Citation, interpretation and extent

1. —(1) These Regulations may be cited as the Nationality and Borders Act 2022 (Commencement No. 5 and Transitional Provisions) Regulations 2023.

(2) In these Regulations, “ the 2022 Act ” means the Nationality and Borders Act 2022 .

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Provisions coming into force on 31 March 2023

2. The following provisions of the 2022 Act come into force on 31 March 2023—

(a) section 49(5) (substitution of section 94(7) of the Immigration and Asylum Act 1999)( 2 );

(b) section 50 (persons subject to immigration control: referral or assessment by local authority etc), so far as not already in force;

(c) section 51 (persons subject to immigration control: assessment for immigration purposes).

Provisions coming into force on 12 April 2023

3. The following provisions of the 2022 Act come into force on 12 April 2023—

(a) section 43 (working in United Kingdom waters: arrival and entry), so far as not already in force;

(b) Schedule 6 (working in United Kingdom waters: consequential and related amendments), so far as not already in force.

Transitional provision in relation to section 50 of the 2022 Act

4. Until sections 54 (appeals relating to age assessments) and 56 (new information following age assessment or appeal) of the 2022 Act come into force, section 50 of the 2022 Act is to be read as if—

(a) in subsection (7), the words from “But this” to the end were omitted;

(b) after subsection (7), there were inserted—

“ (7A) Subsection (7) does not prevent a designated person from carrying out a further age assessment on an age-disputed person (“ P ”) if they become aware of new information in relation to P’s age which is significant new evidence.

(7B) New information is “significant new evidence” if there is a realistic prospect that, if a further age assessment were to be conducted on P, taking into account the new information, P’s age would be assessed as different from the age determined in the first age assessment.

(7C) Subsection (7) applies to a further age assessment carried out under subsection (7A) as it applies to an age assessment conducted by a designated person following a referral from a local authority under subsection (1) or (3)(a). ” .

Transitional provision in relation to section 51 of the 2022 Act

5. Until sections 54 and 56 of the 2022 Act come into force, section 51 of the 2022 Act is to be read as if—

(a) in subsection (3), the words from “But this” to the end were omitted;

(b) after subsection (3), there were inserted—

“ (3A) Subsection (3) does not prevent a designated person from carrying out a further age assessment on an age-disputed person (“ P ”) if they become aware of new information in relation to P’s age which is significant new evidence.

(3B) New information is “significant new evidence” if there is a realistic prospect that, if a further age assessment were to be conducted on P, taking into account the new information, P’s age would be assessed as different from the age determined in the first age assessment.

(3C) Subsection (3) applies to a further age assessment carried out under subsection (3A) as it applies to an age assessment conducted by a designated person under subsection (1). ” .