The Nationality and Borders Act 2022 is amended as follows.
Immigration and Asylum Bill
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 ↗
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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.
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
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).
About the provision this changes
Cases citing s.62: 3 — ABW, R (on the application of) v Secretary Of State for the Home Department [2025] EWHC 3280 (Admin); AAM, R (on the application of) v Secretary of State for the Home Department [2025] EWHC 447 (Admin); Secretary of State for the Home Department v S [2025] EWCA Civ 188
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
Nationality and Borders Act 2022 — section 63
(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).
About the provision this changes
Cases citing s.63: 10 — AYA & Ors, R (on the application of) v Secretary of State for the Home Department [2026] EWHC 1742 (Admin); R (MXL & AXL & (a child, by his litigation friend MXL)) v SSHD [JR-2026-LON-000743] JR-2026-LON-000743; NXP & Anor, R (on the application of) v Secretary of State for The Home Department [2026] UKUT 192 (IAC)
Rules paragraphs referring to s.63: 3 — Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery: VTS.10.1(a), VTS.2.1, VTS.7.1
Free Movement articles: The National Referral Mechanism ↗
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
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
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.
About the provision this changes
Cases citing s.69: 2 — EXR v Secretary of State for the Home Department (No.2) [2026] EWHC 1726 (Admin); AAM, R (on the application of) v Secretary of State for the Home Department [2025] EWHC 447 (Admin)
Rules paragraphs referring to s.69: 1 — Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery: VTS.1.1(a)
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
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.
About the provision this changes
Cases citing s.49: 34 — AYA & Ors, R (on the application of) v Secretary of State for the Home Department [2026] EWHC 2411 (Admin); LBZ, R (on the application of) v Secretary of State for the Home Department [2026] EWHC 2409 (Admin); LR v The Secretary of State for the Home Department [2026] UKUT 315 (IAC)
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
Modern Slavery Act 2015 — section 50
(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.
About the provision this changes
Cases citing s.50: 2 — ABW, R (on the application of) v Secretary Of State for the Home Department [2025] EWHC 3280 (Admin); AAM, R (on the application of) v Secretary of State for the Home Department [2025] EWHC 447 (Admin)
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
Legal Aid, Sentencing and Punishment of Offenders Act 2012 — Schedule 1, para 8
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;
“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).