(5) may make different provision for different areas.
(11) This section (apart from subsection (10)) does not apply to regulations under paragraph 5 of Schedule 2.
Explanatory Notes · published by the Government with the Bill
358. This clause clarifies requirements on when and how statements are published and creates a new requirement for statements to be submitted to the Secretary of State through specified electronic means. 359. Subsection (1) amends section 54 of the MSA 2015. 360. Subsection (2) removes subsections (7) and (8) from section 54 of the Modern Slavery Act 2015. 361. Subsection (3) inserts new section 54ZB (Statements: publication and submission) after section 54ZA to impose a new requirement that slavery and human trafficking statements must be submitted to the Secretary of State by specified electronic means. It also specifies that the statement must be submitted no later than six months after the end of the organisation’s financial year. 362. Subsection (1) of new section 54ZB explains that this section relates to commercial or public entities that are required to produce modern slavery statements. 363. Subsection (2) of new section 54ZB states that those organisations must publish a link to their statements on their websites on a prominent place, if they have a website. 364. Subsections (3) and (4) of new section 54ZB state that the Secretary of State may require an organisation to submit a copy of its statement or a link to its statement to them by specified electronic means and these means will be specified in regulations. 365. Subsection (5) of new section 54ZB requires reporting organisations to publish and submit their statement as soon as possible after the end of the financial year and no later than six months after the end of the financial year. 366. Subsection (6) of new section 54ZB gives the power to the Secretary of State to amend the six month time period as specified by regulations. 367. Subsection (4) of clause 47 provides that regulations to amend the six-month time period are subject to the affirmative procedure.
48

48 — Guidance

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 54 (transparency in supply chains etc), omit subsections (9) and (10).
(3)After section 54ZB (inserted by section 47(3)) insert—
54ZCGuidance
(1)The Secretary of State—
(a)may issue guidance about the duties imposed on commercial organisations and public authorities by this Part or about any related matters;
(b)must publish any such guidance in a way the Secretary of State considers appropriate.
(2)The guidance may in particular include provision about the kind of information which may be included in a slavery and human trafficking statement under section 54 or 54ZA (in addition to the information required to be included).
Inserts a new provision into Modern Slavery Act 2015 — after section 54ZB

The inserted text is set out above. · view Modern Slavery Act 2015 on legislation.gov.uk ↗

Amends Modern Slavery Act 2015, section 54 — Transparency in supply chains etc
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 44, clause 45, clause 46, clause 47, clause 49 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 54
(1) A commercial organisation within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the organisation.
(2) A commercial organisation is within this subsection if it—
(a) supplies goods or services, and
(b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State.
(3) For the purposes of subsection (2)(b), an organisation's total turnover is to be determined in accordance with regulations made by the Secretary of State.
(4) A slavery and human trafficking statement for a financial year is—
(a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place—
(i) in any of its supply chains, and
(ii) in any part of its own business, or
(b) a statement that the organisation has taken no such steps.
(5) An organisation's slavery and human trafficking statement may include information about—
(a) the organisation's structure, its business and its supply chains;
(b) its policies in relation to slavery and human trafficking;
(c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains;
(d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;
(e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate;
(f) the training about slavery and human trafficking available to its staff.
(6) A slavery and human trafficking statement—
(a) if the organisation is a body corporate other than a limited liability partnership, must be approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);
(b) if the organisation is a limited liability partnership, must be approved by the members and signed by a designated member;
(c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a general partner;
(d) if the organisation is any other kind of partnership, must be signed by a partner.
(7) If the organisation has a website, it must—
(a) publish the slavery and human trafficking statement on that website, and
(b) include a link to the slavery and human trafficking statement in a prominent place on that website's homepage.
(8) If the organisation does not have a website, it must provide a copy of the slavery and human trafficking statement to anyone who makes a written request for one, and must do so before the end of the period of 30 days beginning with the day on which the request is received.
(9) The Secretary of State—
(a) may issue guidance about the duties imposed on commercial organisations by this section;
(b) must publish any such guidance in a way the Secretary of State considers appropriate.
(10) The guidance may in particular include further provision about the kind of information which may be included in a slavery and human trafficking statement.
(11) The duties imposed on commercial organisations by this section are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
(12) For the purposes of this section—
“commercial organisation” means—
(a) a body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom, or
(b) a partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,
and for this purpose “business” includes a trade or profession;
“partnership” means—
(a) a partnership within the Partnership Act 1890,
(b) a limited partnership registered under the Limited Partnerships Act 1907, or
(c) a firm, or an entity of a similar character, formed under the law of a country outside the United Kingdom;
“slavery and human trafficking” means—
(a) conduct which constitutes an offence under any of the following— (i)section 1, 2 or 4 of this Act, (ii)section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland), (iii) section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland), or
(b) conduct which would constitute an offence in a part of the United Kingdom under any of those provisions if the conduct took place in that part of the United Kingdom.
Explanatory Notes · published by the Government with the Bill
368. This clause updates the provisions on providing guidance on publishing a slavery and human trafficking statement to account for the changes made in this Bill. 369. Subsection (1) amends the MSA 2015. 370. Subsection (2) removes subsections (9) and (10) from section 54. 371. Subsection (3) inserts new section 54ZC Guidance after 54ZB. 372. Subsection (1)(a) and (b) of new section 54ZC enables the Secretary of State to issue guidance for reporting organisations on how to prepare a slavery and human trafficking statement and places a duty on them to publish the guidance in a way they consider appropriate. 373. Subsection (2) of new section 54ZC provides that the guidance may include provision about the kind of information which may be included in a slavery and human trafficking statement, in addition to the information that is required to be included under section 54 or 54ZA.
49

49 — Enforcement

amends
(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 54 (transparency in supply chains etc), omit subsection (11).
(3)After section 54ZC (inserted by section 48(3)) insert—
54ZDEnforcement: financial penalties
(1)The Secretary of State may by regulations make provision for and in connection with the imposition of a financial penalty on a commercial organisation or public authority which, without reasonable excuse, fails to comply with a duty imposed by or under this Part.
(2)Regulations under subsection (1) must provide that the amount of a financial penalty imposed on a commercial organisation or public authority (excluding any interest) may not exceed the higher of—
(a)1% of the relevant amount;
(b)£1 million.
(3)Regulations under subsection (1) must provide that only one financial penalty may be imposed on a commercial organisation or public authority in relation to each slavery and human trafficking statement which is prepared, or required to be prepared, by the organisation or authority for a financial year.
(4)The provision that may be made by regulations under subsection (1) includes, in particular, provision—
(a)for functions in relation to the imposition of financial penalties to be exercisable by the Secretary of State or a person specified in the regulations (“the enforcement authority”);
(b)about the matters to be taken into account by the enforcement authority in determining the amount of a financial penalty;
(c)requiring the enforcement authority to give a warning notice to an organisation or authority before imposing a financial penalty on it;
(d)allowing an organisation or authority to make representations to the enforcement authority in connection with a proposal to impose a financial penalty on it;
(e)for the recovery of costs incurred by the enforcement authority in connection with the imposition of a financial penalty from the organisation or authority on which the penalty is imposed;
(f)for the payment of interest in the event of the late payment of a financial penalty or of costs recoverable by virtue of paragraph (e);
(g)conferring rights of appeal against a financial penalty or a requirement to pay costs;
(h)about the enforcement of a financial penalty or a requirement to pay costs;
(i)about the publication of information relating to an organisation or authority on which a financial penalty is imposed.
(5)A financial penalty received by the enforcement authority is to be paid into the Consolidated Fund.
(6)The Secretary of State may by regulations amend the amount for the time being specified in subsection (2)(b) in order to take account of changes in the value of money.
(7)In this section the relevant amount —
(a)in relation to a commercial organisation, means the organisation’s total turnover determined in accordance with regulations made under section 54(3);
(b)in relation to a public authority, means the authority’s total budget determined in accordance with regulations made under section 54ZA(3).
54ZEEnforcement: other The duties imposed on commercial organisations and public authorities by or under this Part are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
(4)In section 58(4) (regulations subject to the affirmative procedure), after paragraph (jze) (inserted by section 47(4)) insert—.
(jzf)regulations under section 54ZD(1) (financial penalties);
Inserts a new provision into Modern Slavery Act 2015 — after section 54ZC

The inserted text is set out above. · view Modern Slavery Act 2015 on legislation.gov.uk ↗

Amends Modern Slavery Act 2015, section 54 — Transparency in supply chains etc
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 44, clause 45, clause 46, clause 47, clause 48 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 54
(1) A commercial organisation within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the organisation.
(2) A commercial organisation is within this subsection if it—
(a) supplies goods or services, and
(b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State.
(3) For the purposes of subsection (2)(b), an organisation's total turnover is to be determined in accordance with regulations made by the Secretary of State.
(4) A slavery and human trafficking statement for a financial year is—
(a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place—
(i) in any of its supply chains, and
(ii) in any part of its own business, or
(b) a statement that the organisation has taken no such steps.
(5) An organisation's slavery and human trafficking statement may include information about—
(a) the organisation's structure, its business and its supply chains;
(b) its policies in relation to slavery and human trafficking;
(c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains;
(d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;
(e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate;
(f) the training about slavery and human trafficking available to its staff.
(6) A slavery and human trafficking statement—
(a) if the organisation is a body corporate other than a limited liability partnership, must be approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);
(b) if the organisation is a limited liability partnership, must be approved by the members and signed by a designated member;
(c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a general partner;
(d) if the organisation is any other kind of partnership, must be signed by a partner.
(7) If the organisation has a website, it must—
(a) publish the slavery and human trafficking statement on that website, and
(b) include a link to the slavery and human trafficking statement in a prominent place on that website's homepage.
(8) If the organisation does not have a website, it must provide a copy of the slavery and human trafficking statement to anyone who makes a written request for one, and must do so before the end of the period of 30 days beginning with the day on which the request is received.
(9) The Secretary of State—
(a) may issue guidance about the duties imposed on commercial organisations by this section;
(b) must publish any such guidance in a way the Secretary of State considers appropriate.
(10) The guidance may in particular include further provision about the kind of information which may be included in a slavery and human trafficking statement.
(11) The duties imposed on commercial organisations by this section are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
(12) For the purposes of this section—
“commercial organisation” means—
(a) a body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom, or
(b) a partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,
and for this purpose “business” includes a trade or profession;
“partnership” means—
(a) a partnership within the Partnership Act 1890,
(b) a limited partnership registered under the Limited Partnerships Act 1907, or
(c) a firm, or an entity of a similar character, formed under the law of a country outside the United Kingdom;
“slavery and human trafficking” means—
(a) conduct which constitutes an offence under any of the following— (i)section 1, 2 or 4 of this Act, (ii)section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland), (iii) section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland), or
(b) conduct which would constitute an offence in a part of the United Kingdom under any of those provisions if the conduct took place in that part of the United Kingdom.
Amends Modern Slavery Act 2015, section 58 — Regulations
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 28, clause 29, clause 33, clause 40, clause 44, clause 46, clause 47 — only this clause’s changes are highlighted here.
Modern Slavery Act 2015 — section 58

Shown with the related paragraph(s) inserted by clauses 28, 29, 33, 40, 44, 46, 47 already in place; only this clause’s change is highlighted.

(1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—
(za) it contains only regulations under section 19A(5) or 26A(5) (power to prescribe persons responsible for electronic monitoring of compliance with orders under Part 2),
(a) it contains only regulations under section 61 (commencement), or
(b) it contains regulations to which subsection (4) applies.
(3) A statutory instrument containing regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) This subsection applies to—
(a) regulations under section 14(4) (power to amend Schedule 1);
(aa) regulations under section 19(6A) (notification requirements for slavery and trafficking prevention orders);
(ab) regulations under section 26(6A) (notification requirements for slavery and trafficking risk orders);
(b) regulations under section 31(1) (power to amend section 30);
(c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist;
(d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43);
(e) regulations under section 45(8) (power to amend Schedule 4);
(f) regulations under section 48(6) (independent child trafficking guardians: general regulations);
(g) regulations under section 50 (identifying and supporting victims);
(h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist;
(i) regulations under section 54(2) (minimum turnover for application of section 54);
(j) the first regulations under section 54(3) (definition of turnover for purposes of section 54);
(jza) regulations under section 54(5) (power to amend Schedule 4ZA);
(jzb) regulations under section 54ZA(2) (minimum total budget for application of section 54ZA);
(jzc) the first regulations under section 54ZA(3) (definition of total budget for purposes of section 54ZA);
(jzd) regulations under section 54ZA(11) which—
(i) add a public authority to section 54ZA(10), or
(ii) amend an entry in that provision relating to a public authority other than in consequence of the authority having changed its name;
(jze) regulations under section 54ZB(6) (power to amend time period in section 54ZB(5)(b));
(jzf) regulations under section 54ZD(1) (financial penalties);
(ja) ................................
(k) regulations under section 57(2) (consequential provision) which amend, or repeal any provision of, an Act.
(5) Regulations made by the Scottish Ministers under section 43(7)—
(a) are subject to the affirmative procedure if they contain—
(i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(ii) the provision mentioned in section 43(10) (power to modify section 43);
(b) otherwise, are subject to the negative procedure.
(6) The power of the Department of Justice in Northern Ireland to make regulations under section 43(8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations made by the Department of Justice in Northern Ireland under section 43(8) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless they are regulations to which subsection (9) applies.
(8) The Department of Justice in Northern Ireland may not make regulations to which subsection (9) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(9) This subsection applies to regulations under section 43(8) which contain—
(a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(b) the provision mentioned in section 43(10) (power to modify section 43).
(10) Regulations made under this Act may—
(a) make different provision for different purposes;
(b) include saving, transitional, transitory, supplementary or consequential provision.
(10A) Regulations under section 19A(5) or 26A(5) may make different provision for different areas.
(11) This section (apart from subsection (10)) does not apply to regulations under paragraph 5 of Schedule 2.
Explanatory Notes · published by the Government with the Bill
374. This clause introduces powers for the Secretary of State to investigate and impose financial penalties on organisations that do not comply with the requirement to prepare and submit a slavery and trafficking statement in line with section 54, section 54ZA and section 54ZB. 375. Subsection (1) amends section 54 of the Modern Slavery Act 2015. 376. Subsection (2) removes subsection 11 from section 54. 377. Subsection (3) inserts new section 54ZD Enforcement: financial penalties and new section 54ZE Enforcement: Other after section 54ZC. 378. Subsection (1) of new section 54ZD enables the Secretary of State to make regulations providing for and in connection with the imposition of a financial penalty on a commercial organisation or public authority which fails to comply with a duty imposed on it in relation to slavery and human trafficking statements. 379. Subsection (2) of new section 54ZD states that the regulations must provide that the amount of a financial penalty may not exceed 1% of the relevant amount (defined at new section 54ZD(7)) or £1 million, whichever is the highest. 380. Subsection (3) of new section 54ZD states the regulations must provide that only one financial penalty may be imposed on a commercial organisation or public authority in relation to each slavery and human trafficking statement that is prepared or is required to be prepared by the organisation for a financial year. 381. Subsection (4) of new section 54ZD outlines the provisions that may be made but regulations under subsection (1) 382. Subsection (4)(a) provides for regulations in relation to the imposition of financial penalties to be exercisable by the Secretary of State or a person specified in the regulations (“the enforcement authority”). 383. Subsection (4)(b) provides for regulations about the matters to be taken into account by the enforcement authority in determining the amount of a financial penalty. 384. Subsection (4)(c) provides for regulations to require the enforcement authority to give a warning notice to an organisation or authority before imposing a financial penalty. 385. Subsection (4)(d) provides for regulations that allow an organisation or authority to make representations to the enforcement authority in relation to a proposed financial penalty. 386. Subsection (4)(e) provides for regulations for the recovery of costs by the enforcement authority in connection with the imposition of a financial penalty. 387. Subsection (4)(f) provides for regulations for the payment of interest in the event of late payment of a financial penalty or costs recoverable. 388. Subsection (4)(g) provides for regulations that confer rights of appeal against a financial penalty or requirement to pay costs. 389. Subsection (4)(h) provides for regulations about the enforcement of a financial penalty or requirement to pay costs. 390. Subsection (4)(i) provides for regulations about the publication of information relating to an organisation or authority on whom a financial penalty is imposed. 391. Subsection (5) of new section 54ZD requires that a financial penalty received by the enforcement authority is paid into the Consolidated Fund. 392. Subsection (6) of new section 54ZD allows the Secretary of State to, by regulation, amend the amount specified in subsection (2)(b) to take account of any changes in the value of money. 393. Subsection (7) of new section 54ZD defines “the relevant amount” as an organisation’s total turnover, in relation to a commercial organisation as determined in accordance with regulations under section 54(3); or a public authority’s total budget, as determined in accordance with regulations made under section 54ZA(3). 394. New section 54ZE states that the penalties imposed on reporting organisations are enforceable by the Secretary of State by bringing Civil Proceedings via the High Court, in the case of an injunction. For Scotland, this section is enforceable under section 45 of the Court of Session Act 1988. 395. Subsection (4) of clause 49 provides that powers to amend regulations for financial penalties are subject to the affirmative procedure.
Proposed new clause from the Government, to go after clause 49: Liability to deportation of certain residents despite section 7 of the Immigration Act 1971 New clause 5 · Not yet debated
New clause 5 Liability to deportation of certain residents despite section 7 of the Immigration Act 1971Government
Anna Turley, Minister of State (Home Office) New clause Not yet debated
Explanatory statement · what it would do, in the words of the Government

This new clause, to be inserted after clause 49, would enable the Secretary of State to override the exemption from deportation in s.7(1)(b) of the Immigration Act 1971 for certain Commonwealth and Irish citizens where they have behaved in a way that would render them liable to citizenship deprivation.

The proposed clause · as tabled
Show the full text (9 lines)
In section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), after subsection (1) insert—
“(1A) But the Secretary of State may decide that, despite subsection (1)(b), a person to whom subsection (1)(b) applies is liable to deportation (and may accordingly make a deportation order against them under section 5) if the Secretary of State—
(a) has deprived the person of citizenship status under section 40(2) of the British Nationality Act 1981 (deprivation where conducive to public good), or
(b) is satisfied that the person has engaged in behaviour that would render them liable to deprivation of citizenship status under section 40(2) of that Act (whether or not they have such status).
(1B) A decision under subsection (1A) must be taken personally by the Secretary of State.
(1C) The Secretary of State may make a decision under subsection (1A) where the person—
(a) was deprived of citizenship status, or
(b) engaged in behaviour that would render them liable to deprivation of citizenship status,
before subsection (1A) came into force.””
Proposed new clause from the Government, to go after clause 49: Enforcement of decisions of the Immigration Services Commissioner New clause 33 · Not yet debated
New clause 33 Enforcement of decisions of the Immigration Services CommissionerGovernmentNew
Anna Turley, Minister of State (Home Office) New clause Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment would insert a new clause, to go in after clause 49, amending the provision inserted into the Immigration and Asylum Act 1999 about the enforcement of orders made by the Immigration Services Commissioner for penalties, refunds and compensation, so as to make it work effectively in Northern Ireland.

The proposed clause · as tabled
Show the full text (24 lines)
(1) Part 5 of the Immigration and Asylum Act 1999 (immigration advisers and immigration service providers) is amended as follows.
(2) In section 92F (enforcement of penalty notices) (inserted by paragraph 9 of Schedule 1 to the Border Security, Asylum and Immigration Act 2025)—
(a) in subsection (1), after “notice” insert “(“a penalty”)”;
(b) for subsections (2) to (4) substitute—
“(2) In England and Wales, the penalty is recoverable as if it were payable under an order of the county court.
(3) In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4) In Northern Ireland, the penalty is recoverable as if it were payable under an order of the county court.
(5) Where action is taken under this section for the recovery of a penalty, the penalty—
(a) in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;
(b) in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.”
(3) In Schedule 5 (the Immigration Services Commissioner), in paragraph 9C (enforcement of orders to refund fees or pay compensation) (inserted by paragraph 14(5) of the Border Security, Asylum and Immigration Act 2025)—
(a) for sub-paragraph (3) substitute—
(3)Any amount to be refunded or paid under the order (“the amount owing”)—
(a)in England and Wales, is recoverable by P or the Commissioner (on P’s behalf) as if it were payable under an order of the county court;
(b)in Scotland, may be enforced by P or the Commissioner (on P’s behalf) in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland;
(c)in Northern Ireland, is recoverable by P or the Commissioner (on P’s behalf) as if it were payable under an order of the county court.”;
(b) in sub-paragraph (4), for “make an application under sub-paragraph (3)” substitute “take steps to recover or enforce an amount owing”;
(c) for sub-paragraphs (5) and (6) substitute—
(5)Where action is taken under this paragraph for the recovery of an amount to be refunded or paid under an order of the Commissioner, the order—
(a)in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;
(b)in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
(6)For the purposes of this paragraph, an appeal is pending during the period—
(a)starting when the appeal is brought, and
(b)ending when the appeal is finally determined, abandoned or withdrawn.””

Part 6 — General

50

50 — Regulations

new law3 amendments · 1 Government
(1)A power to make regulations under any provision of this Act includes power to make—
(a)consequential, supplementary, incidental, transitional, transitory or saving provision;
(b)different provision for different purposes.
(2)Regulations under this Act are to be made by statutory instrument.
(3)A statutory instrument containing (whether alone or with other provision) regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4)This subsection applies to—
(a)regulations under section 16 which amend, repeal or revoke primary legislation (within the meaning of that section);
(b)regulations under section 21;
(c)regulations under subsection (4) of section 23, other than regulations containing only provision under any of paragraphs (c), (d) or (e) of that subsection.
(5)Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(6)This section does not apply to regulations under section 52.
Explanatory Notes · published by the Government with the Bill
409. This clause sets out how the powers to make regulations conferred on the Secretary of State will be used in practice. 410. Subsection (1) sets out that consequential amendments can be made alongside regulations under any provision in this Bill. 411. Subsection (2) explains that any regulations made using powers granted to the Secretary of State by this Bill must be made by statutory instrument. 412. Subsection (3) and (4) require draft regulations under section 16 (which amend primary legislation), section 21 and subsection 23(4) to be laid and approved by both Houses of Parliament before they can come into effect (the affirmative resolution procedure). This does not apply to regulations under paragraphs (c), (d) or (e) of section 24(4). 413. Subsection (5) sets out that any other statutory instrument containing regulations under the Act is subject to annulment in pursuance of a resolution of either House of Parliament (the negative resolution procedure). 414. Subsection (6) confirms that this clause does not apply to clause 52 (commencement).
Amendments tabled 3, including 1 from the Government

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 69
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would require the Secretary of State to consult with and receive consent from Scottish Ministers before making regulations relating to slavery and human trafficking which affect Scotland.

Effect on the clause · the printed text with this amendment applied
51:40saving provision;
52:1(b) different provision for different purposes.
(1A) Where any provision of this Act includes a power to make regulations and such provision or regulations would affect—
(a) the identification of victims of slavery and human trafficking in Scotland,
(b) the provision of support to victims of slavery and human trafficking in Scotland, or
(c) any duties on Scottish public authorities relating to tackling slavery and human trafficking in Scotland,
the Secretary of State must consult with and receive consent from Scottish Ministers before making such regulations.
52:2(2) Regulations under this Act are to be made by statutory instrument.
The amendment · as tabled, addressed to the printed Bill
Clause 50, page 52, line 1, at end insert—
Show the full text (5 lines)
“(1A) Where any provision of this Act includes a power to make regulations and such provision or regulations would affect—
(a) the identification of victims of slavery and human trafficking in Scotland,
(b) the provision of support to victims of slavery and human trafficking in Scotland, or
(c) any duties on Scottish public authorities relating to tackling slavery and human trafficking in Scotland,
the Secretary of State must consult with and receive consent from Scottish Ministers before making such regulations.”
Amendment 134 GovernmentNew
Anna Turley, Minister of State (Home Office) Replaces words Consequential Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on NC36. The effect of it would be that regulations made under the power in the new clause inserted by NC36 would be subject to the affirmative procedure if they amended primary legislation, and otherwise subject to the negative procedure.

Effect on the clause · the printed text with this amendment applied
52:9legislation (within the meaning of that section);
52:10(b) regulations under section 21;
(b) regulations under section (Core protection: amendments) which amend, repeal or revoke primary legislation (within the meaning of that section);
52:11(c) regulations under subsection (4) of section 23, other than regulations
The amendment · as tabled, addressed to the printed Bill
Clause 50, page 52, line 10, leave out paragraph (b) and insert—
“(b) regulations under section (Core protection: amendments) which amend, repeal or revoke primary legislation (within the meaning of that section);”
Amendment 142 New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson

This amendment would make regulations exempting further categories of people from the requirement to contribute towards the cost of asylum support subject to the affirmative procedure, so that they cannot be made without the approval of both Houses.

Effect on the clause · the printed text with this amendment applied
52:12containing only provision under any of paragraphs (c), (d) or (e) of
52:13that subsection.
(d) regulations under subsection (6)(c) of section 23.
52:14(5) Any other statutory instrument containing regulations under this Act is subject
The amendment · as tabled, addressed to the printed Bill
Clause 50, page 52, line 13, at end insert—
“(d) regulations under subsection (6)(c) of section 23.”
Proposed new clause from the Government, to go after clause 50: Meaning of “the Immigration Acts New clause 34 · Not yet debated
New clause 34 Meaning of “the Immigration ActsGovernmentNew
Anna Turley, Minister of State (Home Office) New clause Not yet debated
Explanatory statement · what it would do, in the words of the Government

This new clause, which would go in after clause 50, would add the Bill to the list of “Immigration Acts” in the UK Borders Act 2007. “The Immigration Acts” is a general term used across the statute book and is defined in the Interpretation Act 1978.

The proposed clause · as tabled
In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—
(a) omit the “and” at the end of paragraph (n);
(b) at the end insert
“, and
(p) the Immigration and Asylum Act 2026.””
51

51 — Extent

new law1 amendment · 1 Government
(1)This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.
(2)Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.
Explanatory Notes · published by the Government with the Bill
415. This clause sets out the extent of the provisions in this Bill. 416. Subsection (1) provides that the Bill extends to England and Wales, Scotland and Northern Ireland, except where it amends another Act, in which case it has the same extent as the provision which it amends.
Amendments tabled 1, including 1 from the Government

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 127 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment provides for the consequential amendment of the British Nationality Act 1981 in paragraph 21 of Schedule 1 to the Bill to extend to the Channel Islands, the Isle of Man and the British overseas territories. The amendment also provides powers for other provisions of the Bill to be extended to the Channel Islands or the Isle of Man.

Effect on the clause · the printed text with this amendment applied
52:20(2) Any amendment, repeal or revocation made by this Act has the same extent
52:21within the United Kingdom as the provision to which it relates.
(3) Paragraph 21 of Schedule 1 (and section 1(3) so far as relating to that paragraph) also extends to the Channel Islands and the Isle of Man and the British overseas territories within the meaning of the British Nationality Act 1981 (see section 50(1) of that Act).
(4) His Majesty may by Order in Council provide—
(a) for any of the provisions of this Act to extend, with or without modification, to the Isle of Man, and
(b) for any of the provisions of Parts 3 and 4, and this Part so far as relating to Parts 3 and 4, to extend, with or without modification, to the Bailiwick of Guernsey.
(5) A power under any provision listed in subsection (6) may be exercised—
(a) so as to extend (with or without modification) to the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (6) relates;
(b) so as to extend (with or without modification) to the Bailiwick of Jersey any amendment or repeal made by or under Part 2 or 5 of this Act of any part of an Act to which the provision listed in subsection (6) relates;
(c) so as to extend (with or without modification) to the Bailiwick of Guernsey any amendment or repeal made by or under Part 2, 3 or 4 of this Act of any part of an Act to which the provision listed in subsection (6) relates.
(6) Those provisions are—
(a) section 36 of the Immigration Act 1971;
(b) section 9(3) of the Special Immigration Appeals Commission Act 1997;
(c) section 170(7) of the Immigration and Asylum Act 1999;
(d) section 163(4) of the Nationality, Immigration and Asylum Act 2002;
(e) section 49(3) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;
(f) section 63(3) of the Immigration, Asylum and Nationality Act 2006;
(g) section 60(4) of the UK Borders Act 2007;
(h) section 60(6) of the Modern Slavery Act 2015;
(i) section 95(5) of the Immigration Act 2016;
(j) section 86(4) of the Nationality and Borders Act 2022;
(k) section 64(4) of the Border Security, Asylum and Immigration Act 2025.
The amendment · as tabled, addressed to the printed Bill
Clause 51, page 52, line 21, at end insert—
Show the full text (20 lines)
“(3) Paragraph 21 of Schedule 1 (and section 1(3) so far as relating to that paragraph) also extends to the Channel Islands and the Isle of Man and the British overseas territories within the meaning of the British Nationality Act 1981 (see section 50(1) of that Act).
(4) His Majesty may by Order in Council provide—
(a) for any of the provisions of this Act to extend, with or without modification, to the Isle of Man, and
(b) for any of the provisions of Parts 3 and 4, and this Part so far as relating to Parts 3 and 4, to extend, with or without modification, to the Bailiwick of Guernsey.
(5) A power under any provision listed in subsection (6) may be exercised—
(a) so as to extend (with or without modification) to the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (6) relates;
(b) so as to extend (with or without modification) to the Bailiwick of Jersey any amendment or repeal made by or under Part 2 or 5 of this Act of any part of an Act to which the provision listed in subsection (6) relates;
(c) so as to extend (with or without modification) to the Bailiwick of Guernsey any amendment or repeal made by or under Part 2, 3 or 4 of this Act of any part of an Act to which the provision listed in subsection (6) relates.
(6) Those provisions are—
(a) section 36 of the Immigration Act 1971;
(b) section 9(3) of the Special Immigration Appeals Commission Act 1997;
(c) section 170(7) of the Immigration and Asylum Act 1999;
(d) section 163(4) of the Nationality, Immigration and Asylum Act 2002;
(e) section 49(3) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;
(f) section 63(3) of the Immigration, Asylum and Nationality Act 2006;
(g) section 60(4) of the UK Borders Act 2007;
(h) section 60(6) of the Modern Slavery Act 2015;
(i) section 95(5) of the Immigration Act 2016;
(j) section 86(4) of the Nationality and Borders Act 2022;
(k) section 64(4) of the Border Security, Asylum and Immigration Act 2025.”
52

52 — Commencement

new law7 amendments · 6 Government
(1)Subject to subsections (3) to (5), this Act comes into force on such day as the Secretary of State may by regulations appoint.
(2)Regulations under subsection (1) may appoint different days for different purposes.
(3)The following provisions come into force on the day on which this Act is passed—
(a)section 24(5);
(b)section 42;
(c)this Part;
(d)any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make regulations.
(4)The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
(a)Part 3;
(b)section 39;
(c)section 43(1) to (4) and (6).
(5)In section 17 —
(a)subsection (3) comes into force at the same time as section 59(2)(a)(i) of the Illegal Migration Act 2023 comes into force;
(b)subsection (5) comes into force at the same time as section 50 of the Border Security, Asylum and Immigration Act 2025 comes fully into force.
(6)The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
(7)The power to make regulations under subsection (6) includes power to make different provision for different purposes.
(8)Regulations under this section that bring any provision of Part 1 into force for specified descriptions of cases may in particular—
(a)make provision for all appeals and bail applications relating to a person to be heard by the same body, subject to any exceptions specified in the regulations;
(b)provide for cases for which proceedings have been commenced in the First-tier Tribunal to be transferred to the Independent Immigration Appeals Authority;
(c)require the Upper Tribunal to remit cases on appeal from the First-tier Tribunal to the Independent Immigration Appeals Authority.
(9)Regulations under this section made in connection with the coming into force of any provision of Part 2 may include provision that has retrospective effect.
(10)Regulations under this section are to be made by statutory instrument.
Explanatory Notes · published by the Government with the Bill
417. This clause sets out when the provisions of the Bill will come into force. 418. Subsections (1) and (2) provide that the Secretary of State may by regulations appoint the day or days on which the provisions in this Bill come into force, with the exception of those provisions which will come into force either when this Bill becomes an Act of Parliament or two months after that date (see subsections (3) to (6)). 419. Subsection (3) sets out which provisions will come into force on the day this Bill becomes an Act of Parliament which are section 24(5), section 42, this Part and any other provision that needs to be brought into force to allow for the making of regulations. 420. Subsection (4) sets out the provisions of this Bill which come into force two months after this Bill becomes an Act of Parliament which are Part 3, section 39 and sections 43(1) to (4) and (6). 421. Subsection (5) sets out that section 17(3) will come into force upon commencement of section 59(2)(a)(i) of the IMA 2023 and section 17(5) will come into force upon commencement of section 50 of the Border Security, Asylum and Immigration Act 2025. 422. Subsections (6) and (7) provide that the Secretary of State may use these powers to make transitional, transitory or saving provisions or different provision for different purposes. 423. Subsection (8) outlines that specific regulations can be made to bring into effect different parts of the operation of the IIAA under Part 1 relating to the application for appeals and bail to be heard by the same body, transfers from the FTT to the IIAA and requiring the Upper Tribunal to remit cases from the FTT to the IIAA. 424. Subsection (9) provides that commencement regulations under Part 2 may have retrospective effect. 425. Subsection (10) outlines that regulations are to be made by statutory instrument.
Amendments tabled 7, including 6 from the Government

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 128 GovernmentNew
Anna Turley, Minister of State (Home Office) Replaces words Consequential Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on amendments 129 and 136.

Effect on the clause · the printed text with this amendment applied
52:2252 Commencement
52:23(1) Subject to subsections (3) to (5), this Act comes into force on such day as the
52:24Secretary of State may by regulations appoint.
The amendment · as tabled, addressed to the printed Bill
Clause 52, page 52, line 23, leave out “(5)” insert “(5B)”
Amendment 47 Government
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment would mean that the new clause inserted by NC5 would come into force on Royal Assent.

Effect on the clause · the printed text with this amendment applied
52:29(a) section 24(5);
52:30(b) section 42;
(ba) section (Liability to deportation of certain residents despite section 7 of the Immigration Act 1971);
52:31(c) this Part;
The amendment · as tabled, addressed to the printed Bill
Clause 52, page 52, line 30, at end insert—
“(ba) section (Liability to deportation of certain residents despite section 7 of the Immigration Act 1971);”
Amendment 62
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would prevent Part 1 of the Bill being brought into force until a report under NC22 is published.

Effect on the clause · the printed text with this amendment applied
52:33exercise on or after the day on which this Act is passed of any power
52:34to make regulations.
(3A) Regulations under subsection (1) may not bring Part 1 into force until the Secretary of State has published and laid before Parliament the report required by section (Report on asylum decision-making).
52:35(4) The following provisions come into force at the end of the period of two
The amendment · as tabled, addressed to the printed Bill
Clause 52, page 52, line 34, at end insert—
“(3A) Regulations under subsection (1) may not bring Part 1 into force until the Secretary of State has published and laid before Parliament the report required by section (Report on asylum decision-making).”
Amendment 135 GovernmentNew
Anna Turley, Minister of State (Home Office) Removes words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment would change the way in which Part 3 (core protection) is commenced, so that instead of it commencing automatically two months after Royal Assent it would be commenced by regulations.

Effect on the clause · the printed text with this amendment applied
52:36months beginning with the day on which this Act is passed—
52:37(a) Part 3;
52:38(b) section 39;
The amendment · as tabled, addressed to the printed Bill
Clause 52, page 52, line 37, leave out paragraph (a)
Amendment 129 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment makes provision about the commencement of the new clause inserted by amendment NC33 .

Effect on the clause · the printed text with this amendment applied
53:6Border Security, Asylum and Immigration Act 2025 comes fully into
53:7force.
(5A) Section (Enforcement of decisions of the Immigration Services Commissioner) comes into force at the time when paragraphs 9 and 14 of Schedule 1 to the Border Security, Asylum and Immigration Act 2025 come fully into force.
53:8(6) The Secretary of State may by regulations make transitional, transitory or
The amendment · as tabled, addressed to the printed Bill
Clause 52, page 53, line 7, at end insert—
“(5A) Section (Enforcement of decisions of the Immigration Services Commissioner) comes into force at the time when paragraphs 9 and 14 of Schedule 1 to the Border Security, Asylum and Immigration Act 2025 come fully into force.”
Amendment 136 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment would delay the commencement of three amendments made by the new Schedule inserted by NS1, so that they come into force only when provisions being amended are brought into force.

Effect on the clause · the printed text with this amendment applied
53:6Border Security, Asylum and Immigration Act 2025 comes fully into
53:7force.
(5B) In Schedule (Core protection: amendments)—
(a) paragraph 9(c) comes into force at the same time as paragraph 3(3) of Schedule 11 to the Immigration Act 2016;
(b) paragraph 28 comes into force at the same time as section 59(3) of the Illegal Migration Act 2023 comes fully into force;
(c) paragraph 51 comes into force at the same time section 135 of the Criminal Justice and Immigration Act 2008 comes into force.
53:8(6) The Secretary of State may by regulations make transitional, transitory or
The amendment · as tabled, addressed to the printed Bill
Clause 52, page 53, line 7, at end insert—
“(5B) In Schedule (Core protection: amendments)—
(a) paragraph 9(c) comes into force at the same time as paragraph 3(3) of Schedule 11 to the Immigration Act 2016;
(b) paragraph 28 comes into force at the same time as section 59(3) of the Illegal Migration Act 2023 comes fully into force;
(c) paragraph 51 comes into force at the same time section 135 of the Criminal Justice and Immigration Act 2008 comes into force.”
Amendment 46 Government
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment would give the Lord Chancellor the power to amend Tribunal Procedure Rules in connection with the commencement of the powers of the IIAA. This may be especially needed if commencement regulations make the kind of provision mentioned in clause 52(8). (See also amendment 43.)

Effect on the clause · the printed text with this amendment applied
53:24of any provision of Part 2 may include provision that has retrospective effect.
53:25(10) Regulations under this section are to be made by statutory instrument.
(11) The Lord Chancellor may by rules made by statutory instrument make amendments to Tribunal Procedure Rules in connection with regulations under subsection (1) that bring Part 1 into force.
(12) Before making rules under subsection (11), the Lord Chancellor must consult the Senior President of Tribunals.
(13) A statutory instrument containing rules under subsection (11) is subject to annulment in pursuance of a resolution of either House of Parliament.
The amendment · as tabled, addressed to the printed Bill
Clause 52, page 53, line 25, at end insert—
“(11) The Lord Chancellor may by rules made by statutory instrument make amendments to Tribunal Procedure Rules in connection with regulations under subsection (1) that bring Part 1 into force.
(12) Before making rules under subsection (11), the Lord Chancellor must consult the Senior President of Tribunals.
(13) A statutory instrument containing rules under subsection (11) is subject to annulment in pursuance of a resolution of either House of Parliament.”
53

53 — Short title

new law

This Act may be cited as the Immigration and Asylum Act 2026.

Explanatory Notes · published by the Government with the Bill
426. This provides that the Bill may be cited as Immigration and Asylum Act 2026.

Schedules

Schedule 1 — Consequential amendments relating to the primary function of the IIAA

Introduced by Section 1(3)

Explanatory Notes · published by the Government with the Bill
115. This schedule makes amendments to a range of primary and secondary legislation to give effect to the transfer of jurisdiction for immigration, nationality and asylum appeals from the First-tier Tribunal to the IIAA. 116. The amendments made by this Schedule include: a. Substituting references to the FTT and Tribunal with references to the IIAA; b. Updating relevant legislation in relation to appeal rights, procedural provisions and interpretative provisions so that they operate by reference to the IIAA; c. Making provision for the application of IIAA Procedure Rules in place of Tribunal Procedure Rules. 117. In order to account for a period of dual running between the FTT and the IIAA, these provisions will be commenced gradually as required.
Amendments tabled 4, including 3 from the Government · 1 would remove the whole Schedule · 4 decided

Changes MPs have proposed to this Schedule at Committee stage, House of Commons, in the order they fall in the text. 3 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 19
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole Schedule Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 54, line 2, leave out Schedule 1

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 22 Government
Anna Turley, Minister of State (Home Office) Adds words Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment would add a further consequential amendment to Schedule 1.

Effect on the Schedule · the printed text with this amendment applied
58:5of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum
58:6Chamber) Rules 2014.
32A In section 5 of the Special Immigration Appeals Commission Act 1997 (procedure), in subsection (2A), for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules (see section 4 of the Immigration and Asylum Act 2026)”.
58:7Other consequential amendments

The amendment refers to the end of line 7; the provision it follows ends on line 6 of page 58 of the print.

The amendment · as tabled, addressed to the printed Bill
Schedule 1, page 58, line 7, at end insert—
“32A In section 5 of the Special Immigration Appeals Commission Act 1997 (procedure), in subsection (2A), for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules (see section 4 of the Immigration and Asylum Act 2026)”.”

This amendment was agreed to.

Amendment 23 Government
Anna Turley, Minister of State (Home Office) Removes words Consequential Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on NC1. The amendment to the Courts Act 2003 made by paragraph 37 of Schedule 1 is no longer necessary as its effect is the same as the provision made at subsection (4)(a) of the new clause inserted by NC1.

Effect on the Schedule · the printed text with this amendment applied
58:29the Immigration and Asylum Act 2026)”.
58:3037 In section 98 of the Courts Act 2003 (register of judgments and orders etc),
58:31in subsection (1)(f)—
58:32(a) omit the “or” at the end of sub-paragraph (iii);
58:33(b) at the end of sub-paragraph (iv) insert “, or
58:34(v) the Independent Immigration Appeals Authority
58:35established under section 1 of the Immigration and
58:36Asylum Act 2026,”.
58:3738 In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (S.I.
The amendment · as tabled, addressed to the printed Bill
Schedule 1, page 58, line 30, leave out paragraph 37

This amendment was agreed to.

Amendment 24 Government
Anna Turley, Minister of State (Home Office) Adds words Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment would add a further consequential amendment to Schedule 1.

Effect on the Schedule · the printed text with this amendment applied
59:4continue to have effect following their
59:5revocation,”.
38A In section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, in subsection (7), in the definition of “deciding authority”, in paragraph (c), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
59:639 In section 55 of the Immigration, Asylum and Nationality Act 2006 (Refugee
The amendment · as tabled, addressed to the printed Bill
Schedule 1, page 59, line 5, at end insert—
“38A In section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, in subsection (7), in the definition of “deciding authority”, in paragraph (c), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.”

This amendment was agreed to.

1

Part 5 of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims) is amended as set out in paragraphs 2 to 12.

2 amends

In the italic heading before section 81, for “Tribunal” substitute “IIAA”.

Amends Nationality, Immigration and Asylum Act 2002, section 81 — Meaning of “the Tribunal
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 1, para 3 — only this paragraph’s changes are highlighted here.
Nationality, Immigration and Asylum Act 2002 — section 81
Appeal to Tribunal IIAA
In this Part “the Tribunal” means the First-tier Tribunal.
3 amends

For section 81 substitute—

81Meaning of “the IIAA” In this Part “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Amends Nationality, Immigration and Asylum Act 2002, section 81 — Meaning of “the Tribunal
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 1, para 2 — only this paragraph’s changes are highlighted here.
Nationality, Immigration and Asylum Act 2002 — section 81
In this Part “the Tribunal” means the First-tier Tribunal.
81 Meaning of “the IIAA” — In this Part “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
4 amends

In section 82 (right of appeal)—

(a)in the heading, for “Tribunal” substitute “IIAA”;
(b)in subsection (1), for “Tribunal” substitute “IIAA”.
Amends Nationality, Immigration and Asylum Act 2002, section 82 — Right of appeal to the Tribunal
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 82
Right of appeal to the Tribunal IIAA
(1) A person (“P”) may appeal to the TribunalIIAA where—
(a) the Secretary of State has decided to refuse a protection claim made by P,
(b) the Secretary of State has decided to refuse a human rights claim made by P, or
(c) the Secretary of State has decided to revoke P's protection status.
(2) For the purposes of this Part—
(a) a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom—
(i) would breach the United Kingdom's obligations under the Refugee Convention, or
(ii) would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
(b) P's protection claim is refused if the Secretary of State makes one or more of the following decisions—
(i) that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention;
(ii) that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
(c) a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection;
(d) “humanitarian protection” is to be construed in accordance with the immigration rules;
(e) “refugee” has the same meaning as in the Refugee Convention.
(3) The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.
5 amends

In section 85 (matters to be considered), for “the Tribunal”, in each place it occurs, substitute “the IIAA”.

Amends Nationality, Immigration and Asylum Act 2002, section 85 — Matters to be considered
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 17 — only this paragraph’s changes are highlighted here.
Nationality, Immigration and Asylum Act 2002 — section 85
(1) An appeal under section 82(1) against a decision shall be treated by the Tribunal IIAA as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).
(2) If an appellant under section 82(1) makes a statement under section 120, the Tribunal IIAA shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84 against the decision appealed against.
(3) Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
(4) On an appeal under section 82(1)... against a decision the Tribunal IIAA may consider... any matter which it thinks relevant to the substance of the decision, including... a matter arising after the date of the decision.
(5) But the Tribunal IIAA must not consider a new matter unless the Secretary of State has given the Tribunal IIAA consent to do so.
(6) A matter is a “new matter” if—
(a) it constitutes a ground of appeal of a kind listed in section 84, and
(b) the Secretary of State has not previously considered the matter in the context of—
(i) the decision mentioned in section 82(1), or
(ii) a statement made by the appellant under section 120.
6 amends

In section 86(2) (determination of appeal), for “The Tribunal” substitute “The IIAA”.

Amends Nationality, Immigration and Asylum Act 2002, section 86 — Determination of appeal
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 86
(1) This section applies on an appeal under section 82(1)...
(2) The TribunalThe IIAA must determine—
(a) any matter raised as a ground of appeal..., and
(b) any matter which section 85 requires it to consider.
(3) ................................
(4) ................................
(5) ................................
(6) ................................
7 amends

Omit sections 86A and 86B (timeframes for determination of certain appeals).

Amends Nationality, Immigration and Asylum Act 2002, section 86A — Timeframe for determination of appeal under section 82(1)(a) where appellant is receiving accommodation support
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 86A
(1) This section applies on an appeal under section 82(1)(a) brought by a person to whom, at the time the appeal is instituted, accommodation is being provided under section 95 or 98 of the Immigration and Asylum Act 1999.
(2) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.
(3) But subsection (2) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
8 amends

In section 104 (pending appeal)—

(a)in subsection (2)—
(i)in paragraph (a), for “section 11 or” substitute “section 7 of the Immigration and Asylum Act 2026 or section”;
(ii)in paragraph (c), for “that Act” substitute “the Tribunals, Courts and Enforcement Act 2007”;
(b)in subsection (4B)(b), after “with” insert “IIAA Procedure Rules or”.
Amends Nationality, Immigration and Asylum Act 2002, section 104 — Pending appeal
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 17 — only this paragraph’s changes are highlighted here.
Nationality, Immigration and Asylum Act 2002 — section 104
(1) An appeal under section 82(1) is pending during the period—
(a) beginning when it is instituted, and
(b) ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).
(2) An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—
(a) an application for permission to appeal under section 11 orsection 7 of the Immigration and Asylum Act 2026 or section 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,
(b) permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or
(c) an appeal has been remitted under section 12 or 14 of that Actthe Tribunals, Courts and Enforcement Act 2007 and is awaiting determination.
(3) ................................
(4) ................................
(4A) An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsection (4B)).
(4B) Subsection (4A) shall not apply to an appeal in so far as it is brought on a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) where the appellant—
(a) ................................
(b) gives notice, in accordance with IIAA Procedure Rules or Tribunal Procedure Rules, that he wishes to pursue the appeal in so far as it is brought on that ground.
(4C) ................................
(5) ................................
9 amends

In section 106 (rules)—

(a)in subsection (3) for “Tribunal Procedure Rules may enable the Tribunal” substitute “IIAA Procedure Rules may enable the IIAA”;
(b)in subsection (4)—
(i)for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules”;
(ii)for “the Tribunal” substitute “the IIAA”.
Amends Nationality, Immigration and Asylum Act 2002, section 106 — Rules
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 106
(1) ................................
(1A) ................................
(2) ................................
(3) In the case of an appeal under section 82......, Tribunal Procedure Rules may enable the TribunalIIAA Procedure Rules may enable the IIAA to certify that the appeal had no merit (and shall make provision for the consequences of the issue of a certificate).
(4) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with Tribunal IIAA Procedure Rules in connection with proceedings under section 82...... to attend before... the Tribunal— IIAA—
(a) to give evidence, or
(b) to produce a document.
(5) A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
10 amends

Omit section 107 (practice directions).

Amends Nationality, Immigration and Asylum Act 2002, section 107 — Practice directions
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 107
(1) ................................
(1A) ................................
(2) ................................
(3) In the case of proceedings under section 82......, or proceedings in the Upper Tribunal arising out of such proceedings, practice directions under section 23 of the Tribunals, Courts and Enforcement Act 2007—
(a) may require the Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter; and
(b) may require the Upper Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter.
(3A) In subsection (3) the reference to a decision of the Tribunal includes—
(a) a decision of the Asylum and Immigration Tribunal, and
(b) a decision of the Immigration Appeal Tribunal.
(4) ................................
(5) ................................
(6) ................................
(7) ................................
11 amends

In section 108(2) (forged documents: proceedings in private), for “The Tribunal” substitute “The IIAA”.

Amends Nationality, Immigration and Asylum Act 2002, section 108 — Forged document: proceedings in private
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 108
(1) This section applies where it is alleged—
(a) that a document relied on by a party to an appeal under section 82... is a forgery, and
(b) that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.
(2) The TribunalThe IIAA—
(a) must investigate the allegation in private, and
(b) may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (1)(b).
12 amends

In section 113 (interpretation), at the appropriate place insert—.

“the IIAA” has the meaning given in section 81;
“IIAA Procedure Rules” means rules made under section 4 of the Immigration and Asylum Act 2026;
Amends Nationality, Immigration and Asylum Act 2002, section 113 — Interpretation
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 17 — only this paragraph’s changes are highlighted here.
Nationality, Immigration and Asylum Act 2002 — section 113
(1) In this Part, unless a contrary intention appears—
“asylum claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention,
...
“human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention)...,
“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 and “Convention rights” shall be construed in accordance with section 1 of that Act,
“ humanitarian protection ” has the meaning given in section 82(2);
...
“the IIAA” has the meaning given in section 81; “IIAA Procedure Rules” means rules made under section 4 of the Immigration and Asylum Act 2026;
“immigration rules” means rules under section 1(4) of the Immigration Act 1971 (general immigration rules),
...
“ protection claim ” has the meaning given in section 82(2)
“ protection status ” has the meaning given in section 82(2)
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol,
...
...
(2) ................................
13

Part 1 of Schedule 10 to the Immigration Act 2016 (immigration bail: main provisions) is amended as set out in paragraphs 14 to 17.

14 amends

In that Part—

(a)for “First-tier Tribunal”, in each place it occurs, substitute “IIAA”;
(b)for “the Tribunal”, in each place it occurs, substitute “the IIAA”.
Amends Immigration Act 2016, Schedule 10 — Immigration bail
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Immigration Act 2016 — Schedule 10

Only the 34 affected provision(s) of Schedule 10 of Immigration Act 2016 are shown (the rest of Schedule 10 is unchanged).

(3) The First-tier Tribunal IIAA may, on an application made to the Tribunal IIAA for the grant of bail to a person, grant that person bail if—
(a) a condition requiring the person to appear before the Secretary of State or the First-tier Tribunal IIAA at a specified time and place;
(7) Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the First-tier Tribunal IIAA if the Secretary of State informs the Tribunal IIAA that the Secretary of State considers that to impose an electronic monitoring condition on the person would be—
(8) Where sub-paragraph (7) applies, the First-tier Tribunal IIAA must not grant immigration bail to the person subject to an electronic monitoring condition.
(1) The Secretary of State or the First-tier Tribunal IIAA must have regard to the matters listed in sub-paragraph (2) in determining—
(f) such other matters as the Secretary of State or the First-tier Tribunal IIAA thinks relevant.
(3) A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal IIAA until after the end of the period of 8 days beginning with the date of the person's arrival in the United Kingdom.
(4) A person must not be granted immigration bail by the First-tier Tribunal IIAA without the consent of the Secretary of State if—
(5) If the Secretary of State or the First-tier Tribunal IIAA decides to grant, or to refuse to grant, immigration bail to a person, the Secretary of State or the Tribunal IIAA must give the person notice of the decision.
(6) Where the First-tier Tribunal IIAA is required under sub-paragraph (5) to a give a person notice of a decision, it must also give the Secretary of State notice of the decision.
(d) involve the exercise of functions by persons other than the Secretary of State or the First-tier Tribunal. IIAA.
(5) If the First-tier Tribunal IIAA has directed that the power in paragraph 6(1) (power to vary bail conditions) is to be exercisable by the Secretary of State in relation to P, the sum is to be paid to the Secretary of State.
(3) The Secretary of State may exercise the power in sub-paragraph (1) in relation to a person to whom immigration bail was granted by the First-tier Tribunal IIAA if the Tribunal IIAA so directs.
(4) If the First-tier Tribunal IIAA gives a direction under sub-paragraph (3), the Tribunal IIAA may not exercise the power in sub-paragraph (1) in relation to the person.
(5) The First-tier Tribunal IIAA may not exercise the power in sub-paragraph (1)(a) so as to amend an electronic monitoring condition.
(6) If the Secretary of State or the First-tier Tribunal IIAA exercises, or refuses to exercise, the power in sub-paragraph (1), the Secretary of State or the Tribunal IIAA must give notice to the person who is on immigration bail.
(7) Where the First-tier Tribunal IIAA is required under sub-paragraph (6) to give notice to a person, it must also give notice to the Secretary of State.
(ii) pursuant to a grant by the First-tier Tribunal IIAA in a case where the Tribunal IIAA has directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and
Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal IIAA
(a) is on immigration bail pursuant to a grant by the First-tier Tribunal IIAA in a case where the Tribunal IIAA has not directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and
(2) Where the person is subject to an electronic monitoring condition, the First-tier Tribunal— IIAA—
(3) This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal IIAA that the Secretary of State considers that—
(4) If, by virtue of paragraph 2(7) or this paragraph, the person is not subject to an electronic monitoring condition, the First-tier Tribunal— IIAA—
(5) This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal IIAA that the Secretary of State—
(a) the Secretary of State, if the Secretary of State granted immigration bail to the arrested person or the First-tier Tribunal IIAA has directed that the power in paragraph 6(1) is exercisable by the Secretary of State in relation to that person, or
(b) otherwise, the First-tier Tribunal. IIAA.
(1) Subject as follows, the Secretary of State must arrange a reference to the First-tier Tribunal IIAA for the Tribunal IIAA to decide whether to grant bail to a person if—
(a) consideration by the First-tier Tribunal IIAA of whether to grant immigration bail to the person;
(a) includes such consideration regardless of whether there is a hearing or the First-tier Tribunal IIAA makes a determination in the case in question;
(b) the First-tier Tribunal IIAA is prevented from granting bail to the person by paragraph 3(4) (requirement for Secretary of State's consent to bail).
(b) the person has given to the Secretary of State, and has not withdrawn, written notice that the person does not wish the person's case to be referred to the First-tier Tribunal IIAA under this paragraph.
(7) A reference to the First-tier Tribunal IIAA under this paragraph in relation to a person is to be treated for all purposes as an application by that person for the grant of bail under paragraph 1(3).
(1) Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal IIAA under this Schedule and matters arising out of such applications.
(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal IIAA has decided not to grant a person immigration bail, the Tribunal IIAA must dismiss without a hearing any further application for the person to be granted immigration bail which—
15 amends

In the italic heading before paragraph 12, for “Tribunal” substitute “IIAA”.

Amends Immigration Act 2016, Schedule 10, para 12 — 12
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 1, para 16 — only this paragraph’s changes are highlighted here.
Immigration Act 2016 — Schedule 10, para 12
Tribunal IIAA Procedure Rules
(1) Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under this Schedule and matters arising out of such applications.
(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to grant a person immigration bail, the Tribunal must dismiss without a hearing any further application for the person to be granted immigration bail which—
(a) is an application to which sub-paragraph (3) applies, but
(b) is not an application to which sub-paragraph (4) applies.
(3) This sub-paragraph applies to an application made during the period of 28 days beginning with the date of the decision mentioned in sub-paragraph (2).
(4) This sub-paragraph applies to an application on which the person demonstrates there has been a material change in the person's circumstances.
16 amends

In paragraph 12 (IIAA Procedure Rules), in sub-paragraphs (1) and (2), for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules”.

Amends Immigration Act 2016, Schedule 10, para 12 — 12
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 1, para 15 — only this paragraph’s changes are highlighted here.
Immigration Act 2016 — Schedule 10, para 12
(1) Tribunal Procedure RulesIIAA Procedure Rules must make provision with respect to applications to the First-tier Tribunal under this Schedule and matters arising out of such applications.
(2) Tribunal Procedure RulesIIAA Procedure Rules must secure that, where the First-tier Tribunal has decided not to grant a person immigration bail, the Tribunal must dismiss without a hearing any further application for the person to be granted immigration bail which—
(a) is an application to which sub-paragraph (3) applies, but
(b) is not an application to which sub-paragraph (4) applies.
(3) This sub-paragraph applies to an application made during the period of 28 days beginning with the date of the decision mentioned in sub-paragraph (2).
(4) This sub-paragraph applies to an application on which the person demonstrates there has been a material change in the person's circumstances.
17 amends

After paragraph 13 insert—

Interpretation: the IIAA and IIAA Procedure Rules
13AIn this Schedule— “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026; “IIAA Procedure Rules” means rules made under section 4 of that Act.
Inserts a new provision into Immigration Act 2016 — Schedule 10, after paragraph 13

The inserted text is set out above. · view Immigration Act 2016 on legislation.gov.uk ↗

18 amends

In Schedule 3 to the Immigration Act 1971 (supplementary provisions as to deportation), in paragraph 2 (detention or control pending deportation)—

(a)in sub-paragraph (5), for “First-tier Tribunal” substitute “IIAA”;
(b)in sub-paragraph (6), for “First-tier Tribunal” substitute “IIAA”;
(c)at the end insert—
(8)In this paragraph, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Amends Immigration Act 1971, Schedule 3, para 2 — 2
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Immigration Act 1971 — Schedule 3, para 2
(1) Where a recommendation for deportation made by a court is in force in respect of any person, and that person is not detained in pursuance of the sentence or order of any court, he shall... be detained pending the making of a deportation order in pursuance of the recommendation, unless—
(a) the court by which the recommendation is made grants bail to the person, or
(b) the person is released on immigration bail under Schedule 10 to the Immigration Act 2016.
(1A) Where—
(a) a recommendation for deportation made by a court on conviction of a person is in force in respect of him; and
(b) he appeals against his conviction or against that recommendation,
the powers that the court determining the appeal may exercise include power to release the person on bail without setting aside the recommendation.
(2) A person (“P”) who is not detained in pursuance of the sentence or order of a court may be detained under the authority of the Secretary of State—
(a) while the Secretary of State considers whether to make a deportation order against P, and
(b) where the Secretary of State decides to make a deportation order against P, pending the making of the deportation order.
(2A) Sub-paragraph (2) applies only if—
(a) the Secretary of State has notified P in writing that the Secretary of State is considering whether to make a deportation order against P, or
(b) where no notice has been given under paragraph (a), the Secretary of State has notified P in writing that the Secretary of State has decided to make a deportation order against P.
(3) Where a deportation order is in force against any person, he may be detained under the authority of the Secretary of State pending his removal or departure from the United Kingdom (and if already detained by virtue of sub-paragraph (1) or (2) above when the order is made, shall continue to be detained unless he is released on immigration bail under Schedule 10 to the Immigration Act 2016.
(3A) A person liable to be detained under sub-paragraph (1), (2) or (3) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision whether to make a deportation order, or the deportation order, to be made, or the removal to be carried out.
(3B) Sub-paragraphs (1) to (3) apply regardless of whether there is anything that for the time being prevents the decision or the deportation order from being made or the removal from being carried out.
(3C) Sub-paragraphs (3A) and (3B) are subject to sub-paragraph (4ZA) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).
(3D) Sub-paragraph (3E) applies if, while a person is detained under sub-paragraph (1), (2) or (3), the Secretary of State no longer considers that the decision or the deportation order will be made or the removal will be carried out within a reasonable period of time.
(3E) The person may be detained under that sub-paragraph for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.
(4) In relation to detention under sub-paragraph (2) or (3) above, paragraphs 17, 18, 18A and 25A to 25E of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him.
(4ZA) The detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
(5) The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier TribunalIIAA apply in relation to the grant of bail by the court under sub-paragraph (1) or (1A).
(6) If the court grants bail to a person under sub-paragraph (1) or (1A), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier TribunalIIAA under that Schedule.
(7) A reference in any provision of, or made under, an enactment other than this paragraph to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under sub-paragraph (1) or (1A) or (as the case may be) a condition imposed by the court on the grant of such bail.
(8) In this paragraph, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
19 amends

In Schedule 3 to the Special Immigration Appeals Commission Act 1997 (bail: modifications of Schedule 10 to the Immigration Act 2016)—

(a)for “First-tier Tribunal”, in each place it occurs, substitute “IIAA”;
(b)for “the Tribunal”, in each place it occurs, substitute “the IIAA”.
Amends Special Immigration Appeals Commission Act 1997, Schedule 3 — Bail: Modifications of Schedule 10 to the Immigration Act 2016
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Special Immigration Appeals Commission Act 1997 — Schedule 3

Only the 17 affected provision(s) of Schedule 3 of Special Immigration Appeals Commission Act 1997 are shown (the rest of Schedule 3 is unchanged).

(a) for “The First-tier Tribunal” IIAA” there were substituted “ The Special Immigration Appeals Commission ”, and
(b) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
(a) in sub-paragraphs (1)(a), (7) and (8) for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”, and
(b) in sub-paragraph (7) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
(a) in sub-paragraphs (1), (2)(f), (3), (4), (5) and (6) for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”, and
(b) in sub-paragraph (5) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
4 Paragraph 4(2)(d) (arrangements under electronic monitoring condition) has effect as if for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”.
5 Paragraph 5(5) (payment of sum under financial condition) has effect as if for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”.
(a) in sub-paragraphs (3), (4), (6) and (7) for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”,
(b) in sub-paragraph (5) for “The First-tier Tribunal” IIAA” there were substituted “ The Special Immigration Appeals Commission, ”, and
(c) in sub-paragraphs (3), (4) and (6) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
(a) for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”, and
(b) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
8 Paragraph 8 (amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal) IIAA) has effect as if—
(a) in sub-paragraphs (1)(a), (2), (3), (4) and (5) for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”, and
(b) in sub-paragraph (1)(a) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
9 Paragraph 10(10) (meaning of “relevant authority”) has effect as if for “the First-tier Tribunal” IIAA” in both places there were substituted “ the Special Immigration Appeals Commission ”.
20 amends

In section 36 of the UK Borders Act 2007 (detention)—

(a)in subsection (3A), for “First-tier Tribunal” substitute “IIAA”;
(b)in subsection (3B), for “First-tier Tribunal” substitute “IIAA”;
(c)after subsection (3B) insert—
(3BA)In subsections (3A) and (3B), “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Amends UK Borders Act 2007, section 36 — Detention
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UK Borders Act 2007 — section 36
(1) A person who has served a period of imprisonment may be detained under the authority of the Secretary of State—
(a) while the Secretary of State considers whether section 32(5) applies, and
(b) where the Secretary of State thinks that section 32(5) applies, pending the making of the deportation order.
(1A) A person liable to be detained under subsection (1) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision as to whether section 32(5) applies, or the deportation order, to be made.
(1B) Subsection (1) applies regardless of whether there is anything that for the time being prevents the decision or the deportation order from being made.
(1C) Subsections (1A) and (1B) are subject to subsection (2A) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).
(1D) Subsection (1E) applies if, while a person is detained under subsection (1), the Secretary of State no longer considers that the decision or the deportation order will be made within a reasonable period of time.
(1E) The person may be detained under subsection (1) for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.
(2) Where a deportation order is made in accordance with section 32(5) the Secretary of State shall exercise the power of detention under paragraph 2(3) of Schedule 3 to the Immigration Act 1971 (c. 77) (detention pending removal) unless the person is granted immigration bail under Schedule 10 to the Immigration Act 2016.
(2A) The detention under subsection (1) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
(3) A court determining an appeal against conviction or sentence may release a person on bail from detention under subsection (1) or (2).
(3A) The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier TribunalIIAA apply in relation to the grant of bail by the court under subsection (3).
(3B) If the court grants bail to a person under subsection (3), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier TribunalIIAA under that Schedule.
(3BA) In subsections (3A) and (3B), “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
(3C) A reference in any provision of, or made under, an enactment other than this section to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under subsection (3) or (as the case may be) a condition imposed by the court on the grant of such bail.
(4) Provisions of the Immigration Act 1971 which apply to detention under paragraph 2(3) of Schedule 3 to that Act shall apply to detention under subsection (1)....
(5) ................................
21 amends

In section 40A of the British Nationality Act 1981 (deprivation of citizenship: appeal), in subsection (1), for “the First-tier Tribunal” substitute “the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026”.

Amends British Nationality Act 1981, section 40A — Deprivation of citizenship: appeal
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
British Nationality Act 1981 — section 40A
(1) A person—
(a) who is given notice under section 40(5) of a decision to make an order in respect of the person under section 40, or
(b) in respect of whom an order under section 40 is made without the person having been given notice under section 40(5) of the decision to make the order,
may appeal against the decision to the First-tier Tribunalthe Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
(2) Subsection (1) shall not apply to a decision if the Secretary of State certifies that it was taken wholly or partly in reliance on information which in his opinion should not be made public—
(a) in the interests of national security,
(b) in the interests of the relationship between the United Kingdom and another country, or
(c) otherwise in the public interest.
(2A) In the case of an order made as described in subsection (1)(b), for the purposes of any rule or other provision limiting the time within which an appeal under this section may be brought, time does not start to run unless and until the person is given notice of the fact that the order has been made (see section 40(5D) and Schedule 4A).
(2B) Where—
(a) an order under section 40 is made in respect of a person, and
(b) the person appeals against the decision to make the order (under this section or under section 2B of the Special Immigration Appeals Commission Act 1997),
the order continues to have effect during the appeal period.
(2C) The appeal period is the period—
(a) beginning with—
(i) the day on which the person appeals against the decision, or
(ii) if the order is made after that day, the day on which the order is made, and
(b) ending with the day on which the appeal is finally determined, withdrawn or abandoned.
(2D) For the purposes of subsection (2C) an appeal is not finally determined until the decision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission).
(3) The following provisions of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall apply in relation to an appeal under this section as they apply in relation to an appeal under section 82...of that Act—
(a) ................................
(b) ................................
(c) section 106 (rules),...
(d) section 107 (practice directions), and
(e) section 108 (forged document: proceedings in private).
(6) ................................
(7) ................................
(8) ................................
22

The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), as they continue to have effect following their revocation, are amended as set out in paragraphs 23 to 25.

23 amends

In Part 6 (appeals)—

(a)for “First-tier Tribunal”, in each place it occurs, substitute “IIAA”;
(b)in regulation 35(1) (interpretation of Part 6), after the definition of “Commission” insert—;
“IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(c)in regulation 36(11), for “the Tribunal” substitute “the IIAA”.
Amends The Immigration (European Economic Area) Regulations 2016, Part 6 — APPEALS UNDER THESE REGULATIONS
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
The Immigration (European Economic Area) Regulations 2016 — Part 6

Only the 8 affected provision(s) of Part 6 of The Immigration (European Economic Area) Regulations 2016 are shown (the rest of Part 6 is unchanged).

(9) Except where an appeal lies to the Commission, an appeal under these Regulations lies to the First-tier Tribunal. IIAA.
(10) The provisions of, or made under, the 2002 Act referred to in Schedule 2 have effect for the purposes of an appeal under these Regulations to the First-tier Tribunal IIAA in accordance with that Schedule.
(11) Nothing in this Part prevents a person who has a right of appeal under this regulation from appealing to the First-tier Tribunal IIAA under section 82(1) of the 2002 Act (right of appeal to the Tribunal), or, where relevant, to the Commission pursuant to section 2 of the 1997 Act (jurisdiction of the Commission: appeals), provided the criteria for bringing such an appeal under those Acts are met.
(6) Where a certificate is issued under paragraph (2) or (4) in respect of a pending appeal to the First-tier Tribunal IIAA or Upper Tribunal the appeal must lapse.
40. Effect of appeals to the First-tier Tribunal IIAA or Upper Tribunal
(1) This regulation applies to appeals under these Regulations made to the First-tier Tribunal IIAA or Upper Tribunal.
(c) a date for P’s appeal has been set by the First-tier Tribunal IIAA or Upper Tribunal;
(d) P wants to make submissions before the First-tier Tribunal IIAA or Upper Tribunal in person; and
Amends The Immigration (European Economic Area) Regulations 2016, regulation 35 — Interpretation of Part 6
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The Immigration (European Economic Area) Regulations 2016 — regulation 35
(1) In this Part—
“the 1997 Act” means the Special Immigration Appeals Commission Act 1997;
“Commission” has the same meaning as in the 1997 Act.
“IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(2) For the purposes of this Part, and subject to paragraphs (3) and (4), an appeal is to be treated as pending during the period when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
(3) An appeal is not to be treated as finally determined while a further appeal may be brought; and, if such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
(4) A pending appeal is not to be treated as abandoned solely because the appellant leaves the United Kingdom.
Amends The Immigration (European Economic Area) Regulations 2016, regulation 36 — Appeal rights
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
The Immigration (European Economic Area) Regulations 2016 — regulation 36
(1) The subject of an EEA decision may appeal against that decision under these Regulations.
(2) If a person claims to be an EEA national, that person may not appeal under these Regulations without producing a valid national identity card or passport issued by an EEA State.
(3) If a person claims to be in a durable relationship with an EEA national, that person may not appeal under these Regulations without producing—
(a) a valid passport; and
(b) either—
(i) an EEA family permit; or
(ii) sufficient evidence to satisfy the Secretary of State that the person is in a relationship with the EEA national.
(4) If a person to whom paragraph (2) does not apply claims to be the family member of an EEA national under regulation 7, the relative of an EEA national who is an extended family member under regulation 8, or a family member who has retained the right of residence under regulation 10, that person may not appeal under these Regulations without producing—
(a) a valid passport; and
(b) either—
(i) an EEA family permit
(ii) a qualifying EEA State residence card;
(iii) in the case of a person claiming to be the family member of an EEA national, proof that the definition of “family member” in regulation 7(1) is met;...
(iv) in the case of a person claiming to be a family member who has retained the right of residence, proof that the definition of “family member who has retained the right of residence” in regulation 10(1) is met; or
(v) in the case of a person claiming to be the relative of an EEA national who is an extended family member, proof that the definition of “extended family member” in regulation 8(1) is met.
(5) If a person (“P”) claims to have a derivative right to reside, P may not appeal under these Regulations unless P produces a valid national identity card issued by an EEA State or a valid passport, and either—
(a) an EEA family permit; or
(b) where P claims to have a derivative right to reside as a result of—
(i) regulation 16(2), proof that P is a direct relative or legal guardian of an EEA national who is under the age of 18;
(ii) regulation 16(3), proof that P is the child of an EEA national;
(iii) regulation 16(4), proof that P is a direct relative or legal guardian of the child of an EEA national;
(iv) regulation 16(5), proof that P is a direct relative or legal guardian of a British citizen;
(v) regulation 16(6), proof that P is under the age of 18 and is a dependant of a person satisfying the criteria in paragraph (i), (iii) or (iv).
(6) If a person claims to be entitled to a right to reside under regulation 9 (family members or extended family members of British citizens), that person may not appeal without producing a valid passport and either—
(a) an EEA family permit; or
(b) in respect of a family member, a qualifying EEA State residence card; and
(i) proof that the criteria to be a family member of the British citizen are met; and
(ii) proof that the British citizen is residing, or did reside, in another EEA State as a worker, self-employed person, self-sufficient person or student.
(c) in respect of an extended family member—
(i) ................................
(ii) proof that—
(aa) the condition in regulation 9(1A)(b) is met;
(bb) the criteria to be an extended family member of the British citizen are met, and
(cc) the British citizen is residing, or did reside, in another EEA State as a worker, self-employed person, self-sufficient person or a student.
(7) The Secretary of State or an immigration officer may certify a ground for the purposes of paragraph (8) if it has been considered in a previous appeal brought under these Regulations or under section 82(1) of the 2002 Act.
(8) A person may not bring an appeal under these Regulations on a ground certified under paragraph (7) or rely on such a ground in an appeal brought under these Regulations.
(9) Except where an appeal lies to the Commission, an appeal under these Regulations lies to the First-tier Tribunal.
(10) The provisions of, or made under, the 2002 Act referred to in Schedule 2 have effect for the purposes of an appeal under these Regulations to the First-tier Tribunal in accordance with that Schedule.
(11) Nothing in this Part prevents a person who has a right of appeal under this regulation from appealing to the First-tier Tribunal under section 82(1) of the 2002 Act (right of appeal to the Tribunalthe IIAA), or, where relevant, to the Commission pursuant to section 2 of the 1997 Act (jurisdiction of the Commission: appeals), provided the criteria for bringing such an appeal under those Acts are met.
(12) Where there is a requirement under this regulation to produce an EEA family permit—
(a) where notice of appeal is given electronically, the permit may be produced either in paper or electronic form;
(b) in all other cases, the permit must be produced in paper form.
24 amends

In Schedule 2 (appeals)—

(a)in the heading, for “First-tier Tribunal” substitute “IIAA”;
(b)in paragraph 1—
(i)for “First-tier Tribunal” substitute “IIAA”;
(ii)for “the Tribunal” substitute “the IIAA”;
(c)omit paragraph 1A;
(d)in paragraph 3, for the words from the beginning to “2007” substitute “IIAA Procedure Rules made under section 4 of the Immigration and Asylum Act 2026”.
Amends The Immigration (European Economic Area) Regulations 2016, Schedule 2 — APPEALS TO THE FIRST-TIER TRIBUNAL
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
The Immigration (European Economic Area) Regulations 2016 — Schedule 2
APPEALS TO THE FIRST-TIER TRIBUNAL IIAA
1. The following provisions of, or made under, the 2002 Act have effect in relation to an appeal under these Regulations to the First-tier Tribunal IIAA as if it were an appeal against a decision of the Secretary of State under section 82(1) of the 2002 Act (right of appeal to the Tribunal)— IIAA)—
section 84 (grounds of appeal), as though the sole permitted grounds of appeal were that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom (“an EU ground of appeal”);
section 85 (matters to be considered), as though—
(a) the references to a statement under section 120 of the 2002 Act include, but are not limited to, a statement under that section as applied by paragraph 2; and
(b) a “matter” in subsection (2) and a “new matter” in subsection (6) include a ground of appeal of a kind listed in section 84 of the 2002 Act and an EU ground of appeal;
section 86 (determination of appeal);
section 105 and any regulations made under that section; and
section 106 and any rules made pursuant to that section.
1A. Section 86B of the 2002 Act (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) applies in relation to an appeal under these Regulations to the First-tier Tribunal as it applies in relation to an appeal under section 82(1) of the 2002 Act but as if for subsection (4) there were substituted—(4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.
2.
(1) Section 92(3) of the 2002 Act has effect as though an additional basis upon which an appeal under section 82(1)(b) of that Act (human rights claim appeal) must be brought from outside the United Kingdom were that—
(a) the claim to which that appeal relates arises from an EEA decision or the consequences of an EEA decision; and
(b) the removal of that person from the United Kingdom has been certified under regulation 33 (human rights considerations and interim orders to suspend removal).
(2) Section 120 of the 2002 Act applies to a person (“P”) if an EEA decision has been taken or may be taken in respect of P and, accordingly, the Secretary of State or an immigration officer may by notice require a statement from P under subsection (2) of that section, and that notice has effect for the purpose of section 96(2) of the 2002 Act.
(3) Where section 120 of the 2002 Act so applies, it has effect as though—
(a) subsection (3) also provides that a statement under subsection (2) need not repeat reasons or grounds relating to the EEA decision under challenge previously advanced by P;
(b) subsection (5) also applies where P does not have a right to reside.
(4) For the purposes of an appeal brought under section 82(1) of the 2002 Act, subsections (2) and (6)(a) of section 85 (matters to be considered) have effect as though section 84 included a ground of appeal that the decision appealed against breaches the appellant’s right under the EU Treaties in respect of entry into or residence in the United Kingdom.
3. Tribunal Procedure Rules made under section 22 of the Tribunals, Courts and Enforcement Act 2007IIAA Procedure Rules made under section 4 of the Immigration and Asylum Act 2026 have effect in relation to appeals under these Regulations.
25 amends

In Schedule 7 (consequential modifications), for “First-tier Tribunal”, in each place it occurs, substitute “IIAA”.

Amends The Immigration (European Economic Area) Regulations 2016, Schedule 7 — CONSEQUENTIAL MODIFICATIONS
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The Immigration (European Economic Area) Regulations 2016 — Schedule 7

Only the 1 affected provision(s) of Schedule 7 of The Immigration (European Economic Area) Regulations 2016 are shown (the rest of Schedule 7 is unchanged).

(3) This paragraph is of no application where the reference to the 2006 Regulations had the effect of amending the 2006 Regulations. Additionally this paragraph has no application to amendments to the 2006 Regulations made under Schedule 5 of these Regulations. Table of equivalences(1) (2) (3) Provision in the 2006 Regulations Corresponding provision in these Regulations Description of provision 1 1(1) to (2) Citation and commencement 2(3) 2(2) General interpretation 3(3) 3(3)(c) Continuity of residence 4(2) 4(2) and (3) “Worker”, “self-employed person”, “self-sufficient person” and “student” 4(4) 4(2) and (4) 6(2)(ba) 6(2)(c) “Qualified person” 6(2)(c) 6(2)(d) 6(2)(d) 6(2)(e) 6(2A) 6(3) 6(3) 6(4) 6(4) and 6(8) Relevant definitions in 6(1) 6(9) 6(8) 6(10) 6(9) 6(11) 6(10) 8(2) 8(2) and (7) Extended family member 8(3) 8(3) and (7) 9(1) 9(1) and (7) Family members of British citizens 9(3)(a) to (c) 9(3)(a) to (e) 9(4) 9(5) 11(4)(ba) 11(4)(c) Right of admission to the United Kingdom 11(4)(c) 11(4)(d) 12(1A) 12(2) Issue of EEA family permit 12(1B) 12(3)(a) 12(2) 12(4) 12(3) 12(5) 12(4) 12(6) 12(5) 12(7) 12(6) 12(8) 14(5) 14(4) Extended right of residence 15(1A) 15(2) Right of permanent residence 15(2) 15(3) 15(3) 15(4) 15A 16 Derivative right to reside 15A(1) 16(1) 15A(2) 16(2) 15A(3) 16(3) 15A(4) 16(4) 15A(4A) 16(5) 15A(5) 16(6) 15A(6) 16(7) 15A(7) 16(8) 15A(7A) 16(9) 15A(7B) 16(10) 15A(8) 16(11) 15A(9) 16(12) 16 17 Issue of registration certificate 16(8) 17(9) 17 18 Issue of residence card 17(6A) 18(7) 18 19 Issue of a document certifying permanent residence and a permanent residence card 18(5) 19(4)(b) 18(6) 19(5) 18A 20 Issue of a derivative residence card 18A(5) 20(6) 19 23 Exclusion and removal from the United Kingdom 19(1A) 23(2) 19(1AB) 23(3) 19(1B) 23(5) 19(2) 23(4) 19(3) 23(6) 19(4) 23(7)(a) 19(5) 23(7)(b) 20 24 Refusal to issue or renew and revocation of residence documentation 20(1A) 24(2) 20(2) 24(3) 20(3) 24(4) 20(4) 24(5) 20(5) 24(6) 20(6) 24(7) 20A 25 Cancellation of a right of residence 20B 22 Verification of a right of residence 20B(8) Relevant definition in 2(1) 21 27 Decisions taken on public policy, public security and public health grounds 21(5) 27(5) and (8) and Schedule 1 21A 28 Application of Part 4 to persons with a derivative right to reside 21A(1) 28(2) 21A(2) 28(1) 21A(3)(c) 28(2)(a) 21A(3)(d) 28(2)(b) 21A(3)(f) 28(2)(c) 21A(3)(g) 28(2)(d) 21B 26 Misuse of a right to reside 21B(1) 26(1) and (2) 21B(2) 26(3) 21B(3) 26(4) 21B(4) 26(5) 21B(5) 26(6) 21B(6) Relevant definition in 2(1) 22 29 Person claiming right of admission 23 30 Person refused admission 23A 31 Revocation of admission 24 32 Person subject to removal 24A 34 Revocation of deportation and exclusion orders 24A(1) 34(1) and (2) 24A(2) 34(3) 24A(3) 34(4) 24A(4) 34(5) 24A(5) 34(6) 24AA 33 Human rights considerations and interim orders to suspend removal 25 35 Interpretation of Part 6 26 36 Appeal rights 26(2A) 36(3) 26(3) 36(4) 26(3A) 36(5) 26(4) 36(8) 26(5) 36(7) 26(6) 36(9) 26(7) 36(10) 26(8) 36(11) 27 37 Out of country appeals 27(1)(zaa) 37(1)(b) 27(1)(aa) 37(1)(c) 27(1)(b) 37(1)(d) 27(1)(c) 37(1)(e) 27(1)(ca) 37(1)(f) 27(1)(d) 37(1)(g) 28 38 Appeals to the Commission 28(8) 38(8) and (9) 28A 39 National security: EEA Decisions 29 40 Effect of appeals to the First-tier Tribunal IIAA or Upper Tribunal 29(4A) 40(5) 29(5) 40(6) 29A 42 Alternative evidence of identity and nationality 29AA 41 Temporary admission in order to submit case in person 30 43 Effect on other legislation 31 45 and 46 Revocations etc. Schedule 1 Schedule 2 Appeals to the First-tier Tribunal IIAA Schedule 1, paragraph 1 Schedule 2, paragraph 2 Schedule 1, paragraph 2 Schedule 2, paragraph 3 Schedule 2 Schedule 3 Effect on other legislation Schedule 2, paragraph 1(2) Schedule 3, paragraph 1 Schedule 2, paragraph 3 Schedule 3, paragraph 3 Schedule 2, paragraph 4 Schedule 2, paragraph 2
26

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) are amended as set out in paragraphs 27 to 32.

27 amends

In regulation 2 (interpretation)—

(a)after the definition of “healthcare leave” insert—;
“the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(b)in the definition of “relevant authority”, in paragraph (b), for “the Tribunal” substitute “the IIAA”;
(c)omit the definition of “the Tribunal”.
Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, regulation 2 — Interpretation
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The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — regulation 2
(1) In these Regulations—
“the 1971 Act” means the Immigration Act 1971;
“the 1997 Act” means the Special Immigration Appeals Commission Act 1997;
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;
“the 1972 Order” means the Immigration (Control of Entry through Republic of Ireland) Order 1972;
“the 2020 Regulations” means the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;
“appealable decision” means a decision which may be appealed against under these Regulations;
“appellant” means a person who brings an appeal under these Regulations;
“Appendix S2” means Appendix S2 Healthcare Visitor to the immigration rules;
“frontier worker” has the meaning given in regulation 3 of the 2020 Regulations;
“frontier worker permit” has the meaning given in regulation 2 of the 2020 Regulations;
“healthcare entry clearance” means entry clearance granted by virtue of Appendix S2 for the purpose of acquiring leave to enter or remain in the United Kingdom by virtue of that Appendix;
“healthcare leave”, in relation to a person (“P”), means leave to enter or remain in the United Kingdom granted to P by virtue of Appendix S2;
“the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(a)Article 32(1)(b) of the withdrawal agreement,
(b)Article 31(1)(b) of the EEA EFTA separation agreement, or
(c)Article 26a(1)(b) of the Swiss citizens' rights agreement;
“relevant authority” means—
(a) where the appeal under these Regulations lies to the Special Immigration Appeals Commission, the Commission;
(b) otherwise, the Tribunalthe IIAA;
“scheme entry clearance” means entry clearance granted by virtue of relevant entry clearance immigration rules;
“the Tribunal” means the First-tier Tribunal.
(a)a valid national identity card issued by an EEA state, or
(b)a valid passport issued by an EEA state.
(1A) For the purposes of the definition of “valid identity document”, “EEA state” means—
(a) a member State, or
(b) Iceland, Liechtenstein, Norway or Switzerland.
(2) References in these Regulations to an appeal which is pending are to be read in accordance with regulation 13.
28 amends

In Part 2 (appeals in respect of citizens’ rights immigration decisions), for “the Tribunal”, in each place it occurs, substitute “the IIAA”.

Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, Part 2 — Appeals in respect of citizens' rights immigration decisions
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — Part 2

Only the 4 affected provision(s) of Part 2 of The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 are shown (the rest of Part 2 is unchanged).

7. Appeal to the Tribunal IIAA or the Special Immigration Appeals Commission
(1) An appeal under these Regulations lies to the Tribunal. IIAA.
11. Application of the 2002 Act to appeals to the Tribunal IIAA Schedule 2 makes provision for the application of the 2002 Act to appeals to the Tribunal. IIAA.
(a) where the appeal is before the Tribunal, IIAA, means Tribunal Procedure Rules;
29 amends

In that Part, in regulation 13 (pending appeal)—

(a)in paragraph (2)—
(i)in sub-paragraph (a), for “section 11 or” substitute “section 7 of the Immigration and Asylum Act 2026 or section”;
(ii)in sub-paragraph (c), for “that Act” substitute “the Tribunals, Courts and Enforcement Act 2007”;
(b)in paragraph (6), in the definition of “the relevant rules”, in paragraph (a), for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules made under section 4 of the Immigration and Asylum Act 2026”.
Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, regulation 13 — Pending appeal
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The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — regulation 13
(1) An appeal under these Regulations is to be treated as pending during the period which—
(a) begins when the notice of appeal is given in accordance with the relevant rules, and
(b) ends when the appeal is finally determined, withdrawn or abandoned (or lapses under paragraph 3 of Schedule 1).
(2) An appeal is not finally determined for the purposes of paragraph (1)(b) while (as the case may be)—
(a) an application for permission to appeal under section 11 orsection 7 of the Immigration and Asylum Act 2026 or section 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,
(b) permission to appeal under either of those sections has been granted and the appeal is awaiting determination,
(c) an appeal has been remitted under section 12 or 14 of that Actthe Tribunals, Courts and Enforcement Act 2007 and is awaiting determination,
(d) any of the following applications could be made—
(i) an application for leave to appeal under section 7 of the applied 1997 Act;
(ii) an application for a certificate under section 7B of the applied 1997 Act;
(iii) an application for permission to appeal under section 7C of the applied 1997 Act, or
(e) leave to appeal under section 7, or permission to appeal under section 7C, of the applied 1997 Act has been granted and the appeal is awaiting determination.
(3) An appeal under regulations 3 to 6 is to be treated as abandoned if the appellant (“A”) is granted leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules.
(4) But paragraph (3) does not apply where—
(a) A is not granted indefinite leave to enter or remain in the United Kingdom, or A's indefinite leave to enter or remain in the United Kingdom is cancelled or revoked, and
(b) A gives notice, in accordance with the relevant rules, that A wishes to pursue the appeal insofar as it relates to a decision not to grant A, or to cancel or revoke A's, indefinite leave to enter or remain in the United Kingdom.
(4A) An appeal under regulation 6A is to be treated as abandoned if the appellant is issued with a frontier worker permit.
(4B) An appeal under regulation 6B is to be treated as abandoned if the appellant is admitted to the United Kingdom under regulation 6 of the 2020 Regulations.
(4C) An appeal under regulations 6G to 6J is to be treated as abandoned if the appellant—
(a) is granted leave to enter or remain in the United Kingdom by virtue of Appendix S2, or
(b) obtains leave to enter the United Kingdom by passing through an automated gate in accordance with article 8B of the Immigration (Leave to Enter and Remain) Order 2000 as a person seeking to enter the United Kingdom as an S2 Healthcare Visitor under Appendix S2.
(4D) An appeal under regulation 6G(d) is also to be treated as abandoned if the appellant's leave to enter or remain in the United Kingdom granted by virtue of Appendix S2 is varied, however that variation may have effect, so that the appellant has leave to enter or remain under Appendix S2.
(4E) An appeal under regulation 6I or 6J is also to be treated as abandoned if the Secretary of State agrees that Article 5 of the 1972 Order applies to the appellant.
(5) An appeal under these Regulations is not to be treated as abandoned solely because the appellant leaves the United Kingdom.
(6) In this regulation—
“the applied 1997 Act” means the 1997 Act as it applies for the purposes of these Regulations by virtue of Part 2 of Schedule 1;
“the relevant rules”—
(a) where the appeal is before the Tribunal, means Tribunal Procedure RulesIIAA Procedure Rules made under section 4 of the Immigration and Asylum Act 2026;
(b) where the appeal is before the Special Immigration Appeals Commission, means rules made under section 5 of the 1997 Act, insofar as they apply in relation to an appeal under these Regulations, or rules made under section 5 of the applied 1997 Act.
30 amends
(1)Schedule 2 (application of the 2002 Act) is amended as follows.
(2)In the heading, for “the Tribunal” substitute “the IIAA”.
(3)In the heading before paragraph 1, for “the Tribunal” substitute “the IIAA”.
(4)In paragraph 1—
(a)in the words before paragraph (a), for “the Tribunal” substitute “the IIAA”;
(b)omit sub-paragraph (ba).
(5)In paragraph 2 (general modifications), in sub-paragraph (1), for “the Tribunal” substitute “the IIAA” in each place it occurs.
(6)In paragraph 3 (specific modifications)—
(a)in sub-paragraph (2)(a), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority”;
(b)in sub-paragraph (3)—
(i)in paragraph (a), for “the First-tier Tribunal (“the Tribunal”)” substitute “the Independent Immigration Appeals Authority (“the IIAA”)”;
(ii)in paragraph (b), for “the Tribunal” substitute “the IIAA”;
(c)in sub-paragraph (5)(a), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority”;
(d)omit sub-paragraph (5A);
(e)in sub-paragraph (10), for “the Tribunal” substitute “the IIAA”.
Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, Schedule 2 — Application of the 2002 Act to appeals to the Tribunal
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The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — Schedule 2
Application of the 2002 Act to appeals to the Tribunal IIAA
Application of provisions of the 2002 Act in connection with appeals to the Tribunal IIAA
1. The following provisions of the 2002 Act apply in connection with an appeal to the Tribunalthe IIAA under these Regulations as they apply in connection with an appeal under section 82(1) of that Act (but subject to the general modifications specified in paragraph 2 and the specific modifications specified in paragraph 3)—
(a) section 72;
(b) sections 78 to 79;
(ba) section 86B;
(c) section 105 and any regulations made under that section;
(d) section 106 and any rules made pursuant to that section;
(e) sections 107 and 108;
(f) sections 112 and 113;
(g) section 120.
General modifications
2.
(1) The provisions mentioned in paragraph 1 have effect as if—
(a) references to “this Act”, or provisions of the 2002 Act, were references to the Act, or provisions of it, as applied by this Schedule;
(b) references to an appeal under section 82 or section 82(1), however expressed, were references to an appeal to the Tribunal IIAA under these Regulations;
(c) references to proceedings under section 82 were references to proceedings before the Tribunal IIAA under these Regulations.
(2) But—
(a) sub-paragraph (1)(a) does not apply to the reference to section 84 of the 2002 Act inserted by paragraph 3(2) of this Schedule;
(b) sub-paragraph (1) is also subject to the specific modifications made in paragraph 3.
Specific modifications
3.
(1) The specific modifications to the provisions of the 2002 Act are as follows.
(2) Section 72 has effect as if—
(a) in subsection (9), for paragraph (a), there were substituted—(a)a person appeals to the First-tier TribunalIndependent Immigration Appeals Authority under the 2020 Regulations against a decision and makes a section 120 statement (within the meaning of regulation 9 of those Regulations) which relies wholly or partly on the ground of appeal mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention), and;
(b) in subsection (10), “or Commission” were omitted.
(3) Section 78 has effect as if—
(a) in subsection (1), for “appeal under section 82(1)” there were substituted “ appeal to the First-tier Tribunal (“the Tribunal”)the Independent Immigration Appeals Authority (“the IIAA”) under the 2020 Regulations ”;
(b) after subsection (1), there were inserted—(1A)But subsection (1) does not apply in relation to a relevant appellant. (1B)A person is a “relevant appellant” for the purposes of this section if— (a)the person's removal is certified under regulation 16(3) or 16A(3) of the 2020 Regulations, and (b)the relevant appealable decision in respect of which the person's removal is certified in accordance with that provision is the decision in relation to which the appeal to the Tribunalthe IIAA under the 2020 Regulations is pending. (1C)A relevant appellant may not be removed from, or required to leave, the United Kingdom in accordance with a provision of the Immigration Acts before the end of the relevant period except— (a)in a duly substantiated case of urgency, (b)where they are detained pursuant to the sentence or order of any court, or (c)where they have entered the United Kingdom and are removable as an illegal entrant under Schedule 2 to the Immigration Act 1971. But those exceptions do not apply at any time when the removal of the appellant is prohibited under subsection (1F). (1D)For the purposes of subsection (1C), “the relevant period” is the period of one month beginning with the day on which the relevant appellant is notified of the decision to remove them. (1E)Subsection (1F) applies to a relevant appellant who applies to the appropriate court or tribunal (whether by means of judicial review or otherwise) for an interim order to suspend enforcement of the decision to remove them from the United Kingdom. (1F)A relevant appellant to whom this subsection applies may not be removed from, or required to leave, the United Kingdom in accordance with a provision of the Immigration Acts until such time as the decision on the interim order has been taken unless— (a)the decision to remove them is based on a previous judicial decision, (b)they have had previous access to judicial review, or (c)the decision to remove them is based on imperative grounds of public security.;
(c) in subsection (2), for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”;
(d) in subsection (4), for “section 92” there were substituted “ the 2020 Regulations ”;
(e) after subsection (4), there were inserted—(5)Nothing in this section prevents the removal from the United Kingdom of a person who is admitted to the United Kingdom on bail pursuant to Schedule 3 to the 2020 Regulations..
(4) Section 78A(3)(b) has effect as if for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”.
(5) Section 79 has effect as if—
(a) in subsection (1), for the words from “section 82(1)” to “relating to” there were substituted “ the 2020 Regulations to the First-tier TribunalIndependent Immigration Appeals Authority against ”;
(b) after subsection (1), there were inserted—(1A)But subsection (1) does not prevent the Secretary of State making a deportation order in respect of a person (“P”) if— (a)P's removal is certified under regulation 16(3) of the 2020 Regulations, and (b)the decision to make the deportation order in respect of P is the relevant appealable decision in respect of which P's removal was certified under that provision.;
(c) in subsection (2), for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”.
(5A) Section 86B has effect as if for subsection (4) there were substituted—(4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.
(6) Section 105 has effect as if, in subsection (4), for the words from “means” to the end there were substituted “ has the meaning given in regulation 2 of the 2020 Regulations ”.
(7) Section 106 has effect as if, in subsections (3) and (4), “or by virtue of section 109” were omitted.
(8) Section 107(3) has effect as if “or by virtue of section 109” were omitted.
(9) Section 113 has effect as if, before the definition of “asylum claim”, there were inserted—“the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;.
(10) Section 120(6) has effect as if at the end of the definition of “grounds” in subsection (6) there were inserted “, or on which an appeal to the Tribunalthe IIAA under the 2020 Regulations may be brought (see regulation 8 of those Regulations) ”.
31 amends

In Schedule 3 (admission on bail to the United Kingdom to make submissions in person in connection with an appeal), in paragraph 1(2), for “the Tribunal”, in each place it occurs, substitute “the IIAA”.

Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, Schedule 3, para 1 — 1.
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — Schedule 3, para 1
(1) An appellant (“A”) may apply to the Secretary of State for permission to be admitted on bail to the United Kingdom in order to make submissions in person at a hearing if the conditions in sub-paragraph (2) are satisfied.
(2) The conditions are—
(a) that the Secretary of State has certified A's removal from the United Kingdom under regulation 16(3) or 16A(3),
(b) the hearing forms part of the proceedings on, or in connection with, an appeal to the Tribunal IIAA against the appealable decision in respect of which A's removal was certified under regulation 16(3) or 16A(3),
(c) a date for the hearing has been set by the Tribunal, IIAA, the Upper Tribunal or the court (as the case may be) before which the hearing is to take place, and
(d) A is outside the United Kingdom.
(3) The Secretary of State must give such permission to A unless A's appearance may cause serious troubles to public policy or public security.
(4) The Secretary of State must have regard to the dates on which A will be required to make submissions in person when determining—
(a) when A is entitled to be given permission, and
(b) the duration of A's admission on bail, should permission be given.
(5) Nothing in this paragraph affects any power of the Secretary of State to remove A from the United Kingdom while A's appeal is pending if—
(a) A is admitted on bail to the United Kingdom under this paragraph, and
(b) the relevant hearing has taken place.
(6) If A is removed from the United Kingdom while A's appeal is pending, A is not prevented from applying for admission to the United Kingdom on bail in order to make submissions in person at any subsequent hearing in accordance with this paragraph.
32 amends

In Schedule 4 (consequential amendments), omit paragraph 6 (amendment of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.

Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, Schedule 4, para 6 — 6.
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The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — Schedule 4, para 6
(1) The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 are amended as follows.
(2) In rule 1, after the definition of “the 2007 Act” insert—“the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;.
(3) In rule 16—
(a) after paragraph (1) insert—(1A)A party to an appeal under the 2020 Regulations must also notify the Tribunal if they are aware that the appeal is to be treated as abandoned under regulation 13 of those Regulations.;
(b) in paragraph (2), after “2006 Regulations” insert “ or regulation 13(3) of the 2020 Regulations ”;
(c) in paragraph (3), after “the 2002 Act” insert “ or regulation 13(3) of the 2020 Regulations ”.
(4) In rule 19, after paragraph (3), insert—(3A)But paragraphs (2) and (3) do not apply in relation to the bringing of an appeal against a citizens' rights immigration decision. “A citizens' rights immigration decision” is a decision which can be appealed against under the 2020 Regulations. (3B)The notice of appeal in relation to an appeal against a citizens' rights immigration decision must be received— (a)if the person is in the United Kingdom, not later than 14 days after the appellant is sent the notice of the decision; (b)if the person is outside the United Kingdom, not later than 28 days after the appellant receives the notice of the decision. But this paragraph is subject to paragraph (3D). (3C)Paragraph (3D) applies where— (a)a person (“P”) applies for an administrative review of a citizens' rights immigration decision (“the original decision”) under the relevant rules, and (b)P had not, before P receives notice of the decision on administrative review, started proceedings in relation to the original decision. (3D)Where this paragraph applies, the notice of appeal against the original decision must be received— (a)if P is in the United Kingdom, not later than 14 days after P is sent the notice of the decision on administrative review; (b)if P is outside the United Kingdom, not later than 28 days after P receives the notice of the decision on administrative review. (3E)In this rule, “the relevant rules” means residence scheme immigration rules or relevant entry clearance immigration rules (within the meanings given in section 17 of the European Union (Withdrawal Agreement) Act 2020)..
33

The Northern Ireland Act 1998 is amended as set out in paragraphs 34 and 35.

34 amends

In section 75 (statutory duty on public bodies)—

(a)in subsection (3), before paragraph (d) insert—;
(cg)the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(b)after subsection (4A) insert—
(4B)The references in subsections (1) and (2) and Schedule 9 to the functions of the Independent Immigration Appeals Authority do not include a judicial function or a function exercised on behalf of, or on the instructions of, a person exercising a judicial function.
Amends Northern Ireland Act 1998, section 75 — Statutory duty on public authorities.
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Northern Ireland Act 1998 — section 75
(1)
A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity—
(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;
(b) between men and women generally;
(c) between persons with a disability and persons without;
and
(d) between persons with dependants and persons without.
(2) Without prejudice to its obligations under subsection (1), a public authority shall in carrying out its functions relating to Northern Ireland have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group.
(3) In this section “public authority” means—
(a) any department, corporation or body listed in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation) and designated for the purposes of this section by order made by the Secretary of State;
(b) any authority (other than the Equality Commission, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities);
(ba) the Independent Commission for Reconciliation and Information Recovery;
(cc) ... the Chief Constable of the Police Service of Northern Ireland and the Police Ombudsman for Northern Ireland;
(cd) the Director of Public Prosecutions for Northern Ireland;
(ce) ................................
(cf) ................................
(cg) the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(d) any other person designated for the purposes of this section by order made by the Secretary of State.
(3A) An order under subsection (3)(a) or (d) may provide that the designated department, corporation, body or other person—
(a) is not subject to, or is only subject to, specified obligations under subsection (1) or (2), or
(b) is not subject to, or is only subject to, specified obligations under subsection (1) or (2)—
(i) when exercising a specified function, or
(ii) when exercising a specified function in specified circumstances or for specified purposes.
(3B) In subsection (3A) “specified” means specified in the order.
(4) Schedule 9 (which makes provision for the enforcement of the duties under this section) shall have effect.
(4A) The references in subsections (1) and (2) and Schedule 9 to the functions of the Director of Public Prosecutions for Northern Ireland do not include any of his functions relating to the prosecution of offences or any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).
(4B) The references in subsections (1) and (2) and Schedule 9 to the functions of the Independent Immigration Appeals Authority do not include a judicial function or a function exercised on behalf of, or on the instructions of, a person exercising a judicial function.
(5) In this section—
“disability” has the same meaning as in the Disability Discrimination Act 1995; and
“racial group” has the same meaning as in the Race Relations (Northern Ireland) Order 1997.
35 amends

In section 76 (discrimination by public authorities), in subsection (7), after paragraph (ea) insert—.

(eb)the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
Amends Northern Ireland Act 1998, section 76 — Discrimination by public authorities.
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Northern Ireland Act 1998 — section 76
(1) It shall be unlawful for a public authority carrying out functions relating to Northern Ireland to discriminate, or to aid or incite another person to discriminate, against a person or class of person on the ground of religious belief or political opinion.
(2) An act which contravenes this section is actionable in Northern Ireland at the instance of any person adversely affected by it; and the court may—
(a) grant damages;
(b) subject to subsection (3), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section.
(3) Without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (2) only if satisfied that the defendant—
(a) contravened this section on the occasion complained of and on more than one previous occasion; and
(b) is likely to contravene this section again unless restrained by an injunction.
(4) This section does not apply in relation to any act or omission which is unlawful by virtue of the Fair Employment and Treatment (Northern Ireland) Order 1998, or would be unlawful but for some exception made by virtue of Part VIII of that Order.
(5) Subsection (1) applies to the making, confirmation or approval of subordinate legislation only if—
(a) the legislation contains a provision which discriminates against a person or class of person on the ground of religious belief or political opinion; and
(b) the provision extends only to the whole or any part of Northern Ireland.
(6) Where it is alleged that subsection (1) applies to the making, confirmation or approval of subordinate legislation, subsection (2) shall not apply but the contravention may be relied upon in legal proceedings relating to the validity of the subordinate legislation.
(7) The following are public authorities for the purposes of this section—
(a) a Minister of the Crown;
(b) any department, corporation or body listed in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation);
(c) any authority (other than a Northern Ireland department, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities);
(ca) the Independent Commission for Reconciliation and Information Recovery;
(e) the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve and the Police Ombudsman for Northern Ireland;
(ea) the Director of Public Prosecutions for Northern Ireland;
(eb) the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(f) ................................
(fa) ................................
(fb) ................................
(g) a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) so far as carrying out functions in connection with the provision of a universal postal service (within the meaning of that Part).
(8) This section does not apply to a decision of the Director of Public Prosecutions for Northern Ireland not to institute, or to discontinue, criminal proceedings or, where such a decision has been made, to any act done for the purpose of enabling the decision whether to institute or continue the proceedings to be made or for securing that the proceedings are discontinued.
(9) No injunction may be granted in respect of a contravention of this section by the Director of Public Prosecutions for Northern Ireland unless the court is satisfied that it would not prejudice any decision to institute criminal proceedings or any criminal proceedings.
(10) Where a party to proceedings for a contravention of this section applies for a stay of those proceedings on the ground of prejudice to a decision to institute criminal proceedings, or of prejudice to particular criminal proceedings, the court must grant the stay unless it is satisfied that continuance of the proceedings for the contravention would not result in the prejudice alleged.
(11) The reference in subsection (1) to the functions of the Director of Public Prosecutions for Northern Ireland does not include any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).
36 amends

In section 72 of the Nationality, Immigration and Asylum Act 2002 (serious criminal)—

(a)in subsection (10), for “Tribunal” substitute “Authority”;
(b)in subsection (10A), at the end insert “(as applied by section 7(4) of the Immigration and Asylum Act 2026)”.
Amends Nationality, Immigration and Asylum Act 2002, section 72 — Serious criminal
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality, Immigration and Asylum Act 2002 — section 72
(1) This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from prohibition of expulsion or return).
(2) A person is convicted by a final judgment of a particularly serious crime... if he is—
(a) convicted in the United Kingdom of an offence, and
(b) sentenced to a period of imprisonment of at least 12 months.
(3) A person is convicted by a final judgment of a particularly serious crime... if—
(a) he is convicted outside the United Kingdom of an offence,
(b) he is sentenced to a period of imprisonment of at least 12 months, and
(c) he could have been sentenced to a period of imprisonment of at least 12 months had his conviction been a conviction in the United Kingdom of a similar offence.
(4) A person is convicted by a final judgment of a particularly serious crime... if—
(a) he is convicted of an offence specified by order of the Secretary of State, or
(b) he is convicted outside the United Kingdom of an offence and the Secretary of State certifies that in his opinion the offence is similar to an offence specified by order under paragraph (a).
(5) An order under subsection (4)—
(a) must be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5ZA) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
(a) the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and
(b) the person is not, by virtue of the conviction, a person falling within subsection (2).
(5ZB) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
(a) the person is convicted outside the United Kingdom of an offence,
(b) the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and
(c) the person is not, by virtue of the conviction, a person falling within subsection (3).
(5A) A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.
(5B) A person presumed to have been convicted of a particularly serious crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to constitute a danger to the community of the United Kingdom.
(6) A presumption under subsection (5ZA) or (5ZB) that a person has been convicted by a final judgment of a particularly serious crime or under subsection (5A) or (5B) that a person constitutes a danger to the community is rebuttable by that person.
(7) A presumption under subsection (5ZA), (5ZB), (5A) or (5B) does not apply while an appeal against conviction or sentence—
(a) is pending, or
(b) could be brought (disregarding the possibility of appeal out of time with leave).
(8) Section 34(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (no need to consider gravity of fear or threat of persecution) applies for the purpose of considering whether a presumption under subsection (5A) or (5B) has been rebutted as it applies for the purpose of considering whether Article 33(2) of the Refugee Convention applies.
(9) Subsection (10) applies where—
(a) a person appeals under section 82... of this Act or under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) wholly or partly on the ground mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention), and
(b) the Secretary of State issues a certificate that a presumption under subsection (5ZA), (5ZB), (5A) or (5B) applies to the person (subject to rebuttal).
(10) The... TribunalAuthority or Commission hearing the appeal—
(a) must begin substantive deliberation on the appeal by considering the certificate, and
(b) if in agreement that a presumption under subsection (5ZA), (5ZB), (5A) or (5B) applies (having given the appellant an opportunity for rebuttal) must dismiss the appeal in so far as it relies on the ground specified in subsection (9)(a).
(10A) Subsection (10) also applies in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007. 2007 (as applied by section 7(4) of the Immigration and Asylum Act 2026)
(11) For the purposes of this section—
(a) “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
(b) a reference to a person who is sentenced to a period of imprisonment of at least 12 months —
(i) does not include a reference to a person who receives a suspended sentence (unless a court subsequently orders that the sentence or any part of it is to take effect),
(ia) does not include a reference to a person who is sentenced to a period of imprisonment of at least 12 months only by virtue of being sentenced to consecutive sentences which amount in aggregate to more than 12 months,
(ii) includes a reference to a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), and
(iii) includes a reference to a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period (provided that it may last for 12 months).
37 amends

In section 98 of the Courts Act 2003 (register of judgments and orders etc), in subsection (1)(f) —

(a)omit the “or” at the end of sub-paragraph (iii);
(b)at the end of sub-paragraph (iv) insert.
“, or”
(v)the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026,
Amends Courts Act 2003, section 98 — Register of judgments and orders etc.
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Courts Act 2003 — section 98
(1) A register is to be kept, in accordance with regulations, of—
(a) judgments entered in the High Court;
(b) judgments entered in the county court;
(c) administration orders made under section 112 of the County Courts Act 1984 (c. 28) (power of county court to make administration orders);
(d) orders restricting enforcement made under section 112A of that Act (power of county court to restrict enforcement of debts in lieu of administration order);
(e) sums which are, for the purposes of the 1980 Act, sums adjudged to be paid by a conviction or order of a magistrates' court.
(f) a decision or award of—
(i) the First-tier Tribunal,
(ii) the Upper Tribunal,
(iii) an employment tribunal, or
(iv) the Employment Appeal Tribunal,
, or
(v) the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026,
in pursuance of which any sum is payable.
(2) “Regulations” means regulations made by the Lord Chancellor for the purposes of this section.
(3) The regulations may—
(a) provide for prescribed classes of judgments, orders, decisions, awards or adjudged sums to be exempt from registration;
(b) prescribe circumstances in which judgments, orders, decisions, awards or adjudged sums (or classes of them) are to be exempt from registration;
(c) prescribe circumstances in which an entry in the register is to be cancelled;
(d) in the case of sums adjudged to be paid by conviction of a magistrates' court or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f), provide for sums to be registered only in prescribed circumstances or subject to prescribed conditions.
(4) The Lord Chancellor may fix charges to be made for—
(a) making information in an entry in the register available for inspection;
(b) carrying out an official search of the register;
(c) supplying a certified copy of information in an entry in the register.
(5) The proceeds of those charges are to be applied in paying the expenses incurred in maintaining the register; and any surplus is to be paid into the Consolidated Fund.
(6) If there is in force an agreement between the Lord Chancellor and a body corporate relating to the keeping by that body corporate of the register the register is to be kept by that body corporate.
(7) If, under subsection (6), the register is kept by a body corporate—
(a) the Lord Chancellor may recover from the body corporate any expenses incurred by the Lord Chancellor in connection with the supply of information to that body for the purposes of the register,
(b) subsection (4) applies as if it enabled the Lord Chancellor to fix the maximum charges to be made (instead of the charges to be made), and
(c) subsection (5) does not apply.
(8) If subsection (6) ceases to apply to a body corporate as a result of the termination (for any reason) of the agreement, the Lord Chancellor may require the information contained in the entries in the register to be transferred to such person as he may direct.
38 amends

In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) (civil legal services: excluded services), in paragraph 2(ia) —

(a)for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority”;
(b)for paragraph (iv) substitute—.
(iv)the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as they continue to have effect following their revocation,
Amends Access to Justice (Northern Ireland) Order 2003, Schedule 2, para 2 — 2.
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Access to Justice (Northern Ireland) Order 2003 — Schedule 2, para 2
The Department may not fund services consisting of representation in any proceedings, except, subject to paragraph 4, such proceedings as are specified in sub-paragraphs (a) to (j)—
(a) proceedings in—
(i) theSupreme Court in the exercise of its jurisdiction in relation to any appeal from Northern Ireland,
(ii) ................................
(iii) the Court of Appeal,
(iv) the High Court, or
(v) any county court,
(b) proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within sub-paragraph (a),
(ba) proceedings in the Crown Court for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997;
(bb) proceedings in the Crown Court for the variation or discharge of a witness anonymity order under section 91 or 92 of the Coroners and Justice Act 2009;
(c) proceedings in the Crown Court under the Proceeds of Crime Act 2002 to the extent specified in paragraph 3,
(d)
proceedings in a court of summary jurisdiction—
(i) for or relating to an order under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945 or the Domestic Proceedings (Northern Ireland) Order 1980 or the Family Homes and Domestic Violence (Northern Ireland) Order 1998 or Schedule 16 to the Civil Partnership Act 2004,
(ii) under section 22 of the Maintenance Orders Act 1950 or section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966,
(iii) under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom,
(iv) such as are referred to in paragraph (i) and are brought by virtue of Part II of the Maintenance Orders (Reciprocal Enforcement) Act 1972,
(v) which are debt or ejectment proceedings within the meaning of Part VI of the Magistrates' Courts (Northern Ireland) Order 1981, other than proceedings under Article 62(2) of that Order,
(vi) under section 97, 143 or 144(1) of the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995,
(vii) under Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 101 of the Social Security Administration (Northern Ireland) Act 1992,
(viii) which are appeals under Article 22 of the Child Support (Northern Ireland) Order 1991, so far as such appeals are to be made to a court of summary jurisdiction by virtue of Article 2 of the Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 1993,
(ix) under Article 28 of the Child Support (Northern Ireland) Order 1991,
Sub para. (x) rep. by 2003 c. 42
(xi) for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001,...
(xii) for an order or direction under section 195M, 215A, 295, 297, 297E, 297F, 298, 301 or 302 of the Proceeds of Crime Act 2002,...
(xiii) under section 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003,
(xiv) for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002, or
(xv) which relate to a direction under section 215D of the Proceeds of Crime Act 2002,
(xvi) for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997,
(xvii) for an order or the variation, renewal or discharge of an order under paragraph 5 or 10 of Schedule 5 to the Counter-Terrorism Act 2008,
(xviii) for the discharge of an investigation anonymity order under section 80 of the Coroners and Justice Act 2009,
(xix) for the variation or discharge of a witness anonymity order under section 91 or 92 of the Coroners and Justice Act 2009;
(xx) ................................
(xxi) under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015;
(xxii) under Article 44 or 45 of the Police and Criminal Evidence (Northern Ireland) Order 1989;
(xxiii) under paragraph 29 or 36 of Schedule 8 to the Terrorism Act 2000;
(xxiv) under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;
(xxv) under paragraph 2, 6 or 7 of Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;
(xxvi) under section 57, 60 or 61 of the Justice Act (Northern Ireland) 2015;
(e) proceedings in any devolution issue (within the meaning of Schedule 10 to the Northern Ireland Act 1998, Schedule 8 to the Government of Wales Act 1998 or Schedule 6 to the Scotland Act 1998) before any court in Northern Ireland,
(f) proceedings brought by an individual before the Proscribed Organisations Appeal Commission,
(g) proceedings before the Mental Health Review Tribunal,
(h) proceedings in the Lands Tribunal for Northern Ireland,
(hh) proceedings under Article 3 or 4 of the Anti-social Behaviour (Northern Ireland) Order 2004;
(i) proceedings before... the Special Immigration Appeals Commission,
(ia) proceedings before the First-tier TribunalIndependent Immigration Appeals Authority under—
(i) Schedule 10 to the Immigration Act 2016;
(ii) section 40A of the British Nationality Act 1981;
(iii) Part 5 of the Nationality, Immigration and Asylum Act 2002; or
(iv) regulation 26 of the Immigration (European Economic Area) Regulations 2006,
(iv) the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as they continue to have effect following their revocation,
(ib) proceedings before the Upper Tribunal arising out of proceedings within sub-paragraph (ia),
(j) proceedings in the Enforcement of Judgments Office in connection with any proceedings mentioned in sub-paragraphs (a) to (i).
(ja) proceedings before the Parole Commissioners for Northern Ireland;
(jb) proceedings before the Care Tribunal under Article 11, 12, 42 or 43 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 or regulation 10 of the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007;
(jc) proceedings under Part 13A of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995.
(k) ................................
39 amends

In section 55 of the Immigration, Asylum and Nationality Act 2006 (Refugee Convention: certification)—

(a)in subsection (3), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority”;
(b)in subsection (4), for “Tribunal” substitute “Authority”;
(c)in subsection (5), for “Tribunal” substitute “Authority”;
(d)in subsection (5A), at the end insert “(as applied by section 7(4) of the Immigration and Asylum Act 2026)”.
Amends Immigration, Asylum and Nationality Act 2006, section 55 — Refugee Convention: certification
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Immigration, Asylum and Nationality Act 2006 — section 55
(1) This section applies to an asylum appeal where the Secretary of State issues a certificate that the appellant is not entitled to the protection of Article 33(1) of the Refugee Convention because—
(a) Article 1(F) applies to him (whether or not he would otherwise be entitled to protection), or
(b) Article 33(2) applies to him on grounds of national security (whether or not he would otherwise be entitled to protection).
(2) In this section—
(a) “asylum appeal” means an appeal—
(i) which is brought under section 82... of the Nationality, Immigration and Asylum Act 2002 (c. 41) or section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68), and
(ii) which is brought on the ground mentioned in section 84(1)(a) or (3)(a) of that Act (breach of United Kingdom's obligations under the Refugee Convention);
(b) “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951.
(3) The First-tier TribunalIndependent Immigration Appeals Authority or the Special Immigration Appeals Commission must begin substantive deliberations on the asylum appeal by considering the statements in the Secretary of State's certificate.
(4) If the TribunalAuthority or Commission agrees with those statements it must dismiss such part of the asylum appeal as amounts to an asylum claim (before considering any other aspect of the case).
(5) Section 72(10)(a) of the Nationality, Immigration and Asylum Act 2002 (serious criminal: TribunalAuthority or Commission to begin by considering certificate) shall have effect subject to subsection (3) above.
(5A) Subsections (3) and (4) also apply in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007. 2007 (as applied by section 7(4) of the Immigration and Asylum Act 2026)
(6) Section 33 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (certificate of non-application of Refugee Convention) shall cease to have effect.
40 amends

In Part 1 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007 (Tribunal Procedure Rules), after paragraph 10 insert—

Failure to comply with requirements imposed by the IIAA
10A
(1)Rules may make provision for the Upper Tribunal to deal with a failure to comply with a requirement imposed by the IIAA as though the requirement had been imposed by the Upper Tribunal.
(2)In this paragraph, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Inserts a new provision into Tribunals, Courts and Enforcement Act 2007 — Schedule 5, after paragraph 10

The inserted text is set out above. · view Tribunals, Courts and Enforcement Act 2007 on legislation.gov.uk ↗

41 amends

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), under the italic heading “Court services and legal services”, at the appropriate place insert—

The Independent Immigration Appeals Authority.
Amends Equality Act 2010, Schedule 19 — Public authorities
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Equality Act 2010 — Schedule 19

Shown under the italic heading “Court services and legal services” (the rest of the Schedule is unchanged).

Court services and legal services
The Children and Family Court Advisory and Support Service.
The Independent Immigration Appeals Authority.
The Judicial Appointments Commission.
The Legal Services Board.
...
42

Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as set out in paragraphs 43 to 45.

43 amends

In Part 1 (services), in paragraph 19(7)(a) (judicial review), omit “to the First-tier Tribunal”.

Amends Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1, para 19 — 19
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Legal Aid, Sentencing and Punishment of Offenders Act 2012 — Schedule 1, para 19
(1) Civil legal services provided in relation to judicial review of an enactment, decision, act or omission.
(2) Sub-paragraph (1) is subject to—
(a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8, 12, 15, 16 and 18 of that Part, and
(b) the exclusion in Part 3 of this Schedule.
(3) The services described in sub-paragraph (1) do not include services provided to an individual in relation to judicial review that does not have the potential to produce a benefit for the individual, a member of the individual's family or the environment.
(4) Sub-paragraph (3) does not exclude services provided in relation to a judicial review where the judicial review ceases to have the potential to produce such a benefit after civil legal services have been provided in relation to the judicial review under arrangements made for the purposes of this Part of this Act.
(5) The services described in sub-paragraph (1) do not include services provided in relation to judicial review in respect of an issue relating to immigration where—
(a) the same issue, or substantially the same issue, was the subject of a previous judicial review or an appeal to a court or tribunal,
(b) on the determination of the previous judicial review or appeal (or, if there was more than one, the latest one), the court, tribunal or other person hearing the case found against the applicant or appellant on that issue, and
(c) the services in relation to the new judicial review are provided before the end of the period of 1 year beginning with the day of that determination.
(6) The services described in sub-paragraph (1) do not include services provided in relation to judicial review of removal directions in respect of an individual where the directions were given not more than 1 year after the latest of the following—
(a) the making of the decision (or, if there was more than one, the latest decision) to remove the individual from the United Kingdom by way of removal directions;
(b) the refusal of leave to appeal against that decision;
(c) the determination or withdrawal of an appeal against that decision.
(7) Sub-paragraphs (5) and (6) do not exclude services provided to an individual in relation to—
(a) judicial review of a negative decision in relation to an asylum application (within the meaning of the EU Procedures Directive) where there is no right of appeal to the First-tier Tribunal against the decision;
(b) judicial review of certification under section 94 or 96 of the Nationality, Immigration and Asylum Act 2002 (certificate preventing or restricting appeal of immigration decision).
(8) Sub-paragraphs (5) and (6) do not exclude services provided in relation to judicial review of removal directions in respect of an individual where prescribed conditions relating to either or both of the following are met—
(a) the period between the individual being given notice of the removal directions and the proposed time for his or her removal;
(b) the reasons for proposing that period.
(9) For the purposes of this paragraph an individual is a member of another individual's family if—
(a) they are relatives (whether of the full blood or half blood or by marriage or civil partnership),
(b) they are cohabitants (as defined in Part 4 of the Family Law Act 1996), or
(c) one has parental responsibility for the other.
(10) In this paragraph—
“EU Procedures Directive” means Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status;
“an issue relating to immigration” includes an issue relating to rights described in paragraph 30 of this Part of this Schedule;
“judicial review” means—
(a) the procedure on an application for judicial review (see section 31 of the Senior Courts Act 1981), but not including the procedure after the application is treated under rules of court as if it were not such an application, and
(b) any procedure in which a court, tribunal or other person mentioned in Part 3 of this Schedule is required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review;
“removal directions” means directions under—
(a) paragraphs 8 to 10A of Schedule 2 to the Immigration Act 1971 (removal of persons refused leave to enter and illegal entrants);
(b) paragraphs 12 to 14 of Schedule 2 to that Act (removal of seamen and aircrew);
(c) paragraph 1 of Schedule 3 to that Act (removal of persons liable to deportation);
(d) section 10 of the Immigration and Asylum Act 1999 (removal of certain persons unlawfully in the United Kingdom);
(e) ...
44 amends

In Part 3 (advocacy: exclusion and exceptions), in paragraphs 11, 12 and 13, for “First-tier Tribunal” substitute “IIAA”.

Amends Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1 — Civil legal services
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 1, para 45 — only this paragraph’s changes are highlighted here.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 — Schedule 1

Only the 3 affected provision(s) of Schedule 1 of Legal Aid, Sentencing and Punishment of Offenders Act 2012 are shown (the rest of Schedule 1 is unchanged).

11 Advocacy in proceedings in the First-tier TribunalIIAA under—
12 Advocacy in proceedings in the First-tier TribunalIIAA under—
13 Advocacy in the First-tier TribunalIIAA that falls within the description of civil legal services in paragraph 28, 29 31A, or, 32(1) or 32A(1) of Part 1 of this Schedule.
45 amends

In Part 4 (interpretation), at the end insert—

9In this Schedule, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Amends Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1 — Civil legal services
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by Schedule 1, para 44 — only this paragraph’s changes are highlighted here.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 — Schedule 1

Shown within Part 4 of the Schedule (the rest of the Schedule is unchanged). Paragraph 8 (inserted by Nationality and Borders Act 2022) is not yet in force, shown lightened, so the new paragraph’s numbering reads correctly.

1 For the purposes of this Part of this Act, civil legal services are described in Part 1 of this Schedule if they are described in one of the paragraphs of that Part (other than in an exclusion), even if they are (expressly or impliedly) excluded from another paragraph of that Part.
2 References in this Schedule to an Act or instrument, or a provision of an Act or instrument—
(a) are references to the Act, instrument or provision as amended from time to time, and
(b) include the Act, instrument or provision as applied by another Act or instrument (with or without modifications).
3 References in this Schedule to services provided in relation to an act, omission or other matter of a particular description (however expressed) include services provided in relation to an act, omission or other matter alleged to be of that description.
4 References in this Schedule to services provided in relation to proceedings, orders and other matters include services provided when such proceedings, orders and matters are contemplated.
5
(1) Where a paragraph of Part 1 or 2 of this Schedule describes services that consist of or include services provided in relation to proceedings, the description is to be treated as including, in particular—
(a) services provided in relation to related bail proceedings,
(b) services provided in relation to preliminary or incidental proceedings,
(c) services provided in relation to a related appeal or reference to a court, tribunal or other person, and
(d) services provided in relation to the enforcement of decisions in the proceedings.
(2) Where a paragraph of Part 3 of this Schedule describes advocacy provided in relation to particular proceedings in or before a court, tribunal or other person, the description is to be treated as including services provided in relation to preliminary or incidental proceedings in or before the same court, tribunal or other person.
(3) Regulations may make provision specifying whether proceedings are or are not to be regarded as preliminary or incidental for the purposes of this paragraph.
6 For the purposes of this Schedule, regulations may make provision about—
(a) when services are provided in relation to a matter;
(b) when matters arise under a particular enactment;
(c) when proceedings are proceedings under a particular enactment;
(d) when proceedings are related to other proceedings.
7 In this Schedule “enactment” includes—
(a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
(b) an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales.
8 In this Schedule—
“civil legal services provided to an individual in relation to referral into the national referral mechanism” means—(a)advice on the national referral mechanism, or(b)other civil legal services in connection with accessing that mechanism,provided to an individual before a reasonable grounds decision has been made in relation to that individual;
”competent authority” (in relation to the national referral mechanism) means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);
“national referral mechanism” means the national framework (known as the National Referral Mechanism) for identifying and referring potential victims of modern slavery and ensuring they receive appropriate support;
“reasonable grounds decision” and “conclusive grounds decision” have the same meaning as in Part 5 (modern slavery) of the Nationality and Borders Act 2022 (see section 69 of that Act).
9 In this Schedule, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
46 amends

In the Border Security, Asylum and Immigration Act 2025, omit sections 49 and 50 (insertion of sections 86A and 86B of the Nationality, Immigration and Asylum Act 2002).

Amends Border Security, Asylum and Immigration Act 2025, section 49 — Timeframe for determination of appeal brought by appellant receiving accommodation support
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Border Security, Asylum and Immigration Act 2025 — section 49
After section 86 of the Nationality, Immigration and Asylum Act 2002 insert—86ATimeframe for determination of appeal under section 82(1)(a) where appellant is receiving accommodation support(1)This section applies on an appeal under section 82(1)(a) brought by a person to whom, at the time the appeal is instituted, accommodation is being provided under section 95 or 98 of the Immigration and Asylum Act 1999. (2)The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted. (3)But subsection (2) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
Amends Border Security, Asylum and Immigration Act 2025, section 50 — Timeframe for determination of certain appeals brought by non-detained appellants liable to deportation
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Border Security, Asylum and Immigration Act 2025 — section 50
(1) After section 86A of the Nationality, Immigration and Asylum Act 2002 (as inserted by section 49) insert—86BTimeframe for determination of appeal brought by certain non-detained appellants liable to deportation(1)This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection (2). (2)A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person— (a)is not detained (whether under any provision of the Immigration Acts or otherwise), (b)has been convicted of an offence (whether in or outside the United Kingdom), and (c)is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good). (3)The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted. (4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
(2) In Schedule 2 to the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (application of the 2002 Act to appeals to the Tribunal)—
(a) in paragraph 1, after paragraph (b) insert—(ba)section 86B;;
(b) in paragraph 3, after sub-paragraph (5) insert— (5A)Section 86B has effect as if for subsection (4) there were substituted—(4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.
(3) In Schedule 2 to the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals to the First-tier Tribunal), as it continues to have effect following its revocation, after paragraph 1 insert—1ASection 86B of the 2002 Act (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) applies in relation to an appeal under these Regulations to the First-tier Tribunal as it applies in relation to an appeal under section 82(1) of the 2002 Act but as if for subsection (4) there were substituted—(4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.

Schedule 2 — The Independent Immigration Appeals Authority

Introduced by Section 2(10)

Explanatory Notes · published by the Government with the Bill
118. This schedule provides further details on the constitution of the IIAA. 119. Status: Paragraph 1 makes clear that the IIAA is not to be a servant or agent of the Crown, i.e. it is separate from His Majesty’s Government. The consequence of this is that the IIAA’s staff will be public servants, rather than civil servants. This serves to underpin the independence of the IIAA from government. 120. Membership: selection and eligibility: Paragraph 2 sets out that all appointments of members of the IIAA must be made on the basis of fair and open competition. It also provides that no member of the IIAA can become a Member of Parliament in England, Scotland, Wales or Northern Ireland. This includes IIAA adjudicators as well as executive and non-executive members. The disqualification criteria above mirrors that in place for both judges and civil servants, and implicitly sets in statute the expectation that all staff in the IIAA are to perform their functions impartially. 121. Tenure of non-executive members: Paragraph 3 gives a power to the Secretary of State to remove a non-executive member (the Chair or the PSO) under the circumstances specified in the paragraph. These are if the Secretary of State is satisfied that the person: a. is guilty of serious misconduct, b. has a conflict of interest, c. is unable, unfit or unwilling to carry out their functions. 122. Remuneration and pension of the non-executive members: Paragraph 4 makes arrangements for the payment of non-executive members. 123. Executive members: terms and conditions: Paragraph 5 makes clear that executive members are to be employees of the IIAA. The first CE and CAO appointed by the Secretary of State are to be employed on terms and conditions of their employment contract as set by the sponsoring department on behalf of the Secretary of State. Those that are employed subsequently by the IIAA are to be on terms and conditions determined by the IIAA. It also makes clear that the IIAA must either pay or provide a pension scheme as it may determine. 124. Other staff: appointment, terms and conditions: Paragraph 6 enables the IIAA to appoint additional employees and staff that would not be executive members. It specifies when appointing employees or staff the IIAA must have regard to the principle of selection on merit on the basis of fair and open competition, and on terms and conditions that the IIAA may determine. These employees are also to be paid or provided a pension scheme as the IIAA may determine. 125. Committees: Paragraph 7 allows the IIAA to set up committees as required to exercise any of its ancillary functions or for the purpose of giving advice to inform the performance of its functions. Any committee that discharges an ancillary function of the IIAA must include a member, employee or staff member. These committees can also establish sub-committees, which must include at least one person who is a member of the committee that established it. 126. Delegation: Paragraph 8 sets out how the IIAA may delegate its ancillary functions to a member of the IIAA, an employee or other staff member, or a committee of the IIAA. A committee may also delegate functions to one of its members or to a sub-committee. Any delegation is subject to the terms set by the IIAA or committee, and does not prevent the IIAA or committee from exercising the function itself. Any delegation made under this paragraph does not apply to the Chief Appeals Officer’s functions, which may only be delegated to a senior adjudicator. 127. Procedure etc.: Paragraph 9 sets out that the IIAA can regulate its own procedures and the procedures of its committees, including what is required of committee members. 128. Validity of acts: Paragraph 10 makes clear that the validity of IIAA proceedings, or proceedings of a committee of the IIAA, is not affected by a vacancy in the membership of the IIAA or committee, or by a defect in the appointment of a member of the IIAA. It prevents decisions or proceedings from being undermined solely because there is a vacancy or technical issue with an appointment, supporting the stable and effective functioning of the IIAA. 129. Reports and accounts Paragraph 11 places a duty on the IIAA to send a report on the exercise of the IIAA’s functions to the Secretary of State, who then must lay this before Parliament. It also places a duty on the IIAA to send a statement of accounts to the Secretary of State and the Comptroller and Auditor General. The Secretary of State must lay before Parliament a copy of the statement of accounts, as well as a copy of a report (on the statement of accounts) prepared by the Comptroller and Auditor General. The aim of this paragraph is to ensure the IIAA is held to account by Parliament through reporting mechanisms. 130. Funding: Paragraph 12 sets out how the IIAA will be funded. The sponsoring department (the Home Office) will provide funding to enable the IIAA to perform its duties and the Secretary of State may attach conditions to that funding.
Amendments tabled 1 · 1 would remove the whole Schedule · 1 decided

Changes MPs have proposed to this Schedule at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 20
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole Schedule Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 60, line 2, leave out Schedule 2

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

1
(1)The IIAA is not to be regarded—
(a)as a servant or agent of the Crown, or
(b)as enjoying any status, immunity or privilege of the Crown.
(2)The members and employees of the IIAA are not to be regarded as Crown servants.
2 amends
(1)A person may not be appointed as a member of the IIAA unless they have been selected on merit on the basis of fair and open competition.
(2)In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert—
The Independent Immigration Appeals Authority.
(3)In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert—
The Independent Immigration Appeals Authority.
(4)In Part 1 of the Schedule to the Scottish Parliament (Disqualification) Order 2025 (S.S.I. 2025/284) (office-holders disqualified from being a member of the Scottish Parliament), at the appropriate place insert—
Any member of the Independent Immigration Appeals Authority.
(5)In the Schedule to the Senedd Cymru (Disqualification) Order 2025 (Gorchymyn Senedd Cymru (Anghymhwyso) 2025) (S.I. 2025/1183), in the table—
(a)in the Welsh language text, after the entry for “Yr Asiantaeth Safonau Bwyd” insert—;
Yr Awdurdod Apelau Mewnfudo Annibynnol Yr holl aelodau
(b)in the English language text, after the entry for “Human Tissue Authority” insert—.
The Independent Immigration Appeals Authority All members
Amends House of Commons Disqualification Act 1975, Schedule 1 — Offices disqualifying for membership
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
House of Commons Disqualification Act 1975 — Schedule 1

Shown within Part II of the Schedule (the rest of the Schedule is unchanged).

The Accounts Commission for Scotland.
...
The Advanced Research and Invention Agency.
...
...
The Agriculture and Horticulture Development Board.
...
The Antarctic Act Tribunal established under regulations made under the Antarctic Act 1994.
...
An Arbitration Tribunal established under Schedule 3 to the Industry Act 1975.
The Armed Forces Pay Review Body.
The Arts Council of England.
The Board of the Pension Protection Fund.
Boundaries Scotland
The British Railways Board.
...
The British Transport Police Authority.
The British Waterways Board.
The Building Safety Regulator
Bwrdd yr Iaith Gymraeg (the Welsh Language Board).
The Care Council for Wales.
The Care Quality Commission and the Healthwatch England committee.
The Central Arbitration Committee.
The Channel Four Television Corporation.
The Charity Commission.
The Charity Commission for Northern Ireland.
...
...
The Children and Family Court Advisory and Support Service.
The Civil Aviation Authority.
The Civil Nuclear Police Authority.
The Civil Service Arbitration Tribunal.
The Civil Service Commission
The Coal Authority.
Commission for Architecture and the Built Environment.
The Commission for Equality and Human Rights.
The Commission on Human Medicines.
The Commission for Local Administration in England.
...
The Commission for Victims and Survivors for Northern Ireland.
The Committee on Climate Change.
The Competition Appeal Tribunal.
...
The Competition and Markets Authority.
The Competition Service.
The Consumer Council for Water, and each regional committee of the Council established under section 27A of the Water Industry Act 1991.
Consumer Scotland.
The Copyright Tribunal.
The Council of the Advisory, Conciliation and Arbitration Service.
...
The Covent Garden Market Authority.
The Criminal Cases Review Commission.
The Crown Estate Commissioners.
Crown Estate Scotland (Interim Management).
...
The Democracy and Boundary Commission Cymru.
The Development Commission.
A Development Corporation within the meaning of the New Towns Act 1981 or the New Towns (Scotland) Act 1968.
...
The Disability Living Allowance Advisory Board for Northern Ireland.
The Disclosure and Barring Service.
The Electoral Commission.
The Employment Appeal Tribunal.
The English Sports Council.
The Environment Agency.
Environmental Standards Scotland.
The Equality Commission for Northern Ireland.
The Fair Employment Tribunal for Northern Ireland.
The First-tier Tribunal.
The Food Standards Agency.
The Foreign Compensation Commission.
The Forestry Commissioners.
The Gambling Commission.
...
The Gas and Electricity Markets Authority.
...
The Health and Care Professions Council
The Health and Safety Executive.
...
The Health and Social Care Regulation and Quality Improvement Authority in Northern Ireland.
...
The Health Research Authority.
Healthcare Improvement Scotland.
Highlands and Islands Enterprise.
The Homes and Communities Agency.
The Horserace Betting Levy Appeal Tribunal for England and Wales.
The Human Fertilisation and Embryology Authority.
The Human Tissue Authority.
The Independent Commission for Police Complaints for Northern Ireland.
The Independent Football Regulator.
The Independent Immigration Appeals Authority.
The Independent Monitoring Authority for the Citizens' Rights Agreements.
The Independent Office for Police Conduct.
The Independent Parliamentary Standards Authority.
...
An Industrial Court established in Northern Ireland.
The Industrial Injuries Advisory Council.
...
The Infected Blood Compensation Authority.
The Information Commission.
Invest Northern Ireland.
A Joint Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act 1997.
The Judicial Appointments Commission.
The Labour Relations Agency.
The Lands Tribunal for Northern Ireland.
The Lands Tribunal for Scotland.
The Law Commission.
The Legal Services Board.
...
...
The Local Audit Office.
The Local Government Boundary Commission for England.
...
...
The Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998.
The Marine Management Organisation.
A Mayoral development corporation (see section 198 of the Localism Act 2011).
The Mental Health Review Tribunal for Wales
The Mental Health Review Tribunal for Northern Ireland.
The Mental Welfare Commission for Scotland.
The Money and Pensions Service.
The National Audit Office.
...
The NHS Pay Review Body.
...
The National Institute for Health and Care Excellence.
...
...
Natural England.
The Natural Resources Body for Wales.
The Northern Ireland Housing Executive.
The Northern Ireland Judicial Appointments Commission.
The Northern Ireland Law Commission.
The Northern Ireland Legal Services Commission.
The Northern Ireland Social Care Council.
The Nuclear Decommissioning Authority.
The Office for Budget Responsibility.
The Office of Communications.
The Office for Environmental Protection.
...
...
The Office for Legal Complaints.
The Office for Nuclear Regulation.
The Office of Rail and Road.
The Office of the Renewable Fuels Agency.
The Office for Standards in Education, Children's Services and Skills.
The Office for Students.
...
...
The Oil and Pipelines Agency.
The Parades Commission for Northern Ireland.
The Parole Board...
The Parole Board for Scotland...
A Pensions Appeal Tribunal.
The Pensions Regulator.
...
The Planning Appeals Commission constituted under section 203 of the Planning Act (Northern Ireland) 2011
A Planning Inquiry Commission constituted under Part III of the Town and Country Planning Act 1990.
A Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act 1997.
The Police Remuneration Review Body.
...
The Prison Service Pay Review Body.
The Professional Standards Authority for Health and Social Care
Qualifications Scotland.
A regional committee of the Gas and Electricity Consumer Council established under section 18(2) of the Utilities Act 2000.
A regional water authority established in accordance with section 2 of the Water Act 1973.
The Regulator of Social Housing
...
Revenue Scotland
...
The Review Body on Doctors and Dentists Remuneration.
The Risk Management Authority established under the Criminal Justice (Scotland) Act 2003.
A Rural Development Board.
The School Teachers' Review Body.
The Scottish Charity Regulator.
...
...
The Scottish Criminal Cases Review Commission.
Scottish Enterprise.
The Scottish Environment Protection Agency.
The Scottish Fiscal Commission
The Scottish Further and Higher Education Funding Council.
The Scottish Housing Regulator
The Scottish Land Court.
The Scottish Law Commission.
The Scottish Legal Aid Board.
Scottish Natural Heritage.
...
The Scottish Social Services Council.
Scottish Water.
The Sea Fish Industry Authority.
The Sea Fish Licence Tribunal.
The Security Industry Authority.
Seirbheis nam Meadhanan Gàidhlig.
The Senior Salaries Review Body.
...
Sianel Pedwar Cymru.
...
The Single Source Regulations Office.
Social Care and Social Work Improvement Scotland.
The Social Mobility and Child Poverty Commission
The Social Security Advisory Committee.
Social Work England.
...
The Standards Commission for Scotland.
The Statistics Board.
The Strategic Advisory Council established under section 9 of the Education (Scotland) Act 2025.
The Sustainable Development Commission (an advisory sub-committee of The Sustainable Development Commission Limited).
The Trade Remedies Authority.
The Training and Employment Agency Advisory Board in Northern Ireland.
The Transport Tribunal.
The Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000.
The Tribunal established under section 91 of the Northern Ireland Act 1998.
The trustee corporation established by section 75 of the Pensions Act 2008.
The Trustees of the National Heritage Memorial Fund.
The United Kingdom Atomic Energy Authority.
United Kingdom Research and Innovation (“UKRI”), any Council or other committee of UKRI and any sub-committee of such a Council or committee (see section 92 of, and paragraphs 9 and 10 of Schedule 9 to, the Higher Education and Research Act 2017).
The United Kingdom Sports Council.
The Upper Tribunal.
The Valuation Tribunal for England.
The Valuation Tribunal Service.
The Water Appeals Commission for Northern Ireland.
...
The Water Industry Commission for Scotland.
The Water Services Regulation Authority.
...
The Welsh Water Authority.
The Youth Justice Board for England and Wales.
Amends Northern Ireland Assembly Disqualification Act 1975, Schedule 1 — OFFICES DISQUALIFYING FOR MEMBERSHIP
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Northern Ireland Assembly Disqualification Act 1975 — Schedule 1

Shown within Part II of the Schedule (the rest of the Schedule is unchanged).

The Administrative Justice and Tribunals Council.
The Advanced Research and Invention Agency.
The Advisory Board for the Research Councils.
The Agrément Board.
The Agriculture and Horticulture Development Board.
The Agri-food and Biosciences Institute
...
...
An Arbitration Tribunal established under Schedule 3 to the Industry Act 1975.
The British Railways Board.
...
The British Waterways Board.
The Cable Authority
The Care Council for Wales.
The Care Quality Commission and the Healthwatch England committee.
The Channel Four Television Corporation
The Charity Commission.
The Charity Commission for Northern Ireland
The Charity Tribunal for Northern Ireland
...
...
The Civil Aviation Authority.
The Civil Service Commission
The Coal Authority
The Commission for Equality and Human Rights.
The Commission for Health Improvement
The Commission on Human Medicines.
The Commission for Local Administration in England.
The Commission for Local Administration in Wales.
The Commission for Victims and Survivors for Northern Ireland
The Committee on Climate Change.
The Competition Appeal Tribunal.
...
The Competition and Markets Authority.
The Competition Service.
The Consumer Council for Water, and each regional committee of the Council established under section 27A of the Water Industry Act 1991.
The Copyright Tribunal
...
The Criminal Cases Review Commission
The Crown Agents Holding and Realisation Board
The Crown Estate Commissioners.
...
A development corporation established under Part III of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003
...
...
The Disclosure and Barring Service.
The Electoral Commission.
...
The Environment Agency.
The Equality Commission for Northern Ireland.
The Fair Employment Tribunal for Northern Ireland
The First-tier Tribunal.
...
The Food Standards Agency
...
The Foreign Compensation Commission.
The Gambling Commission.
...
...
The Health and Care Professions Council
The Health and Safety Executive for Northern Ireland..
The Health and Social Care Information Centre.
The Historical Institutional Abuse Redress Board
The Homes and Communities Agency.
The Human Fertilisation and Embryology Authority
The Human Tissue Authority.
...
The Independent Broadcasting Authority.
The Independent Commission for Police Complaints for Northern Ireland
The Independent Immigration Appeals Authority.
The Independent Monitoring Authority for the Citizens' Rights Agreements.
The Independent Office for Police Conduct.
The Independent Parliamentary Standards Authority.
....
An Industrial Court.
The Industrial Estates Corporations constituted in accordance with the Local Employment Act 1972.
The Industrial Injuries Advisory Council.
The Infected Blood Compensation Authority.
...
...
Invest Northern Ireland
The Juvenile Justice Board.
The Labour Relations Agency.
The Lands Tribunal for Northern Ireland.
The Lands Tribunal for Scotland.
The Law Commission.
The Legal Services Board.
...
The Livestock and Meat Commission for Northern Ireland.
The Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998.
The Mental Health Review Tribunal for Northern Ireland constituted under the Mental Health Act (Northern Ireland) 1961.
The Metrication Board.
The Ministry of Defence (Army Department) Teachers Selection Board.
The Money and Pensions Service.
The National Audit Office.
A National Broadcasting Council.
The National Consumer Council.
The National Institute for Health and Care Excellence.
...
...
The National Research Development Corporation.
A New Town Commission established under the New Towns Act (Northern Ireland) 1965.
The Northern Ireland Authority for Utility Regulation.
The Northern Ireland Fire and Rescue Service Board
The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.
The Northern Ireland Housing Executive.
The Northern Ireland Judicial Appointments Commission.
The Northern Ireland Law Commission.
The Northern Ireland Library Authority
The Northern Ireland Practice and Education Council for Nursing and Midwifery.
The Northern Ireland Social Care Council.
The Northern Ireland Valuation Tribunal
The Nuclear Decommissioning Authority.
The Office for Budget Responsibility.
The Office of Communications.
The Office for Environmental Protection.
...
...
The Office for Legal Complaints.
The Office for Nuclear Regulation.
The Office for Standards in Education, Children's Services and Skills.
The Office for Students.
...
The Oil and Pipelines Agency
A panel of Chairmen of Reinstatement Committees constituted under Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 for the purposes of section 8 of that Act
The Panel of Official Arbitrators constituted for the purposes of the Acquisition of Land (Assessment of Compensation) Act 1919.
The Parades Commission for Northern Ireland.
The Board of the Pension Protection Fund.
A Pensions Appeal Tribunal.
The Pensions Regulator.
...
The Planning Appeals Commission in Northern Ireland.
The Probation Board for Northern Ireland.
The Professional Standards Authority for Health and Social Care
...
...
A Rural Development Board in Northern Ireland.
The Scottish Committee of the Administrative Justice and Tribunals Council.
The Scottish Environment Protection Agency.
The Scottish Land Court.
The Scottish Law Commission.
The Sea Fish Industry Authority.
The Sea Fish Licence Tribunal.
The Security Industry Authority
Seirbheis nam Meadhanan Gàidhlig
...
...
The Single Source Regulations Office.
The Social Mobility and Child Poverty Commission
The Social Security Advisory Committee.
The Sports Grounds Safety Authority.
The Staff Commission for Wales (Comisiwn Staff Cymru).
...
The Statistics Board
The Strategic Rail Authority.
The Trade Remedies Authority.
The Transport Tribunal.
A tribunal established under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996, including any panel constituted for the purposes of any such tribunal.
The Tribunal established under section 91 of the Northern Ireland Act 1998.
The Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000.
The trustee corporation established by section 75 of the Pensions Act 2008.
The United Kingdom Atomic Energy Authority.
United Kingdom Research and Innovation (“UKRI”), any Council or other committee of UKRI and any sub-committee of such a Council or committee (see section 92 of, and paragraphs 9 and 10 of Schedule 9 to, the Higher Education and Research Act 2017).
The University Grants Committee.
The Upper Tribunal.
The Victims' Payments Board.
The Water Appeals Commission for Northern Ireland.
The Water Services Regulation Authority.
The Welsh Committee of the Administrative Justice and Tribunals Council.
Amends The Scottish Parliament (Disqualification) Order 2025, the Schedule — SCHEDULEArticles 2 and 3
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
The Scottish Parliament (Disqualification) Order 2025 — the Schedule

Shown within Part 1 of the Schedule (the rest of the Schedule is unchanged).

Adjudicator appointed by the Commissioners for His Majesty’s Revenue and Customs.
Adjudicator appointed under section 25 of the School Standards and Framework Act 1998.
Advocate Depute (not being the Solicitor General for Scotland) appointed by the Lord Advocate.
Ambassador or Permanent Representative to an international organisation representing His Majesty’s Government in the United Kingdom.
Any member of the Accounts Commission for Scotland.
Any member of the Advanced Research and Invention Agency.
Any member of the Advisory Council established under section 3 of the Scottish Qualifications Authority Act 2002.
Any member of the Advisory Panel to the Future Generations Commissioner for Wales.
Any member of the Advisory Panel to the Welsh Language Commissioner.
Any member of the Agriculture and Horticulture Development Board.
Any member of the Anglesey, Haven Waterway, Port Talbot Waterfront or Snowdonia Enterprise Zone advisory boards.
Any member of the Antarctic Act Tribunal established under regulations made under the Antarctic Act 1994.
Any member of an Arbitration Tribunal established under schedule 3 of the Industry Act 1975.
Any member of the Architects Registration Board.
Any member of the Armed Forces Pay Review Body.
Any member of the Arts Council of England.
Any member of Bòrd na Gàidhlig.
Any member of Boundaries Scotland.
Any member of a Boundary Commission continued under section 2 of the Parliamentary Constituencies Act 1986.
Any member of the British Pharmacopoeia Commission.
Any member of the British Transport Police Authority.
Any member of the British Waterways Board.
Any member of the Care Quality Commission and the Healthwatch England committee.
Any member of the Central Arbitration Committee.
Any member of the Channel Four Corporation.
Any member of the Charity Commission for England and Wales.
Any member of the Charity Commission for Northern Ireland.
Any member of the Children and Family Court Advisory and Support Service.
Any member of the Citizen Voice Body for Health and Social Care.
Any member of the Civil Aviation Authority.
Any member of the Civil Nuclear Police Authority.
Any member of the Civil Service Arbitration Tribunal.
Any member of the Civil Service Commission.
Any member of the Coal Authority.
Any member of the Commission for Equality and Human Rights.
Any member of the Commission on Human Medicines.
Any member of the Commission for Local Administration in England.
Any member of the Commission for Victims and Survivors for Northern Ireland.
Any member of the Committee on Climate Change.
Any member of the Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment.
Any member of Community Justice Scotland.
Any member of the Competition Appeal Tribunal.
Any member of the Competition and Markets Authority.
Any member of the Competition Service.
Any member of the Consumer Council for Water, and each regional committee of the Council established under section 27A of the Water Industry Act 1991.
Any member of Consumer Scotland.
Any member of the Copyright Tribunal.
Any member of the Council of the Advisory, Conciliation and Arbitration Service.
Any member of the Covent Garden Market Authority.
Any member of Creative Scotland.
Any member of the Criminal Cases Review Commission.
Any member of the Criminal Courts Rules Council.
Any member of the Crown Estate Commissioners.
Any member of Crown Estate Scotland.
Any member of the Development Commission.
Any member of a Development Corporation within the meaning of the New Towns Act 1981 or the New Towns (Scotland) Act 1968.
Any appointed member of the Disclosure and Barring Service.
Any member of the Education Workforce Council.
Any member of the Electoral Commission.
Any member of the Employment Appeal Tribunal.
Any member of the English Sports Council.
Any member of the Environment Agency.
Any member of Environmental Standards Scotland.
Any member of the Fair Employment Tribunal for Northern Ireland.
Any member of the First-tier Tribunal.
Any member of the First-tier Tribunal for Scotland.
Any member of the Food and Drink Wales Industry Board.
Any member of the Food Standards Agency.
Any member of Food Standards Scotland.
Any member of the Foreign Compensation Commission.
Any member of the Forestry Commissioners.
Any member of the Gambling Commission.
Any member of the board of the Gangmasters and Labour Abuse Authority.
Any member of the Gas and Electricity Markets Authority.
Any member of the Health and Safety Executive.
Any member of the Health and Social Care Regulation and Quality Improvement Authority in Northern Ireland.
Any member of the Health Research Authority.
Any member of Healthcare Improvement Scotland.
Any member of Highlands and Islands Enterprise.
Any member of Historic Environment Scotland (within the meaning of paragraph 2 of schedule 1 of the Historic Environment Scotland Act 2014).
Any member of the Homes and Communities Agency.
Any member of the Horserace Betting Levy Appeal Tribunal for England and Wales.
Any member of the Human Fertilisation and Embryology Authority.
Any member of the Human Tissue Authority.
Any member of the Independent Commission for Police Complaints for Northern Ireland.
Any member of the Independent Family Returns Panel.
Any member of the Independent Immigration Appeals Authority.
Any member of the Independent Monitoring Authority for the Citizens’ Rights Agreements.
Any member of the Independent Parliamentary Standards Authority.
Any member of the Independent Office for Police Conduct.
Any member of the Independent Reconfiguration Panel.
Any member of an Industrial Court established in Northern Ireland.
Any member of the Industrial Injuries Advisory Council.
Any member of the Information Commission.
Any member of an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006.
Any member of an inquiry panel appointed under the Inquiries Act 2005.
Any member of Invest Northern Ireland.
Any member of a Joint Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act 1997.
Any member of the Judicial Appointments Board for Scotland.
Any member of the Judicial Appointments Commission.
Any member of the Labour Relations Agency.
Any member of the Lands Tribunal for Northern Ireland.
Any member of the Lands Tribunal for Scotland.
Any member of the Law Commission.
Any member of the Legal Services Board.
Any member of the Local Government Boundary Commission for England.
Any member of the Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998.
Any member of the Marine Management Organisation.
Any member of the Mental Health Review Tribunal for Northern Ireland.
Any member of the Mental Health Review Tribunal for Wales.
Any member of the Mental Welfare Commission for Scotland.
Any member of the Money and Pensions Service.
Any member of the National Crime Agency Remuneration Review Body.
Any member of the Board of Trustees for the National Galleries of Scotland.
Any member of the National Infrastructure Commission for Wales.
Any member of the National Institute for Health and Care Excellence.
Any member of the National Library of Scotland.
Any member of the Board of Trustees of the National Museums of Scotland.
Any member of Natural England.
Any member of the Natural Resources Body for Wales.
Any member of the NHS Pay Review Body.
Any member of the Northern Ireland Housing Executive.
Any member of the Northern Ireland Judicial Appointments Commission.
Any member of the Northern Ireland Law Commission.
Any member of the Northern Ireland Legal Services Commission.
Any member of the Northern Ireland Social Care Council.
Any member of the Nuclear Decommissioning Authority.
Any member of the Office for Budget Responsibility.
Any member of the Office of Communications.
Any member of the Office for Legal Complaints.
Any member of the Office for Nuclear Regulation.
Any member of the Office of Rail and Road.
Any member of the Office for Standards in Education, Children’s Services and Skills.
Any member of the Office for Students.
Any member of the Oil and Pipelines Agency.
Any member of the Parades Commission for Northern Ireland.
Any member of the Parole Board for England and Wales.
Any member of the Parole Board for Scotland.
Any member of the Board of the Pension Protection Fund.
Any member of a Pensions Appeal Tribunal.
Any member of the Pensions Regulator.
Any member of the Planning Appeals Commission constituted under section 203 of the Planning Act (Northern Ireland) 2011.
Any member of a Planning Inquiry Commission constituted under Part III of the Town and Country Planning Act 1990.
Any member of a Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act 1997.
Any member of the Planning Inspectorate Board.
Any member of the Police Advisory Board for England and Wales.
Any member of the Police Remuneration Review Body.
Any member of the Poverty and Inequality Commission.
Any member of the Prison Service Pay Review Body.
Any member of the Professional Standards Authority for Health and Social Care.
Any member of Qualifications Wales.
Any member of a regional water authority established in accordance with section 2 of the Water Act 1973.
Any member of the Regulatory Policy Committee.
Any member of Revenue Scotland.
Any member of the Review Body on Doctors’ and Dentists’ Remuneration.
Any member of the Risk Management Authority established under the Criminal Justice (Scotland) Act 2003.
Any member of the Board of Trustees of the Royal Botanic Gardens, Edinburgh.
Any member of the School Teachers’ Review Body.
Any member of the Scottish Charity Regulator.
Any member of the Scottish Civil Justice Council.
Any member of the Scottish Commission for Human Rights.
Any member of the Scottish Commission on Social Security.
Any member of the Scottish Courts and Tribunals Service.
Any member of the Scottish Criminal Cases Review Commission.
Any member of Scottish Enterprise.
Any member of the Scottish Environment Protection Agency.
Any member of the Scottish Fire and Rescue Service.
Any member of the Scottish Fiscal Commission.
Any member of the Scottish Fuel Poverty Advisory Panel.
Any member of the Scottish Further and Higher Education Funding Council.
Any member of the Scottish Health Council established under paragraph 8(1) of schedule 5A of the National Health Service (Scotland) Act 1978.
Any member of the Scottish Housing Regulator.
Any member of the Scottish Land Commission.
Any member of the Scottish Land Court.
Any member of the Scottish Law Commission.
Any member of the Scottish Legal Aid Board.
Any member of the Scottish Legal Complaints Commission.
Any member of Scottish Natural Heritage.
Any member of the Scottish Qualifications Authority.
Any member of the Scottish Sentencing Council.
Any member of the Scottish Social Services Council.
Any member of Scottish Water.
Any member of the Sea Fish Industry Authority.
Any member of the Sea Fish Licence Tribunal.
Any member of the Security Industry Authority.
Any member of Seirbheis nam Meadhanan Gàidhlig.
Any member of the Senior Salaries Review Body.
Any member of Sianel Pedwar Cymru Board.
Any member of the Single Source Regulations Office.
Any member of Social Care and Social Work Improvement Scotland.
Any member of Social Care Wales.
Any member of the Social Mobility Commission.
Any member of the Social Security Advisory Committee.
Any member of Social Work England.
Any member of South of Scotland Enterprise.
Any member of the Standards Commission for Scotland.
Any member of the Standing Advisory Committee on Vaccination and Immunisation.
Any member of the Statistics Board.
Any member of the Transport Tribunal.
Any member of the Tribunal established under section 91 of the Northern Ireland Act 1998.
Any member of the Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000.
Any member of the trustee corporation established by section 75 of the Pensions Act 2008.
Any member of the Trustees of the National Heritage Memorial Fund.
Any member of the United Kingdom Atomic Energy Authority.
Any member of United Kingdom Research and Innovation, any Council or other committee of United Kingdom Research and Innovation, or any sub-committee of such a Council or committee.
Any member of the United Kingdom Sports Council.
Any member of the Upper Tribunal.
Any member of the Upper Tribunal for Scotland.
Any member of the Valuation Tribunal for England.
Any member of the Valuation Tribunal Service.
Any member of the Water Appeals Commission for Northern Ireland.
Any member of the Water Industry Commission for Scotland.
Any member of the Water Services Regulation Authority.
Any member of the Welsh for Adults Scrutiny Committee.
Any member of the Welsh Language Partnership Council.
Any member of the Welsh Language Tribunal.
Any member of the Welsh Water Authority.
Any member of the Youth Justice Board for England and Wales.
Appeal Officer for Community Interest Companies.
Assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988.
Assessor appointed under the Inquiries Act 2005.
Assessor of Public Undertakings (Scotland).
Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973.
Assistant Commissioner appointed under schedule 1 of the Parliamentary Constituencies Act 1986.
Assistant Electoral Commissioners.
Attorney General of the Duchy of Lancaster.
Auditor of the Civil List.
Auditor of the Court of Session.
Auditor General for Scotland.
Auditor General for Wales.
Certification Officer or any assistant certification officer.
Certification Officer for Northern Ireland appointed under Article 69 of the Industrial Relations (Northern Ireland) Order 1992.
Chair of the Adoption and Special Guardianship Leadership Board.
Chairman or Medical Director of the Advisory Committee on Clinical Excellence Awards.
Chair or independent member of the Agricultural Advisory Panel for Wales.
Chairman of an Agricultural Land Tribunal or member of a panel appointed under paragraph 14 or 15 of schedule 9 of the Agriculture Act 1947.
Chairman or deputy chairman of the Agri-Food and Biosciences Institute.
Chairman or Vice-Chairman of the Arts Council of Northern Ireland.
Chairman of the Board of Governors of the Commonwealth Institute.
Chair of the board of management of a college of further education which is designated as a regional college by order under section 7A(1) of the Further and Higher Education (Scotland) Act 2005.
Chairman or ordinary member of the British Broadcasting Corporation Board.
Chairman or Director-General of the British Council.
Chairman, or director appointed by the Secretary of State, of British International Investment plc (formerly CDC Group plc).
Chairman of the British Library Board.
Chairman of the Chief Executives’ Forum in Northern Ireland.
Chairman or Deputy Chairman of the Civil Service Appeal Board.
Chairman of the Committee on Standards in Public Life.
Chairman or any member, not also being an employee, of the management committee of the Common Services Agency for the Scottish Health Service constituted under the National Health Service (Scotland) Act 1978.
Chairman, executive director or Chief Executive Officer of Community Health Partnerships Limited.
Convener of the Crofting Commission.
Chairman or Deputy Chairman of the Financial Reporting Council.
Chairman of the General Consumer Council for Northern Ireland.
Chairman or any member, not also being an employee, of a Health Board or a Special Health Board constituted under the National Health Service (Scotland) Act 1978.
Chairman of the Health and Safety Executive for Northern Ireland.
Chairman or non-executive director of a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.
Chairman or Deputy Chairman, in receipt of remuneration, of the Historic Buildings and Monuments Commission for England.
Chair of the Independent Advisory Panel on Deaths in Custody.
Paid Chairman of an Industrial Training Board constituted under the Industrial Training Act 1964 or the Industrial Training Act 1982 or of a committee appointed under either of those Acts or paid Deputy Chairman of such a board.
Chairman of the Joint Nature Conservation Committee.
Chairman of the Livestock and Meat Commission for Northern Ireland.
Chairman or Chief Executive of the Local Government Staff Commission for Northern Ireland.
Chairman or any member, not also being an employee, of a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
Chair of the Board, chief executive, or non-executive director of Located Property Limited (known as LocatED).
Chair, chief executive officer, non-executive director or member of staff of National Energy System Operator Limited.
Chairman or Director of the National Forest Company.
Chair or non-executive member of NHS England.
Chairman or other non-executive director of an NHS foundation trust.
Chairman, executive director or Chief Executive Officer of NHS Property Services Limited.
Chairman or non-executive director of a National Health Service trust established under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006.
Chairman of the Northern Ireland Civil Service Appeal Board.
Chairman of the Northern Ireland Clinical Excellence Awards Committee.
Chairman of the Northern Ireland Community Relations Council.
Chairman of the Northern Ireland Council for the Curriculum, Examinations and Assessment.
Chairman of the Northern Ireland Higher Education Council.
Chair of the Northern Ireland Library Authority.
Chairman of, or secretary to, the Northern Ireland Local Government Officers’ Superannuation Committee.
Chairman or vice-chairman of the Northern Ireland Policing Board.
Chair or Chief Executive of NPL Management Limited.
Chairman of the Northern Ireland Screen Commission.
Chairman of the Northern Ireland Tourist Board.
Chair or chief executive officer of Oak National Academy Limited.
Chair of the Office for Strategic Coordination of Health Research.
Chairman or Chief Executive Officer of Ordnance Survey Limited.
Chair or any member, not also being an employee, of the Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Chairman, or any member of the panel, of the Plant Varieties and Seeds Tribunal.
Chairman of the Probation Board for Northern Ireland.
Chairman of Quality Meat Scotland.
Chair or any member, not also being an employee, of the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Chair of a regional board established by or in pursuance of section 7B(2) of the Further and Higher Education (Scotland) Act 2005.
Chair or any member, not also being an employee, of the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Chairman of a Regional Flood and Coastal Committee for any area of England and Wales.
Chair or any member, not also being an employee, of the Regulator of Social Housing.
Convenor of the School Closure Review Panels.
Chairman of the Scottish Dental Practice Board or a member of that Board appointed at an annual salary.
Chairman of the Scottish Legal Aid Board.
Chair or Vice-Chair of the Scottish Sports Council (known as sportscotland).
Chairman or any member, not also being an employee, of any Special Health Authority.
Chairman of a special health and social care agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.
Chairman or Vice-Chairman of the Sports Council for Northern Ireland.
Chairman or Vice-Chairman of the Sports Council for Wales (known as Sport Wales).
Chairman or Chief Executive of the Student Loans Company Limited.
Chair, executive director or Chief Executive Officer of Supply Chain Coordination Limited.
Chair or any member of the board of directors of United Kingdom Anti-Doping Limited.
Chair or Chief Executive of UK Shared Business Services Limited.
Chairperson or non-executive member of the Welsh Revenue Authority.
Chairman of the Women’s Royal Voluntary Service.
Chairman or Vice-Chairman of the Youth Council for Northern Ireland.
Chief Commissioner or Commissioner of the Equality Commission for Northern Ireland.
Chief Commissioner or Commissioner of the Northern Ireland Human Rights Commission.
Chief Electoral Officer for Northern Ireland or any whole time officer appointed under section 14A(1) of the Electoral Law Act (Northern Ireland) 1962.
Chief Executive or any member of the Democracy and Boundary Commission Cymru.
Chief Executive or member of, or constable seconded to, the Scottish Police Authority.
Chief Inspector of Criminal Justice in Northern Ireland.
Chief Inspector of the UK Border Agency.
Chief Land Registrar.
Chief Ombudsman or an assistant ombudsman appointed under section 122 of the Legal Services Act 2007.
Chief Regulator of Qualifications and Examinations, the chair of the Office of Qualifications and Examinations Regulation and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration.
Children’s Commissioner.
Children’s Commissioner for Wales.
Civil Service Commissioner for Northern Ireland.
Clerk or deputy clerk of a district council in Northern Ireland.
Commissioner for Children and Young People for Northern Ireland.
Commissioner for Children and Young People in Scotland.
Commissioner of the City of London Police.
Commissioner for Countering Extremism.
Commissioner for Ethical Standards in Public Life in Scotland.
Commissioner of the Independent Commission for Aid Impact.
Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or schedule 4 of, the Local Government Act (Northern Ireland) 1972.
Commissioner for Older People in Wales.
Commissioner for Public Appointments.
Commissioner for Public Appointments for Northern Ireland.
Commissioner for the Retention and Use of Biometric Material.
Commons Commissioner.
Compliance Officer for the Independent Parliamentary Standards Authority.
Comptroller and Auditor General.
Comptroller and Auditor General for Northern Ireland.
Controller of Audit appointed under section 97(4) of the Local Government (Scotland) Act 1973.
Coroner, deputy coroner or assistant deputy coroner appointed under the Coroners Act 1988.
Coroner or deputy coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959.
Counsel to the Secretary of State under the Private Legislation Procedure (Scotland) Act 1936.
Crown Solicitor for Northern Ireland.
Deputy Chief Coroner appointed by the Lord Chancellor under Part 1 of the Coroners and Justice Act 2009 who is not also a senior coroner.
Director of any company in respect of which an undertaking to make advances has been given by the Secretary of State under section 2 of the Highlands and Islands Shipping Services Act 1960 and is for the time being in force, being a director nominated by the Secretary of State.
Director of any company in receipt of financial assistance under Part III or section 13 of the Industrial Development Act 1982, being a director nominated by a Minister of the Crown or government department.
Director of a company for the time being holding an appointment under Chapter I of Part II of the Water Industry Act 1991 or of such a company’s holding company, being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.
Director of a company which, within the meaning of Part II of the Railways Act 1993, is a successor company wholly owned by the Crown, being a director nominated or appointed by a Minister of the Crown or by any other person acting on behalf of the Crown.
Director of a publicly owned successor company (within the meaning of the Atomic Energy Authority Act 1995).
Director of the successor company (within the meaning of the Crown Agents Act 1995), being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.
Director of any of the following—
(a) a company which for the time being holds a licence under Chapter I of Part I of the Transport Act 2000 (a licence company);
(b) a company of which a licence company is a subsidiary (within the meaning given by section 1159 of the Companies Act 2006);
(c) a company which is a subsidiary (within the meaning so given) of a licence company.
Amends The Senedd Cymru (Disqualification) Order 2025, the Schedule — Offices disqualifying persons from being a Member of the Senedd
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
The Senedd Cymru (Disqualification) Order 2025 — the Schedule
Bodies in respect of which there are disqualifying offices — The disqualifying offices
A National Park authority for a National Park in Wales — All members appointed under article 6 of the National Park Authorities (Wales) Order 1995 and persons holding a politically restricted post, within the meaning of Part 1 of the Local Government and Housing Act 1989
A tribunal constituted under section 27 of, and paragraph 1 of Schedule 3 to the Education Act 2005 — All members appointed under paragraph 1 of Schedule 3 to the Education Act 2005
A tribunal referred to in paragraph 10 of Schedule 26 to the School Standards and Framework Act 1998 — All members appointed under paragraph 1 of Schedule 3 to the Education Act 2005
Adjudication Panel for Wales — All members appointed under section 75(5) of the Local Government Act 2000
Advisory Committee on Dangerous Pathogens — All members
The advisory committee for Wales established under section 5(1) of the Food Standards Act 1999 — All members appointed under paragraph 2 of Schedule 2 to the Food Standards Act 1999
Advisory, Conciliation and Arbitration Service — All members of the Council appointed under section 248(1) of the Trade Union and Labour Relations (Consolidation) Act 1992
Agricultural Advisory Panel for Wales — Chair, and independent agriculture member, and independent education member, appointed by the Welsh Ministers under articles 4 and 5 of the Agricultural Advisory Panel for Wales (Establishment) Order 2016
Agricultural Land Tribunal for Wales — All members appointed under paragraph 13(1) and paragraph 16 of Schedule 9 to the Agriculture Act 1947
Armed Forces Commissioner as established by section 365AA of the Armed Forces Act 2006 — The Armed Forces Commissioner appointed under section 365AA of the Armed Forces Commissioner Act 2006
Arts Council of Wales — All members appointed in accordance with article 4(2) of their Royal Charter, granted on 30th March 1994
Big Lottery Fund — All members appointed under paragraph 1 of Schedule 4A to the National Lottery etc. Act 1993, or of a committee established under paragraph 7(1)(b) of that Schedule
Board of Medical Referees — All members appointed by, or in accordance with arrangements made by, the Welsh Ministers under regulation 166(3) of the Firefighters’ Pension Scheme (Wales) Regulations 2015
Boundary Commission for Wales — Commissioners and Secretary appointed under paragraphs 2 and 7 of Schedule 1 to the Parliamentary Constituencies Act 1986
British Broadcasting Corporation Board — All members appointed in accordance with articles 22 to 26 of their Royal Charter granted on 1st January 2017
British Council (Company number RC000060) — Chair and Chief Executive appointed in accordance with Bye-Law 4, or article 14, of their Supplemental Royal Charter granted on 26th November 1993
British Tourist Authority — The member appointed by the Welsh Ministers under section 1(2)(b) of the Development of Tourism Act 1969
British Transport Police Authority — All members appointed under section 18(2), and paragraph 1 of Schedule 4, to the Railways and Transport Safety Act 2003
Certification Officer and any assistant certification officer having functions under the Trade Union and Labour Relations (Consolidation) Act 1992 — Certification Officer and any assistant certification officer appointed under section 254 of the Trade Union and Labour Relations (Consolidation) Act 1992
Channel Four Television Corporation — All members appointed under section 23(2) of the Broadcasting Act 1990
Citizen Voice Body — Non-Executive members appointed under section 12(2), and paragraph 2(1)(a) to (c) of Schedule 1, to the Health and Social Care (Quality and Engagement) (Wales) Act 2020
Consumer Council for Water — All members of the Council and each regional committee of the Council established under section 27A of the Water Industry Act 1991
Commission for Tertiary Education and Research established under section 1 of The Tertiary Education and Research (Wales) Act 2022 — All members appointed under section 1(2), and paragraph 2(1) of Schedule 1, to the Tertiary Education and Research (Wales) Act 2022, other than a member who is also an employee of the Commission
Committee on Climate Change — All members appointed under section 32(2), and paragraph 1 of Schedule 1, to the Climate Change Act 2008
Community Councils — A paid officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, for the administration of the financial affairs of the community council, and a person holding a paid post that is for the time being specified by the community council in the list maintained in accordance with section 2(2) of the Local Government and Housing Act 1989, and any directions under section 3 of that Act
Competition and Markets Authority — All members appointed under section 25(4), and paragraph 1(1) of Schedule 4, to the Enterprise and Regulatory Reform Act 2013
Corporate Joint Committees — All members of a committee established under section 72, or section 74 of, the Local Government and Elections (Wales) Act 2021
Development Bank of Wales Public Limited Company (company number: 04055414) and any company or any wholly owned subsidiary of the Development Bank of Wales Public Limited Company (company number: 04055414) — All Directors
Education Tribunal for Wales — All members appointed under section 91(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018
Education Workforce Council — All members appointed under section 2(2), and paragraph 3(1) of Schedule 1, to the Education (Wales) Act 2014
Electoral Management Board — Members who are elections officers, or former elections officers, as defined under section 20F(1)(c) of the Democracy and Boundary Commission Cymru etc. Act 2013
Employment Tribunals and Employment Appeal Tribunals — All members appointed under section 4(1), or section 22(1), of the Employment Tribunals Act 1996
Financial Conduct Authority — All members appointed under section 1A(4), and paragraph 2(2) of Schedule 1ZA, to the Financial Services and Markets Act 2000
Fire and Rescue Service — Inspector or Assistant Inspector appointed under section 28 of the Fire and Rescue Services Act 2004
Firefighters’ Pension Scheme Advisory Board for Wales — All members appointed under paragraph 3 of Annex 2 to the Scheme in Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007 , or under paragraph 3 of Schedule 5 to the Scheme in Schedule 1 to the Firefighters’ Compensation Scheme (Wales) Order 2007
First-tier Tribunal(s) of Courts of England and Wales — All members appointed in accordance with section 4, and paragraphs 1(1) and 2(1) of Schedule 2, to the Tribunals, Courts and Enforcement Act 2007
Food Standards Agency — All members appointed under section 2(1) and (2), or section 3(1) and (4), of the Food Standards Act 1999
Future Generations Commissioner — Advisory Panel appointed under section 26(2) of the Well-being of Future Generations (Wales) Act 2015
Gas and Electricity Markets Authority — All members appointed under section 1(4), and paragraph 1(1) of Schedule 1, to the Utilities Act 2000
Health and Safety Executive — All members appointed under section 10(2), and paragraph 1 of Schedule 2, to the Health and Safety at Work etc. Act 1974
Human Fertilisation and Embryology Authority — All members appointed under section 5(2) of the Human Fertilisation and Embryology Act 1990
Human Tissue Authority — All members appointed under section 13(2), and paragraph 1(1) of Schedule 1, to the Human Tissue Act 2004
The Independent Immigration Appeals Authority All members
Independent Adjudicator to Local Authorities in Wales — All members appointed under section 75(5) of the Local Government Act 2000
Independent Case Examiner for the Department of Work and Pensions — All members
Independent Football Regulator established under section 5 of the Football Governance Act 2025 — All members and staff appointed under section 5(2), and paragraph 1(1) and (2) of Schedule 2, to the Football Governance Act 2025
Independent Groundwater Complaints Administrator — The Independent Groundwater Complaints Administrator appointed under section 21, and paragraph 27 of Schedule 7, to the Cardiff Bay Barrage Act 1993
Independent Monitoring Authority for the Citizens’ Rights Agreements — All members appointed under section 15(3), and paragraph 1 of Schedule 2, to the European Union (Withdrawal Agreement) Act 2020
Independent Office for Police Conduct — All members appointed under section 9(2) of the Police Reform Act 2002
Information Commission — All members
. . . — . . .
Joint Nature Conservation Committee — All members appointed under section 31(b), and paragraph 1 of Schedule 4, to the Natural Environment and Rural Communities Act 2006
Judicial Appointments Commission — Commissioners appointed under section 61(2), and paragraph 1 of Schedule 12, to the Constitutional Reform Act 2005
Judicial Appointments and Conduct Ombudsman — The Judicial Appointments and Conduct Ombudsman appointed under section 62(2), and paragraph 1 of Schedule 14, to the Constitutional Reform Act 2005
Law Commission — Commissioners and Non-Executive Board members appointed under section 1(1) of the Law Commissions Act 1965
Local authority in Wales — Person holding a politically restricted post, within the meaning of Part 1 of the Local Government and Housing Act 1989
Local Government Pension Scheme Advisory Board — Chair and Deputy Chair appointed in accordance with section 7(1) of the Public Service Pensions Act 2013
Local Health Board for an area in Wales — Chair, vice chair and non-officer members appointed under regulation 4(1) of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 , and associate members appointed under regulation 4(3) and (4) of those Regulations.
Marine Management Organisation — All members appointed under section 1(3), and paragraph 3(1) of Schedule 1, to the Marine and Coastal Access Act 2009
Meat Promotion Wales (company No: 4635113) — All members
Mental Health Review Tribunal for Wales — All members appointed under section 65(2), and paragraph 1 of Schedule 2, to the Mental Health Act 1983
Money and Pensions Service — Directors appointed under section 1(2), and paragraph 2(1)(b) of Schedule 1, to the Financial Guidance and Claims Act 2018
National Employment Savings Trust Corporation — All members appointed under section 75(5), and paragraph 1 of Schedule 1, to the Pensions Act 2008
National Health Service Trust all or most of whose hospitals, establishments and other facilities are situated in Wales — All members appointed in accordance with section 18(4) and paragraph 3 of Schedule 3, to the National Health Service (Wales) Act 2006 , other than a member who is also an employee of the NHS Trust
National Health Service Wales Joint Commissioning Committee — Chair, associate member and non-officer members, known as lay members, appointed by the Welsh Ministers under regulation 3(1)(b), (c) and 3(2) of the National Health Service Joint Commissioning Committee (Wales) Regulations 2024
National Library of Wales (charity number: 525775) — Trustees appointed by the Welsh Ministers in accordance with article 3 of their Supplemental Charter granted on 19th July 2006
National Museum Wales (charity number: 525774) — Trustees appointed by the Welsh Ministers in accordance with article 3 of their Supplemental Charter granted on 19th September 2006
Natural Resources Body for Wales known as Natural Resources Wales — Chief Executive, Chair and members appointed under article 3(2), and paragraph 2 of the Schedule to the Natural Resources Body for Wales (Establishment) Order 2012
Office of Communications — All members appointed under section 1(3) of the Office of Communications Act 2002
Pension Protection Fund — All Board members appointed under section 108 of the Pensions Act 2004, and the Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of that Act, and any deputy to that Ombudsman appointed under section 210 of that Act
Pensions Ombudsman — Pensions Ombudsman appointed under section 145 of the Pension Schemes Act 1993 and any deputy to that Ombudsman appointed under section 145A of that Act
Pensions Regulator — All members, and committee members established by the Pensions Regulator under section 9 of the Pensions Act 2004
Police and Crime Commissioner — The Police and Crime Commissioner as established by section 1 of the Police Reform and Social Responsibility Act 2011, and any Deputy appointed by the Commissioner under section 18(1) of that Act
Professional Standards Authority for Health and Social Care — All members appointed under section 25(4), and paragraph 4 of Schedule 7, to the National Health Service Reform and Health Care Professions Act 2002
Qualifications Wales as established by section 2 of the Qualifications Wales Act 2015 — All members appointed under section 2, and paragraph 2 of Schedule 1, to the Qualifications Wales Act 2015
Rent assessment committees for an area or areas every part of which is in Wales — All members of a panel established under Schedule 10 to the Rent Act 1977
Royal Commission on the Ancient and Historical Monuments of Wales — Commissioners appointed in accordance with their Royal Warrant granted on 12th July 2000
Sianel Pedwar Cymru — All members appointed in accordance with section 56(1)(b) of the Broadcasting Act 1990
Social Care Wales — All members appointed under section 67(4), and paragraph 2(1) of Schedule 2 to the Regulation and Inspection of Social Care (Wales) Act 2016
Special Health Authority performing functions partly or wholly in respect of Wales, established by the Welsh Ministers under section 22(1) of the National Health Service (Wales) Act 2006, or by the Secretary of State under section 28(1) of the National Health Service Act 2006 — Chair, associate members and non-officer members, other than a member who is also an employee of the Authority
Sports Council for Wales known as Sport Wales — All members appointed in accordance with article 1(1) of their Royal Charter granted on 4th February 1972
Statistics Board established by section 1 of the Statistics and Registration Service Act 2007 — All members appointed under section 3(1) of the Statistics and Registration Service Act 2007
Student Loans Company Limited (company number 02401034) — Chair and Chief Executive
Transport for Wales (company number 09476013) — Directors
Upper Tribunal(s) of Courts of England and Wales — All members, other than Judges of the Upper Tribunal(s), appointed in accordance with section 5, and paragraphs 1(1) and 2(1) to Schedule 3, of the Tribunals, Courts and Enforcement Act 2007
Valuation Tribunal for Wales — All members appointed under regulation 9(1) of the Valuation Tribunal for Wales Regulations 2010
Veterans’ Commissioner for Wales — The Veterans’ Commissioner for Wales
Wales Audit Office known as Audit Wales — All staff and all auditors providing audit services to the Wales Audit Office or Auditor General for Wales under section 13(2), and paragraph 22(1) of Schedule 1, to the Public Audit (Wales) Act 2013
Water Services Regulation Authority — All members appointed under section 1A(3), and paragraph 1(1) of Schedule 1A to the Water Industry Act 1991
Welsh Industrial Development Advisory Board — All members appointed under section 13(2) of the Welsh Development Agency Act 1975
Welsh Language Partnership Council — All members appointed under section 149(2) of the Welsh Language (Wales) Measure 2011
Welsh Language Tribunal — All members appointed under section 120(2) of the Welsh Language (Wales) Measure 2011
Welsh Revenue Authority — Chairperson and other Non-Executive members appointed under section 3(1)(a) or (b) of the Tax Collection and Management (Wales) Act 2016
The Bill makes the same insertion in the Welsh language text of the table (after “Yr Asiantaeth Safonau Bwyd”). legislation.gov.uk publishes only the English text of this instrument, so the Welsh table cannot be shown here; the entry the Bill inserts is:
Yr Awdurdod Apelau Mewnfudo Annibynnol Yr holl aelodau
3
(1)The non-executive members hold and vacate office in accordance with the terms of their appointment, subject as follows.
(2)A person may resign as a non-executive member by notifying the Secretary of State.
(3)A person may be removed as a non-executive member if the Secretary of State is satisfied that the person—
(a)is guilty of serious misconduct,
(b)has a conflict of interest, or
(c)is unable, unfit or unwilling to carry out their functions.
4
(1)The IIAA may pay to the non-executive members such remuneration and allowances as the Secretary of State may determine.
(2)The IIAA may pay, or make provision for paying, to or in respect of the non-executive members, such sums by way of pensions, allowances or gratuities (including pensions, allowances or gratuities paid by way of compensation in respect of loss of office) as the Secretary of State may determine.
5
(1)The executive members are to be employees of the IIAA.
(2)The executive members appointed by the Secretary of State are to be employed by the IIAA on such terms and conditions, including those as to remuneration, as the Secretary of State may determine.
(3)The other executive members are to be employed by the IIAA on such terms and conditions, including those as to remuneration, as the IIAA may determine.
(4)The IIAA may—
(a)pay to or in respect of the executive members such pensions, allowances and gratuities (including pensions, allowances or gratuities paid by way of compensation in respect of loss of employment), and
(b)provide and maintain for them such pension schemes (whether contributory or not),
as the IIAA may determine.
6
(1)The IIAA may—
(a)appoint other employees, and
(b)make such other arrangements for the staffing of the IIAA,
as it considers appropriate.
(2)In appointing an employee, the IIAA must have regard to the principle of selection on merit on the basis of fair and open competition.
(3)Employees appointed by the IIAA are to be appointed on such terms and conditions, including those as to remuneration, as the IIAA may determine.
(4)The IIAA may—
(a)pay to or in respect of those employees such pensions, allowances or gratuities (including pensions, allowances or gratuities paid by way of compensation in respect of loss of employment), and
(b)provide and maintain for them such pension schemes (whether contributory or not),
as the IIAA may determine.
7
(1)The IIAA may—
(a)establish a committee for the purpose of discharging any of its ancillary functions, and
(b)establish a committee for the purpose of giving advice to the IIAA about matters relating to the discharge of its functions.
(2)A committee may consist of or include persons who are not members, employees or staff members of the IIAA.
(3)But a committee that discharges any ancillary functions of the IIAA must include at least one person who is a member, employee or staff member of the IIAA.
(4)A committee may establish a sub-committee.
(5)A sub-committee must include at least one person who is a member of the committee that established it.
(6)A sub-committee that discharges any ancillary functions of the IIAA must include at least one person who is a member, employee or staff member of the IIAA.
(7)Where a person who is not a member, employee or staff member of the IIAA is a member of a committee or sub-committee of the IIAA, the IIAA may pay to that person such remuneration and expenses as it may determine.
(8)In this paragraph, an “ancillary function” of the IIAA is any function of the IIAA other than its primary function.
8
(1)The IIAA may delegate any of its ancillary functions to—
(a)a member of the IIAA,
(b)an employee or other staff member of the IIAA, or
(c)a committee of the IIAA.
But this is subject to sub-paragraph (6).
(2)A function is delegated under sub-paragraph (1) to the extent and on the terms that the IIAA determines.
(3)A committee may delegate any function delegated to it to a member of the committee or to a sub-committee.
(4)A function is delegated under sub-paragraph (3) to the extent and on the terms that the committee determines.
(5)The delegation of a function by the IIAA or a committee of the IIAA under this paragraph does not prevent the IIAA or the committee from exercising that function.
(6)This paragraph does not apply to the functions of the Chief Appeals Officer mentioned in section 3(3) (which may only be delegated to a senior adjudicator: see section 3(4)).
(7)In this paragraph, an “ancillary function” of the IIAA is any function of the IIAA other than its primary function.
9
(1)The IIAA may regulate its own procedures (including quorum) and the procedures of its committees.
(2)The IIAA’s procedures must include arrangements for dealing with conflicts of interests of members, employees, staff members and members of committees, which must require a person who has or may have a conflict of interest—
(a)to declare any financial or other interest relevant to the exercise of a function, and
(b)to withdraw from the exercise of the function, unless the IIAA directs otherwise, being satisfied that the interest will not influence the exercise of the function.
(3)In this paragraph, “conflict of interest”, in relation to a person, means a financial or other interest which is likely to affect prejudicially the discharge by the person of the person’s functions as a member, employee or staff member of the IIAA or as a member of a committee of the IIAA.
(4)The IIAA must publish details of its procedures and the procedures of its committees.
(5)The IIAA must make arrangements for the keeping of proper records—
(a)of its proceedings,
(b)of the proceedings of its committees, and
(c)of anything done by a person to whom functions have been delegated.
(6)In this paragraph and in paragraph 10, references to a committee include a sub-committee.
10

The validity of proceedings of the IIAA, or of a committee of the IIAA, is not affected by—

(a)a vacancy in the membership of the IIAA or of the committee, or
(b)a defect in the appointment of a member of the IIAA.
11
(1)As soon as reasonably practicable after the end of each financial year, the IIAA must send to the Secretary of State a report on the exercise of the IIAA’s functions during that year.
(2)The report must include such other information as the Secretary of State may direct.
(3)On receiving the report, the Secretary of State must lay a copy of it before Parliament.
(4)The IIAA must—
(a)keep proper accounting records, and
(b)prepare a statement of accounts in respect of each financial year.
(5)The statement must be in such form as the Secretary of State may direct.
(6)The IIAA must send a copy of the statement of accounts to—
(a)the Secretary of State, and
(b)the Comptroller and Auditor General,
within the time period directed by the Secretary of State.
(7)The Comptroller and Auditor General must—
(a)examine, certify and report on the statement of accounts, and
(b)send a copy of the report to the Secretary of State.
(8)The Secretary of State must lay before Parliament a copy of the statement of accounts and a copy of the report of the Comptroller and Auditor General.
(9)A copy of a document laid before Parliament under this paragraph may omit material if the Secretary of State thinks that its publication—
(a)is undesirable for reasons of national security, or
(b)might jeopardise an individual’s safety.
(10)In this paragraph, “financial year” means—
(a)the period beginning with the day on which this Schedule comes into force and ending with the following 31 March, and
(b)every subsequent period of 12 months ending with 31 March.
12
(1)The Secretary of State may provide financial assistance to the IIAA.
(2)Financial assistance under this paragraph may be provided subject to conditions.

Schedule 3 — IIAA Procedure Rules

Introduced by Section 4(2)

Explanatory Notes · published by the Government with the Bill
131. This schedule sets out what Procedure Rules the IIAA may make, in line with Clause 4. 132. Delegation: Paragraph 2 allows the Procedure Rules Board to make provision for the delegation of its function to staff. This aims to make clear the roles and responsibilities of staff members. 133. Time limits: Paragraph 3 allows the IIAA Procedure Rules Board to set time limits for complying with stages in the appeals process. The aim is to allow the IIAA to set clear statutory requirements to support it to enforce its deadlines. 134. Repeat applications: Paragraph 4 enables the Board to make Rules restricting repeated applications on the same issue. 135. IIAA acting of its own initiative: Paragraph 5 allows the IIAA to exercise its functions without needing an application from a party to an appeal, where appropriate. The aim of this measure is to allow the IIAA to be proactive in its case management functions by, for example, requesting evidence referred to but not provided in an appellant’s bundle. 136. Reviews and appeals: Paragraph 6 allows the Rules to set out the procedure in which the IIAA can review its own decision. The rules can include provision that describe the types of case or specify the grounds on which either the IIAA will review its own decision or an application for review can be made. The Rules can also set out the procedure for an appeal to the Upper Tribunal. 137. Hearings: Paragraph 7 provides that the IIAA Procedure Rules Board may make Rules in relation to different hearing types, including remote hearings, in-person hearings or to deal with matters without a hearing (on the papers). 138. Proceedings without notice: Paragraph 8 allows the Rules to make provision for proceedings to take place at the request of one party even though the other, or another, party has had no notice. 139. Advice and representation: Paragraph 9 allows the Rules to make provision about who may represent people before the IIAA, to enable people to be represented by a “qualified person” (a suitably accredited and regulated immigration/legal adviser). It introduces a requirement for appellants to confirm, when they institute an appeal or bail application, that they either have advice and/or representation, have made an informed decision to proceed without it, or, would have liked advice and/or representation but have been unable to obtain it. People who wish to be advised and/or represented, but do not have arrangements in place, are required to state why and what steps they have taken to put such arrangements in place. The aim is to encourage the uptake of advice and/or representation and to embed it in the IIAA, because early engagement with advice and representation leads to issues being identified and a reduction in delays, adjournments and disruption. 140. Evidence, witnesses and attendance: Paragraph 10 allows the Procedure Rules Board to make Rules in relation to evidence, including expert witnesses and anonymity. 141. Failure to comply with requirements imposed by the IIAA: Paragraph 11 sets a duty on the Board to make provision in the Rules requiring the IIAA to take account as damaging the credibility of an appellant any failure to submit evidence on time unless there is good reason for the late submission. It also allows the Board to make similar provision more generally for non-compliance, as well as to refer cases of non-compliance to the Upper Tribunal. 142. Use of information: Paragraph 12 allows the IIAA Procedure Rules to make provision about the disclosure or non-disclosure of information received during proceedings before the IIAA. 143. Publication of decisions: Paragraph 13 requires the IIAA Procedure Rules to provide for the publication of the IIAA’s final determinations. The rules may set out the detailed approach to publication, including how determinations are published and any safeguards needed for sensitive information, anonymity and data protection. 144. Fees: Paragraph 14 allows IIAA Procedure Rules to make provision about fees in relation to proceedings before the IIAA. 145. Costs and expenses: Paragraph 15 enables the IIAA Procedure Rules to make provision about costs of proceedings before the IIAA. The Rules made can make provision for an adjudicator to order a party or their representative to pay another party’s costs. Those costs are limited to a fee paid under paragraph 14 or costs incurred as a result of an improper, unreasonable or negligent act or omission. 146. Charges in respect of wasted resources: Paragraph 16 allows the IIAA Procedure Rules to regulate matters relating to the charging of amounts under section 10, where the IIAA considers that a participant’s improper, unreasonable or negligent conduct has wasted IIAA resources. The Rules may, in particular, prescribe scales of amounts that may be charged. 147. Correction of errors and setting aside of decisions on procedural grounds: Paragraph 17 allows the IIAA Procedure Rules to make provision for correcting errors in a decision, or in the record of a decision. It also allows the Rules to provide for a decision to be set aside on procedural grounds. 148. Presumptions: Paragraph 18 allows the IIAA to make Rules enabling them to make presumptions unless evidence shows otherwise. 149. Differential provision: Paragraph 19 allows procedural rules to vary depending on the type of case, where appropriate. For example, there may be differential provision for cases going through the expedited process.
Amendments tabled 10, including 8 from the Government · 1 would remove the whole Schedule · 10 decided

Changes MPs have proposed to this Schedule at Committee stage, House of Commons, in the order they fall in the text. 8 agreed, 1 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 21
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole Schedule Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 65, line 2, leave out Schedule 3

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 28 Government
Anna Turley, Minister of State (Home Office) Removes words Consequential Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on amendment 36.

Effect on the Schedule · the printed text with this amendment applied
65:27review its own decisions.
65:28(2) The Rules may include provision—
65:29(a) describing the cases which may be subject to review, either on the
65:30IIAA’s own initiative or on an application;
65:31(b) specifying the grounds on which the power for the IIAA to review
65:32a decision of its own initiative may be exercised or on which an
65:33application for review may be made.
66:1(3) The Rules may make provision about appeals to the Upper Tribunal,
The amendment · as tabled, addressed to the printed Bill
Schedule 3, page 65, line 28, leave out sub-paragraph (2)

This amendment was agreed to.

Amendment 68
Green Party: Siân Berry, Green Spokesperson (Home) Adds words Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry

This amendment would ensure that an IIAA adjudicator may not be involved in any review of their own decisions.

Effect on the Schedule · the printed text with this amendment applied
66:2including provision about the procedure for an application to the IIAA for
66:3permission to appeal to the Upper Tribunal.
(4) The Rules must make provision that when the IIAA reviews a decision, any adjudicator involved in the initial decision may not be involved in any review of that decision.
66:4Hearings
The amendment · as tabled, addressed to the printed Bill
Schedule 3, page 66, line 3, at end insert—
“(4) The Rules must make provision that when the IIAA reviews a decision, any adjudicator involved in the initial decision may not be involved in any review of that decision.”

This amendment was debated and rejected, following a vote.

Amendment 29 Government
Anna Turley, Minister of State (Home Office) Adds words Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment requires IIAA Procedure Rules to provide that where a person initiates an appeal or bail application, the IIAA must give them information about how to obtain advice and representation from a qualified person.

Effect on the Schedule · the printed text with this amendment applied
67:5(ii) what steps (if any) they have taken to put such arrangements
67:6in place.
(4A)The Rules must provide that where a person initiates an appeal or bail application the IIAA must give them information about how to obtain—
(a)advice from a qualified person about the appeal or application, and
(b)representation by a qualified person in proceedings relating to the appeal or application.
67:7(5) In this paragraph “qualified person” means a person who is qualified for
The amendment · as tabled, addressed to the printed Bill
Schedule 3, page 67, line 6, at end insert—
(4A)The Rules must provide that where a person initiates an appeal or bail application the IIAA must give them information about how to obtain—
(a)advice from a qualified person about the appeal or application, and
(b)representation by a qualified person in proceedings relating to the appeal or application.”

This amendment was agreed to.

Amendment 30 Government
Anna Turley, Minister of State (Home Office) Removes words Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment, together with amendments 31, 33, 34 and 35, removes references to applicants for immigration bail from the provisions about what IIAA Procedure Rules may or must say about credibility. This would mean that bail applicants will be treated similarly whether their application is decided by the IIAA or the Secretary of State.

Effect on the Schedule · the printed text with this amendment applied
67:24(2) The Rules must make provision for an IIAA adjudicator to take account,
67:25as damaging the credibility of an appellant or applicant for immigration
67:26bail, of the submission of evidence by or on behalf of the appellant or
67:27applicant after any deadline imposed by or under the Rules, unless there
The amendment · as tabled, addressed to the printed Bill
Schedule 3, page 67, line 25, leave out “or applicant for immigration bail”

This amendment was agreed to.

Amendment 31 Government
Anna Turley, Minister of State (Home Office) Removes words Agreed
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 30.

Effect on the Schedule · the printed text with this amendment applied
67:25as damaging the credibility of an appellant or applicant for immigration
67:26bail, of the submission of evidence by or on behalf of the appellant or
67:27applicant after any deadline imposed by or under the Rules, unless there
67:28are good reasons why it was submitted late.
The amendment · as tabled, addressed to the printed Bill
Schedule 3, page 67, line 26, leave out “or applicant”

This amendment was agreed to.

Amendment 32 Government
Anna Turley, Minister of State (Home Office) Adds words Consequential Agreed
Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on NC3: it limits the application of paragraph 11(3) of Schedule 3 so that IIAA Procedure Rules are not required to make the same provision as made in the new clause inserted by NC3.

Effect on the Schedule · the printed text with this amendment applied
67:27applicant after any deadline imposed by or under the Rules, unless there
67:28are good reasons why it was submitted late.
(2A)The Rules must make the provision described in sub-paragraph (3) about the credibility of an appellant who has been served with a claim notice under section 11 but where the proceedings are not subject to the late claims process (within the meaning of section 12).
67:29(3) The Rules must make provision for an IIAA adjudicator to take account,
The amendment · as tabled, addressed to the printed Bill
Schedule 3, page 67, line 28, at end insert—
(2A)The Rules must make the provision described in sub-paragraph (3) about the credibility of an appellant who has been served with a claim notice under section 11 but where the proceedings are not subject to the late claims process (within the meaning of section 12).”

This amendment was agreed to.

Amendment 33 Government
Anna Turley, Minister of State (Home Office) Replaces words Consequential Agreed
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 30. This amendment is also consequential on amendment 32.

Effect on the Schedule · the printed text with this amendment applied
67:28are good reasons why it was submitted late.
67:29(3) The Rules must make provision for an IIAA adjudicator to take account,
67:30as damaging the credibility of an appellant or applicant for immigration
67:31bail who has been served with a claim notice under section 11, The provision is for an IIAA adjudicator to take account, as damaging the credibility of the appellant, of the
67:32submission of evidence to the IIAA by or on behalf of the appellant or
The amendment · as tabled, addressed to the printed Bill
Schedule 3, page 67, line 29, leave out from beginning to “of” in line 31 and insert “The provision is for an IIAA adjudicator to take account, as damaging the credibility of the appellant,”

This amendment was agreed to.

Amendment 34 Government
Anna Turley, Minister of State (Home Office) Removes words Agreed
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 30.

Effect on the Schedule · the printed text with this amendment applied
67:31bail who has been served with a claim notice under section 11, of the
67:32submission of evidence to the IIAA by or on behalf of the appellant or
67:33applicant that was required by the claim notice but was not provided to
67:34the Secretary of State before the claim notice deadline, unless there are
The amendment · as tabled, addressed to the printed Bill
Schedule 3, page 67, line 32, leave out “or applicant”

This amendment was agreed to.

Amendment 35 Government
Anna Turley, Minister of State (Home Office) Removes words Agreed
Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 30.

Effect on the Schedule · the printed text with this amendment applied
67:36(4) The Rules may make provision for an IIAA adjudicator to take account, as
67:37damaging the credibility of an appellant or applicant for immigration bail,
67:38of any other failure to comply with a requirement imposed on them by or
The amendment · as tabled, addressed to the printed Bill
Schedule 3, page 67, line 37, leave out “or applicant for immigration bail”

This amendment was agreed to.

1

In this Schedule, “the Rules” means IIAA Procedure Rules.

2

The Rules may make provision about the delegation of IIAA functions to employees or staff members in accordance with paragraph 8 of Schedule 2, and may in particular—

(a)provide for a function to be exercisable by an employee or staff member only if the person is, or is of a description, specified in exercise of a discretion conferred by the Rules;
(b)provide for a function to be exercisable by an employee or staff member only if the person is approved, or is of a description approved, for the purpose by a person specified in the Rules.
3

The Rules may make provision for time limits as respects initiating, or taking any step in, proceedings before the IIAA.

4

The Rules may make provision restricting the making of fresh applications where a previous application in relation to the same matter has been made.

5

The Rules may make provision about the circumstances in which the IIAA may exercise its powers on its own initiative.

6
(1)The Rules may make provision about the circumstances in which, and the procedure by which, the IIAA may exercise the power under section 6 to review its own decisions.
(2)The Rules may include provision—
(a)describing the cases which may be subject to review, either on the IIAA’s own initiative or on an application;
(b)specifying the grounds on which the power for the IIAA to review a decision of its own initiative may be exercised or on which an application for review may be made.
(3)The Rules may make provision about appeals to the Upper Tribunal, including provision about the procedure for an application to the IIAA for permission to appeal to the Upper Tribunal.
7

The Rules may make provision about hearings, including—

(a)provision for dealing with matters without a hearing;
(b)provision allowing or requiring a hearing to be held in private or in public;
(c)provision about remote hearings;
(d)provision for the protection or support of vulnerable witnesses at hearings;
(e)provision about the recording of hearings, and the storage and availability of recordings.
8

The Rules may make provision for proceedings to take place, in circumstances described in the Rules, at the request of one party even though the other, or another, party has had no notice.

9
(1)The Rules may make provision about who may represent people in cases before the IIAA.
(2)The Rules must provide that a person may initiate an appeal or bail application only if they make a statement that complies with sub-paragraphs (3) and (4).
(3)The statement must—
(a)state whether or not the person has had advice about the appeal or application from a qualified person,
(b)if the person has not had advice about the appeal or application from a qualified person, state whether or not they wish to have such advice, and
(c)if the person has not had advice about the appeal or application from a qualified person and wishes to have such advice, state—
(i)why they have not had such advice, and
(ii)what steps (if any) they have taken to obtain such advice.
(4)The statement must—
(a)state whether or not the person has in place arrangements to be represented by a qualified person in any proceedings relating to the appeal or application,
(b)if the person does not have such arrangements in place, state whether or not they wish to be represented by a qualified person in any such proceedings, and
(c)if the person does not have such arrangements in place and wishes to be represented by a qualified person in any such proceedings, state—
(i)why they do not have such arrangements in place,
(ii)what steps (if any) they have taken to put such arrangements in place.
(5)In this paragraph “qualified person” means a person who is qualified for the purposes of section 84 of the Immigration and Asylum Act 1999 (provision of immigration services).
10
(1)The Rules may make provision about evidence, including provision about—
(a)evidence on oath and administration of oaths,
(b)the time by which evidence must be submitted and the treatment of evidence submitted late.
(2)The Rules may make provision about the anonymity of witnesses.
(3)The Rules may make provision for the payment of expenses and allowances to persons in respect of giving evidence, producing documents or attending proceedings.
11
(1)The Rules must make provision for dealing with a person’s failure to comply with a requirement imposed on them by the IIAA, including provision for the IIAA to refer cases of non-compliance to the Upper Tribunal.
(2)The Rules must make provision for an IIAA adjudicator to take account, as damaging the credibility of an appellant or applicant for immigration bail, of the submission of evidence by or on behalf of the appellant or applicant after any deadline imposed by or under the Rules, unless there are good reasons why it was submitted late.
(3)The Rules must make provision for an IIAA adjudicator to take account, as damaging the credibility of an appellant or applicant for immigration bail who has been served with a claim notice under section 11, of the submission of evidence to the IIAA by or on behalf of the appellant or applicant that was required by the claim notice but was not provided to the Secretary of State before the claim notice deadline, unless there are good reasons why it was not so provided.
(4)The Rules may make provision for an IIAA adjudicator to take account, as damaging the credibility of an appellant or applicant for immigration bail, of any other failure to comply with a requirement imposed on them by or under the Rules.
12
(1)The Rules may make provision for the disclosure or non-disclosure of information received during the course of proceedings before the IIAA.
(2)The Rules may make provision for imposing reporting restrictions in circumstances described in the Rules.
13
(1)The Rules must provide that, subject to any provision made by virtue of rules under sub-paragraph (2), the IIAA must publish decisions made in the exercise of its primary function.
(2)The Rules may make provision—
(a)for an exception to the duty to publish such a decision where the IIAA is satisfied, having regard to the interests of justice, that it is proportionate not to do so;
(b)for the IIAA to publish a redacted or anonymised version of such a decision, so as to avoid publishing any information that would be likely to lead members of the public to identify any person whom the IIAA considers should not be identified.
(3)The Rules may make provision—
(a)about the form and manner in which such decisions may or must be published;
(b)for restricting further publication of such decisions in circumstances described in the Rules.
14
(1)The Rules may make provision about the fees payable in respect of cases dealt with by the IIAA, including in particular provision about—
(a)scales or rates of fees;
(b)exemptions from or reductions in fees;
(c)remission from fees (in whole or in part).
(2)Fees payable under sub-paragraph (1) are recoverable summarily as a civil debt.
(3)But sub-paragraph (2) does not apply to the recovery in Scotland of fees payable under this paragraph.
15
(1)The Rules may make provision about costs of proceedings before the IIAA, including in particular provision about the assessment or taxation of costs.
(2)The Rules may make provision for an IIAA adjudicator to order a party to the proceedings or their representative to pay to another party an amount in respect of—
(a)costs consisting of a fee paid (or required to be paid) by virtue of rules made under paragraph 14, or
(b)costs incurred (or to be incurred) by a party as a result of any improper, unreasonable or negligent act or omission on the part of another party to the proceedings, a representative of another party or an employee of such a representative (and any costs of applying for such costs).
(3)In the application of this paragraph to Scotland, any reference to costs is to be read as a reference to expenses.
16
(1)The Rules may make provision for regulating matters relating to the charging of amounts under section 10 (charging power in respect of wasted resources).
(2)The provision mentioned in sub-paragraph (1) includes (in particular) provision prescribing scales of amounts that may be charged.
17
(1)The Rules may make provision for the correction of errors in a decision or record of a decision.
(2)The Rules may make provision for the setting aside of a decision in proceedings before the IIAA—
(a)where a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative,
(b)where a document relating to the proceedings was not sent to the IIAA at an appropriate time,
(c)where a party to the proceedings, or a party’s representative, was not present at a hearing, or
(d)where there has been any other procedural irregularity in the proceedings.
(3)Sub-paragraphs (1) and (2) do not affect, and are not affected by, any other power to correct errors or set aside decisions.
18

The Rules may make provision in the form of presumptions (including, in particular, presumptions as to service or notification).

19

The Rules may make different provision for different purposes.

Schedule 4 — Further amendments relating to decisions as to whether a person is a victim

Introduced by Section 35(2)

Explanatory Notes · published by the Government with the Bill
271. Paragraphs 2 and 3 amend the wording in subsections 62(2), 63(1) and 63(2A) of the Nationality and Borders Act 2022 to ensure determinations made pursuant to these subsections can only be exercised by the Secretary of State. These changes are necessary as a result of the introduction of a new definition of competent authority in section 65A of the Nationality and Borders Act 2022. 272. Paragraph 4 inserts new sections 65B and 65C to the Nationality and Borders Act 2022. Section 65B provides that the Secretary of the State may make regulations about the making of reasonable and conclusive grounds decisions. This includes regulations that require public authorities other than the competent authority to participate in decision making (section 65B(2)(c)). This ensures that decisions in relation to children continue to be made by multi-agency panels, as is currently the case under the pilot. 273. Section 65C requires the Secretary of State to issue and maintain guidance about: • the procedure and timing for reasonable and conclusive grounds decisions made by competent authorities within section 65A(b)(ii) of the Nationality and Borders Act 2022 • the manner in which the Secretary of State will exercise their nomination power under Section 65A(b)(ii), and • the processes a public authority needs to complete before being nominated as a competent authority. 274. Paragraph 5 amends and updates section 69(1) of the Nationality and Borders Act 2022 to update the definition of ‘competent authority’ and insert a definition of ‘public authority’. 275. Paragraph 7 removes section 49(4) of the MSA 2015 covering the scope of regulations laid under section 50 of the MSA 2015. This subsection has been removed as it is unnecessary. 276. Paragraph 8(a) replaces the existing section 50(3) and inserts a new section 50(3A) in relation to regulations that the Secretary of State may make in relation to identifying and supporting victims. This has been added to mirror the changes being made to NABA 2022 in the new sections 65A and 65B. Paragraph 8(b) inserts a new subsection 50(5) that requires the Secretary of State to issue and maintain guidance in relation to any regulations laid under section 50(2) of the MSA 2015. This mirrors the amendments made to NABA 2022 in the new section 65C. However, section 50 of the MSA 2015 is currently not in force and is not being brought into force through these amendments. 277. Paragraph 9 amends the definition of “competent authority” that appears in Part 4 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
1

The Nationality and Borders Act 2022 is amended as follows.

2 amends

In section 62(2) (no entitlement to additional recovery period etc), in the words before paragraph (a)—

(a)for “the competent authority” substitute “the Secretary of State”;
(b)for “the authority” substitute “the Secretary of State”.
Amends Nationality and Borders Act 2022, section 62 — No entitlement to additional recovery period etc
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 37, clause 38 — only this paragraph’s changes are highlighted here.
Nationality and Borders Act 2022 — section 62
(1) This section applies where—
(a) a competent authority has previously made a positive reasonable grounds decision in relation to a person (the “first RG decision”), and
(b) a further positive reasonable grounds decision is made in relation to the person, in a case where the reasonable grounds for believing that the person is a victim of slavery or human trafficking arise from things done wholly before the first RG decision was made (the “further RG decision”).
(2) If the competent authority Secretary of State considers it appropriate in the circumstances of a particular case, the authority Secretary of State may determine that the person may not be removed from, or required to leave, the United Kingdom during the period—
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
This is subject to section 63(2).
3 amends

In section 63 (identified potential victims etc: disqualification from protection)—

(a)in subsection (1)—
(i)for “A competent authority” substitute “The Secretary of State”;
(ii)for “the authority” substitute “the Secretary of State”;
(b)in subsection (2A) (as inserted by section 29(3) of the Illegal Migration Act 2023)—
(i)for “A competent authority” substitute “The Secretary of State”;
(ii)for “the competent authority” substitute “the Secretary of State”.
Amends Nationality and Borders Act 2022, section 63 — Identified potential victims etc: disqualification from protection
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 38 — only this paragraph’s changes are highlighted here.
Nationality and Borders Act 2022 — section 63

Includes (2A), not yet in force — inserted by Illegal Migration Act 2023; shown lightened for context (any change the Bill makes to it is marked up).

(1) A competent authority The Secretary of State may determine that subsection (2) is to apply to a person in relation to whom a positive reasonable grounds decision has been made if the authority Secretary of State is satisfied that the person—
(a) is a threat to public order, or
(b) has claimed to be a victim of slavery or human trafficking in bad faith.
(2) Where this subsection applies to a person the following cease to apply—
(a) any prohibition on removing the person from, or requiring them to leave, the United Kingdom arising under section 61 or 62, and
(b) any requirement under section 65 to grant the person limited leave to remain in the United Kingdom.
(2A) A competent authority The Secretary of State may not determine that subsection (2) is to apply to a person if the competent authority Secretary of State considers that there are compelling circumstances which mean that subsection (2) should not apply to the person.
(3) For the purposes of this section, the circumstances in which a person is a threat to public order include, in particular, where—
(a) the person has been convicted of a terrorist offence;
(b) the person has been convicted of any other offence listed in Schedule 4 to the Modern Slavery Act 2015 anywhere in the United Kingdom, or of a corresponding offence;
(c) the person is subject to a TPIM notice (within the meaning given by section 2 of the Terrorism Prevention and Investigation Measures Act 2011);
(d) there are reasonable grounds to suspect that the person is or has been involved in terrorism-related activity within the meaning given by section 4 of that Act (whether or not the terrorism-related activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
(da) the person is subject to a notice under Part 2 of the National Security Act 2023;
(db) there are reasonable grounds to suspect that the person is or has been involved in foreign power threat activity within the meaning given by section 33 of that Act (whether or not the foreign power threat activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
(e) the person is subject to a temporary exclusion order imposed under section 2 of the Counter-Terrorism and Security Act 2015;
(f) the person is a foreign criminal within the meaning given by section 32(1) of the UK Borders Act 2007 (automatic deportation for foreign criminals);
(g) the Secretary of State has made an order in relation to the person under section 40(2) of the British Nationality Act 1981 (order depriving person of citizenship status where to do so is conducive to the public good);
(h) the Refugee Convention does not apply to the person by virtue of Article 1(F) of that Convention (serious criminals etc);
(i) the person otherwise poses a risk to the national security of the United Kingdom.
(4) In subsection (3)(a), “terrorist offence” means any of the following (whenever committed)—
(a) an offence listed in—
(i) Schedule A1 to the Sentencing Code (terrorism offences: England and Wales), or
(ii) Schedule 1A to the Counter-Terrorism Act 2008 (terrorism offences: Scotland and Northern Ireland);
(b) an offence that was determined to have a terrorist connection under—
(i) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales), or
(ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales before the Sentencing Code applied);
(c) an offence that has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland);
(d) an act constituting an offence under the law in force in a country outside the United Kingdom that—
(i) would have constituted an offence within paragraph (a) if it had been committed in any part of the United Kingdom, or
(ii) was, or took place in the course of, an act of terrorism or was done for the purposes of terrorism.
(5) In subsection (3)(b) “corresponding offence” means—
(a) an offence under the law of Scotland or of Northern Ireland which corresponds to an offence listed in Schedule 4 to the Modern Slavery Act 2015;
(b) an act constituting an offence under the law in force in a country outside the United Kingdom that would have constituted an offence listed in that Schedule if it had been committed in England or Wales.
(6) For the purposes of this section an act punishable under the law in force in a country outside the United Kingdom is regarded as constituting an offence under that law however it is described in that law.
(7) In this section—
“act” includes an omission;
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and its Protocol;
“terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).
4 amends

After section 65A (as inserted by section 35) insert—

65BRegulations about reasonable grounds decisions and conclusive grounds decisions
(1)The Secretary of State may by regulations make provision about the making of a reasonable grounds decision or a conclusive grounds decision (a “relevant decision”).
(2)The regulations may in particular make provision—
(a)about the criteria to be applied by the competent authority when making a relevant decision,
(b)about the procedure to be followed by the competent authority when making a relevant decision,
(c)requiring a public authority other than the competent authority to participate in accordance with the regulations in the making of a relevant decision, and
(d)requiring the competent authority that makes a relevant decision to provide information relating to the decision to the Secretary of State.
(3)Provision made under subsection (2)(d) may confer on the Secretary of State a power to determine—
(a)the information to be provided, and
(b)the time within which the information is to be provided.
(4)Regulations under this section are subject to the affirmative resolution procedure.
65CGuidance about reasonable grounds decisions and conclusive grounds decisions
(1)The Secretary of State must issue guidance about—
(a)the procedure to be followed by a competent authority within section 65A(b)(ii) when making a reasonable grounds decision or a conclusive grounds decision (a “relevant decision”),
(b)the time within which a competent authority within section 65A(b)(ii) should ordinarily make a relevant decision,
(c)the manner in which the Secretary of State expects to exercise the power in section 65A(b)(ii) to nominate a public authority to be the competent authority in respect of a relevant decision, and
(d)any process the Secretary of State expects a public authority to complete before being nominated by the Secretary of State in exercise of that power.
(2)The Secretary of State may, from time to time, revise guidance issued under this section.
(3)The Secretary of State must arrange for any guidance issued or revised under this section to be published.
Inserts a new provision into Nationality and Borders Act 2022 — after section 65A

The inserted text is set out above. · view Nationality and Borders Act 2022 on legislation.gov.uk ↗

5 amends

In section 69(1) (interpretation of Part 5)—

(a)in the definition of “competent authority”, for the words from “means” to the end of the definition substitute “has the meaning given by section 65A”;
(b)at the appropriate place insert— ““public authority”, except in section 65, means any public authority within the meaning of section 6 of the Human Rights Act 1998 other than a court or tribunal;”.
Amends Nationality and Borders Act 2022, section 69 — Part 5: interpretation
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 37 — only this paragraph’s changes are highlighted here.
Nationality and Borders Act 2022 — section 69
(1) In this Part—
“competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Trafficking Convention;has the meaning given by section 65A
“conclusive grounds decision” means a decision by a competent authority as to whether a person is a victim of slavery or human trafficking;
“positive reasonable grounds decision” has the meaning given by section 61(1);
public authority , except in section 65, means any public authority within the meaning of section 6 of the Human Rights Act 1998 other than a court or tribunal;”.
“reasonable grounds decision” means a decision by a competent authority as to whether there are reasonable grounds to believe that a person is a victim of slavery or human trafficking;
the “Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);
“victim of slavery” and “victim of human trafficking” have the meanings given in regulations made by the Secretary of State.
(2) Regulations under subsection (1) are subject to affirmative resolution procedure.
6

The Modern Slavery Act 2015 is amended as follows.

7 amends

In section 49 (guidance about identifying and supporting victims), omit subsection (4).

Amends Modern Slavery Act 2015, section 49 — Guidance about identifying and supporting victims
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Modern Slavery Act 2015 — section 49
(1) The Secretary of State must issue guidance to such public authorities and other persons as the Secretary of State considers appropriate about—
(a) the sorts of things which indicate that a person may be a victim of slavery or human trafficking;
(b) arrangements for providing assistance and support to persons who there are reasonable grounds to believe are victims of slavery or human trafficking or who are such victims;
(c) arrangements for determining whether there are reasonable grounds to believe that a person is a victim of slavery or human trafficking.
(d) arrangements for determining whether a person is a victim of slavery or human trafficking.
(1A) Guidance issued under subsection (1) must, in particular, provide that the determination mentioned in paragraph (d) is to be made on the balance of probabilities.
(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.
(4) If the Secretary of State makes regulations under section 50, the references in subsection (1) to “arrangements” include arrangements under the regulations.
8 amends

In section 50 (regulations about identifying and supporting victims)—

(a)for subsection (3) substitute—;
(3)Regulations under subsection (2) may in particular make provision—
(a)about the public authorities who may make such determinations;
(b)conferring on the Secretary of State a power to nominate the public authority who is to make such a determination in relation to a particular person;
(c)about the criteria to be applied by a public authority when making such a determination;
(d)about the procedure to be followed by a public authority when making such a determination;
(e)requiring a public authority to participate in accordance with the regulations in the making by another public authority of such a determination;
(f)requiring a public authority who makes such a determination to provide information to the Secretary of State about the determination.
(3A)Provision made under subsection (3)(f) may confer on the Secretary of State a power to determine—
(a)the information to be provided, and
(b)the time within which the information is to be provided.
(b)after subsection (4) insert—
(5)If regulations under subsection (2) contain provision by reason of which public authorities other than the Secretary of State may make determinations of a sort mentioned in that subsection, the Secretary of State must issue guidance for those authorities about—
(a)the procedure to be followed by them when making a determination of that sort, and
(b)the time within which they should ordinarily make such a determination.
(6)If regulations under subsection (2) make provision in reliance on subsection (3)(b), the Secretary of State must issue guidance about—
(a)the manner in which the Secretary of State expects to exercise the power to nominate a public authority, and
(b)any process the Secretary of State expects a public authority to complete before being nominated in exercise of that power.
(7)The Secretary of State may, from time to time, revise guidance issued under this section.
(8)The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.
Amends Modern Slavery Act 2015, section 50 — Regulations about identifying and supporting victims
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Modern Slavery Act 2015 — section 50

Section 50 of Modern Slavery Act 2015 is not yet in force — it has never been brought into force; the Bill’s change is shown on the prospective text, lightened.

(1) The Secretary of State may make regulations providing for assistance and support to be provided to persons—
(a) who there are reasonable grounds to believe are victims of slavery or human trafficking;
(b) who are victims of slavery or human trafficking.
(2) The Secretary of State may make regulations providing for public authorities to determine (for the purposes of regulations under subsection (1) or other purposes specified in the regulations) whether—
(a) there are reasonable grounds to believe that a person is a victim of slavery or human trafficking;
(b) a person is a victim of slavery or human trafficking.
(3) Regulations under subsection (2) may in particular make provision about the public authorities who may make such determinations, and the criteria and procedure for doing so.
(3) Regulations under subsection (2) may in particular make provision—
(a) about the public authorities who may make such determinations;
(b) conferring on the Secretary of State a power to nominate the public authority who is to make such a determination in relation to a particular person;
(c) about the criteria to be applied by a public authority when making such a determination;
(d) about the procedure to be followed by a public authority when making such a determination;
(e) requiring a public authority to participate in accordance with the regulations in the making by another public authority of such a determination;
(f) requiring a public authority who makes such a determination to provide information to the Secretary of State about the determination.
(3A) Provision made under subsection (3)(f) may confer on the Secretary of State a power to determine—
(a) the information to be provided, and
(b) the time within which the information is to be provided.
(4) If regulations under subsection (2) make provision for determining whether a person is a victim of slavery or human trafficking (as mentioned in paragraph (b) of that subsection), they must provide that the determination is to be made on the balance of probabilities.
(5) If regulations under subsection (2) contain provision by reason of which public authorities other than the Secretary of State may make determinations of a sort mentioned in that subsection, the Secretary of State must issue guidance for those authorities about—
(a) the procedure to be followed by them when making a determination of that sort, and
(b) the time within which they should ordinarily make such a determination.
(6) If regulations under subsection (2) make provision in reliance on subsection (3)(b), the Secretary of State must issue guidance about—
(a) the manner in which the Secretary of State expects to exercise the power to nominate a public authority, and
(b) any process the Secretary of State expects a public authority to complete before being nominated in exercise of that power.
(7) The Secretary of State may, from time to time, revise guidance issued under this section.
(8) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.
9 amends

In Part 4 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (interpretation) in paragraph 8 (as inserted by section 66(6) of the Nationality and Borders Act 2022)—

(a)omit the definition of “competent authority”;
(b)in the final definition for “and “conclusive grounds decision”” substitute “, “conclusive grounds decision” and “competent authority””.
Amends Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1, para 8
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Legal Aid, Sentencing and Punishment of Offenders Act 2012 — Schedule 1, para 8

Schedule 1 paragraph 8 is not yet in force — inserted by Nationality and Borders Act 2022; shown lightened (the Bill’s change is marked up).

8 In this Schedule—
“civil legal services provided to an individual in relation to referral into the national referral mechanism” means—(a)advice on the national referral mechanism, or(b)other civil legal services in connection with accessing that mechanism,provided to an individual before a reasonable grounds decision has been made in relation to that individual;
”competent authority” (in relation to the national referral mechanism) means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);
“national referral mechanism” means the national framework (known as the National Referral Mechanism) for identifying and referring potential victims of modern slavery and ensuring they receive appropriate support;
“reasonable grounds decision” and “conclusive grounds decision”, “conclusive grounds decision” and “competent authority” have the same meaning as in Part 5 (modern slavery) of the Nationality and Borders Act 2022 (see section 69 of that Act).

Schedule 5 — Content of slavery and human trafficking statement

Introduced by Section 44(6)

Explanatory Notes · published by the Government with the Bill
396. This schedule sets out the mandatory content of a slavery and human trafficking statement. 397. Paragraph 1 sets out the new Schedule 4ZA mentioned in section 41(6). 398. Paragraph 1 of the new Schedule 4ZA defines, for the purposes of this schedule, “relevant entity” in relation to a slavery and human trafficking statement as the commercial entity or public authority to which the statement relates. 399. Paragraphs 2 to 8 of the new Schedule 4ZA detail the mandatory content of a slavery and human trafficking statement. 400. Paragraphs 2(a) to (c) explain that a statement must contain information about the relevant entity’s structure, operations and supply chains. 401. Paragraphs 3(1)(a) to (c) explain that a statement must specify the parts of the relevant entity’s operations and supply chains where there is a risk of slavery and human trafficking taken place, or it must contain a statement that there is no parts that are at risk or that they have not, during the financial year, carried out an assessment of parts of their supply chains at risk and give reasons why it has not sone so. 402. Paragraph 3(2) explains that, where a statement contains information on risks of slavery and human trafficking in parts of the relevant entity’s operations or supply chains, it must also contain information about the steps they have taken during the financial year to assess the risk and reduce or remove the risk. 403. Paragraph 3(3) explains that, where a statement declares no parts of the relevant entity's operations or supply chains are at risk of slavery and human trafficking, it must also contain information about the steps they have taken during the financial year to assess the risk. 404. Paragraphs 4(a) and (b) explain that a statement must contain information about the relevant entity’s policies in relation to slavery and human trafficking that it had in place that financial year, or it must contain a statement that it has not had such policies in place and give reasons why not. 405. Paragraphs 5(a) and (b) explain that a statement contain information on due diligence processes the relevant entity has implemented during the financial year in relation to slavery and human trafficking in its operations or supply chains or it must contain a statement that no due diligence processes have been implemented and give reasons why it has not done so. 406. Paragraphs 6(1)(a) and (b) explain that a statement must specify the training about slavery and human trafficking the relevant entity has made available to its staff during the financial year, or it must contain a statement that it has not made any such training available and give reasons why it has not done so. 407. Paragraphs 6(2)(a) to (c) explain that a statement must specify the training about slavery and human trafficking that has been made available to the staff in the relevant entity’s supply chains during the financial year, so far as information is reasonably available, or it must contain a statement that no such training has been made available, or contain a statement that no enquiries have been made as to whether such training has been made available and give reasons why it has not sone so. 408. Paragraphs 7(a) to (c) explain that a statement must contain an assessment of the relevant entity’s effectiveness during the financial year in ensuring that slavery and human trafficking is not taking place in its operations or supply chains, measured against performance indicators it considers appropriate, or contain a statement that it has not taken any steps or not carried out an assessment of effectiveness and give reasons why not.

This is the Schedule 4ZA mentioned in section 44(6) —

Schedule 4ZA — Content of slavery and human trafficking statement
Interpretation
1In this Schedule “relevant entity”, in relation to a slavery and human trafficking statement, means—
(a)where the statement relates to a commercial organisation, that organisation;
(b)where the statement relates to a public authority, that authority.
Structure, operations and supply chains
2The statement must contain information about—
(a)the relevant entity’s structure,
(b)the relevant entity’s operations, and
(c)the relevant entity’s supply chains.
Steps taken to identify, and mitigate against, risk of slavery and human trafficking
3
(1)The statement must—
(a)specify the parts of the relevant entity’s operations and supply chains where there is a risk of slavery and human trafficking taking place, so far as such information is reasonably available,
(b)contain a statement that there are no parts of the relevant entity’s operations and supply chains where there is such a risk, or
(c)contain a statement that the relevant entity has not, during the financial year, carried out an assessment of whether there are parts of its operations and supply chains where there is such a risk and give reasons why it has not done so.
(2)Where the statement contains information under sub-paragraph (1)(a) it must also contain information about the steps the relevant entity has taken during the financial year—
(a)to assess that risk, and
(b)to reduce or remove that risk.
(3)Where the statement contains information under sub-paragraph (1)(b) it must also contain information about the steps the relevant entity has taken during the financial year to assess that risk.
Policies in relation to slavery and human trafficking
4The statement must—
(a)contain information about the policies in relation to slavery and human trafficking that the relevant entity has had in place during the financial year, or
(b)contain a statement that the relevant entity has not had any such policies in place and give reasons why.
Due diligence processes in relation to slavery and human trafficking
5The statement must—
(a)contain information about the due diligence processes the relevant entity has implemented during the financial year in relation to slavery and human trafficking in its operations and supply chains, or
(b)contain a statement that the relevant entity has not implemented any such processes and give reasons why it has not done so.
Training for staff
6
(1)The statement must—
(a)specify the training about slavery and human trafficking that the relevant entity has made available to its staff during the financial year, or
(b)contain a statement that the relevant entity had not made any such training available and give reasons why it has not done so.
(2)The statement must—
(a)specify the training about slavery and human trafficking that has been made available to the staff of the relevant entity’s supply chains during the financial year, so far as information about such training is reasonably available,
(b)contain a statement that no such training has been made available to the staff of the relevant entity’s supply chains, or
(c)contain a statement that the relevant entity has not made enquiries as to whether such training has been made available to the staff of its supply chains and give reasons why it has not done so.
Effectiveness of steps
7The statement must—
(a)contain an assessment of the relevant entity’s effectiveness during the financial year in ensuring that slavery and human trafficking is not taking place in its operations or supply chains, measured against such performance indicators as it considers appropriate,
(b)contain a statement that the relevant entity has not taken any steps during the financial year to ensure that slavery and human trafficking is not taking place in its operations or supply chains and give reasons why it has not done so, or
(c)contain a statement that the relevant entity has not, during the financial year, carried out an assessment of its effectiveness in ensuring that slavery and human trafficking is not taking place in its operations or supply chains and give reasons why it has not done so.

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