(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
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
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);”
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).”
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)
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.”
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
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.”