Immigration and Asylum Bill

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

Bill documents (21)

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Showing Clause 35 only. View the whole Bill ← clause 34clause 36 →

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 So far 22 agreed, 15 rejected and 23 withdrawn or not pressed; the Committee next sits on Tuesday 20 October.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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The Bill is shown clause by clause (then Schedule by Schedule). Where a clause or Schedule paragraph amends an existing Act, the affected provision is shown underneath in a shaded box, as it would read once the change is applied: insertions underlined, deletions struck through, pulled from legislation.gov.uk. A clause with no shaded box makes new law of its own rather than amending an existing Act. Text shown lightened and in italics is not yet in force.

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Part 5 — Modern Slavery

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).

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