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Border Security, Asylum and Immigration Act 2025

Sections104Effects10

Statutes amended

10 affected Acts; 20 amendments in total. Each block shows the target Act's text with this Act's changes applied.

Data Protection Act 2018

1 amendment · open Act

  1. Schedule 71 insertion

    Schedule 7 Competent authorities

    paragraphs 1 – 56 unchanged

    57 The Border Security Commander.

Immigration Act 1971

2 amendments · open Act

  1. Section 8AA1 deletion

    8AA Persons ineligible for leave to enter and remain, entry clearance and ETA

    Treated as never having been in force. (Inserted by section 30(3) of the Illegal Migration Act 2023.)
  2. Section 245 changes, 3 insertions

    24 Illegal entry and similar offences

    subsections (A1) – (E1) unchanged

    E1A A person commits an offence under this subsection if— (a) the person commits an offence under subsection (A1), (B1), (D1) or (E1), (b) the person’s journey which resulted in their entry into, or arrival in, the United Kingdom as mentioned in subsection (A1), (B1), (D1) or (E1) (as the case may be) was a journey by water from France, Belgium or the Netherlands, and (c) at any time during the relevant period, the person did an act that caused, or created a risk of, the death of, or serious personal injury to, another person.
    E1B For the purposes of subsection (E1A)(c) and this subsection— (a) “personal injury” means physical or psychological injury; (b) “the relevant period” means the period beginning when the person first left dry land in France, Belgium or the Netherlands for the purpose of making the journey, and ending when the person first reached dry land in the United Kingdom; (c) land is to be regarded as “dry land” at any particular time if it is not covered by water at that time.
    F1 A person who commits an offence under any of subsections (A1) to (E1)(E1A) is liable—

    paragraphs (a) – (c) unchanged

    d on conviction on indictment— (iii) for an offence under subsection (E1A) committed in connection with an offence under subsection (A1), to imprisonment for a term not exceeding six years or a fine (or both); (iv) for an offence under subsection (E1A) committed in connection with an offence under subsection (B1), (D1) or (E1), to imprisonment for a term not exceeding five years or a fine (or both).
    3 A constable may arrest without warrant anyone who has committed or whom they have reasonable grounds for suspecting to have committed an offence under subsection (A1), (B1), (C1), (D1) or (E1), (E1A).
    4 In proceedings under subsection (B1) above ofunder subsection (B1) or (E1A) in relation to entering the United Kingdom without leave…
    5 In proceedings under subsection (D1) above ofunder subsection (D1) or (E1A) in relation to arriving in the United Kingdom without a valid entry clearance…
    6 Subsection (E1A) applies to acts carried out inside or outside the United Kingdom.
    7 If, on the trial of a person charged with an offence under subsection (E1A) in connection with the commission of an offence under subsection (A1), (B1), (D1) or (E1), a magistrates’ court, sheriff or jury finds the person not guilty of the offence charged, the person may be found guilty of the offence in connection with which the offence under subsection (E1A) is alleged to have been committed.

Criminal Justice and Police Act 2001

4 amendments · open Act

  1. Section 571 insertion

    57 Retention of seized items

    1 The seized property to which this section applies is—

    paragraphs (a) – (x) unchanged

    y section 24(9) to (16) of the Border Security, Asylum and Immigration Act 2025.
  2. Schedule 11 insertion

    Schedule 1 Powers of Seizure (Part 1)

    paragraphs 1 – 73X unchanged

    73Y Border Security, Asylum and Immigration Act 2025. The power of seizure conferred by section 24(1) of the Border Security, Asylum and Immigration Act 2025.
  3. Schedule 11 insertion

    Schedule 1 Powers of Seizure (Part 2)

    paragraphs 74 – 83B unchanged

    83C Border Security, Asylum and Immigration Act 2025. The power of seizure conferred by section 24(1) of the Border Security, Asylum and Immigration Act 2025.
  4. Schedule 11 insertion

    Schedule 1 Powers of Seizure (Part 3)

    paragraphs 84 – 114 unchanged

    115 Border Security, Asylum and Immigration Act 2025. The power of seizure conferred by section 24(1) of the Border Security, Asylum and Immigration Act 2025.

Terrorism Act 2000

1 amendment · open Act

  1. Schedule 81 change

    Schedule 8, paragraph 20(1) Power to take fingerprints etc: Scotland

    1 A constable may take fingerprints, a non-intimate sample or a relevant physical sample (or any combination of those things) from a person detained under Schedule 7 or section 41 at a police station in Scotland (a) a person detained under section 41 at a police station in Scotland, or (b) a person detained under Schedule 7 in Scotland.

Counter-Terrorism and Border Security Act 2019

1 amendment · open Act

  1. Schedule 31 deletion

    Schedule 3, paragraph 42(1) Power to take fingerprints etc: Scotland

    1 A constable may take fingerprints, a non-intimate sample or a relevant physical sample (or any combination of those things) from a person detained under this Schedule at a police station in Scotland.

Safety of Rwanda (Asylum and Immigration) Act 2024

1 amendment · open Act

  1. 1 deletion

    Safety of Rwanda (Asylum and Immigration) Act 2024

    The whole Act is repealed.

Illegal Migration Act 2023

1 amendment · open Act

  1. 8 deletions

    Illegal Migration Act 2023

    The following provisions are repealed:
    a sections 1 to 6 and Schedule 1 (duty to make arrangements for removal);
    b sections 7 to 11 (removal: persons with protection claims and similar);
    c sections 13 to 15 and Schedule 2 (detention);
    d sections 16 to 28 (further detention provision and unaccompanied children);
    e sections 30 to 51 (entry, settlement and citizenship);
    f sections 53 to 58 (modern slavery, legal aid and judicial review);
    g section 61 (annual report on safe and legal routes);
    h section 66.

Nationality, Immigration and Asylum Act 2002

3 amendments · open Act

  1. Section 724 changes, 3 insertions

    72 Construction and application of Article 33(2) of Refugee Convention

    subsections (1) – (5) unchanged

    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).

    subsection (5A) unchanged

    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 (5A)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 (5A)(5ZA), (5ZB), (5A) or (5B) does not apply while an appeal against conviction or sentence—
    8 Section 34(1) of the Anti-terrorism, Crime and Security Act 2001 (no need to consider gravity of offence or offences) applies for the purpose of considering whether a presumption mentioned in subsection (2), (3), (4) or (5A) or (5B) has been rebutted as it applies for the purpose of considering whether Article 33(2) of the Refugee Convention applies.
    9 (b) shall apply to a person if and to the extent that he— (i) does not appeal against his conviction or sentence, or (ii) appeals unsuccessfully, in respect of the presumption under (5A)(5ZA), (5ZB), (5A) or (5B).
    10 (b) the presumption under (5A)(5ZA), (5ZB), (5A) or (5B) applies to him by virtue of subsection (9).
  2. Section 861 insertion

    86 Determination of appeal

    section 86 unchanged

    86A Timeframe 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.
  3. Section 86A1 insertion

    86A Appeal where appellant is receiving accommodation support

    section 86A (inserted by section 49) unchanged

    86B Timeframe 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.
    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.

Proceeds of Crime Act 2002

3 amendments · open Act

  1. Schedule 21 insertion

    Schedule 2 Lifestyle offences: England and Wales

    paragraphs 1 – 9A unchanged

    Offences relating to things for use in serious crime

    9B An offence under section 52 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).
  2. Schedule 41 insertion

    Schedule 4 Lifestyle offences: Scotland

    paragraphs 1 – 9F unchanged

    Offences relating to things for use in serious crime

    9G An offence under section 52 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).
  3. Schedule 51 insertion

    Schedule 5 Lifestyle offences: Northern Ireland

    paragraphs 1 – 9A unchanged

    Offences relating to things for use in serious crime

    9B An offence under section 52 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).

Serious Crime Act 2007

3 amendments · open Act

  1. Section 5A3 insertions

    After section 5A insert—

    5B Electronic monitoring requirements

    A serious crime prevention order made by a court in England and Wales may require an individual to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order. (Full conditions and offences in subsections (1)–(6).)

    5C Conditions for imposing electronic monitoring requirements

    Sets out conditions for imposition (e.g. cannot be imposed in P’s absence, requires consent of any third party necessary for monitoring, only in areas notified by the Secretary of State).

    5D Data from electronic monitoring: code of practice

    The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring under section 5B.
  2. Section 5D5 insertions

    After section 5D (inserted by section 55) insert—

    5E Interim serious crime prevention orders

    Where an application to the High Court (England and Wales) for a serious crime prevention order, or to the appropriate court in Scotland or High Court in Northern Ireland for a terrorism-related order, has not been determined, the court may, if it considers it just to do so, make an interim order. Sections 5 to 5D apply in relation to an interim order as they apply to a serious crime prevention order.

    5F Without notice applications

    An application for or variation of an interim order may be made without notice where notice is likely to prejudice the outcome sought.

    8AA Relevant applicant authority to apply for interim order

    Sets out the limited class of persons who may apply for an interim serious crime prevention order in each UK jurisdiction.

    10A Notice requirements in relation to interim orders

    Provides for notice of applications, variations and discharges of interim orders, with consequential modifications.
  3. Section 196 changes, 1 insertion

    After section 19 insert—

    19A Orders by Crown Court on acquittal or when allowing an appeal

    1 The Crown Court in England and Wales may make an order under this section in relation to a person who is acquitted of an offence by or before the court, or where the court allows a person’s appeal against a conviction for an offence, if— (a) the court is satisfied that the person has been involved in serious crime (whether in England and Wales or elsewhere), and (b) the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
    2 A court that makes an order by virtue of subsection (1) in the case of a person who is already the subject of a serious crime prevention order, or an interim serious crime prevention order, in England and Wales must discharge the existing order.
    3–5 Permitted contents and reference to safeguards in sections 6 to 15; an order under this section is also called a serious crime prevention order.

    consequential amendments to sections 1(5), 2(4), 9(4), 22(3), 36(1) and 39(6) of the Serious Crime Act 2007 follow