The Immigration (Biometric Registration) (Civil Penalty Code of Practice) Order 2025
The Immigration (Biometric Registration) (Civil Penalty Code of Practice) Order 2025 establishes a revised code of practice for sanctions related to non-compliance with biometric registration regulations, effective March 27, 2025.
The revision facilitates a transition from physical to digital immigration documents and was preceded by public consultation.
The order applies across England, Wales, Scotland, and Northern Ireland.
Arguments For
Improved Efficiency and Modernization: The revised code supports the shift from physical to digital immigration documents, streamlining processes and potentially reducing administrative burdens.
Enhanced Compliance: Clearer guidelines in the revised code could improve compliance with biometric registration regulations, leading to better border security and management.
Legal Basis: The order is made under the powers granted by sections 13(6), 14(1), and 14(2) of the UK Borders Act 2007, providing a robust legal foundation.
Public Consultation: Proposals for the revised code were published and consulted upon with the public, ensuring transparency and incorporating public feedback.
Arguments Against
Potential for Increased Penalties: Changes to the code, even with the intent to improve clarity, could inadvertently lead to harsher penalties for non-compliance.
Unintended Consequences: Transitioning to digital documents could create unforeseen technical issues or challenges for individuals lacking technical skills or access to technology.
Implementation Challenges: Successful implementation requires adequate resources and training for relevant personnel to ensure effective enforcement of the new code.
Data Privacy Concerns: Increased reliance on digital documents could raise concerns about the security and privacy of individuals' biometric data.
Citation, commencement and extent1.
(1)
This Order may be cited as the Immigration (Biometric Registration) (Civil Penalty Code of Practice) Order 2025.
(2)
This Order comes into force on 27th March 2025.
(3)
This Order extends to England and Wales, Scotland and Northern Ireland.
Section 1 details the order's name, effective date, and geographical scope.
The order is officially titled the "Immigration (Biometric Registration) (Civil Penalty Code of Practice) Order 2025." It takes effect on March 27, 2025, and applies across the UK.
Coming into force of the revised code of practice2.
The date prescribed for the coming into force of the revised code of practice entitled “Code of Practice about the sanctions for non-compliance with the biometric registration regulations” is 27th March 2025.
Section 2 specifies the effective date of the revised code of practice—March 27, 2025.
The code outlines the penalties for not complying with biometric registration rules.
Explanatory Note (This note is not part of the Order)
This Order provides for the coming into force of a revised code of practice (“the Code”) re-issued under section 13(4) of the UK Borders Act 2007 (c. 30).
The main revisions to the Code are to support the transition from physical immigration documents to digital immigration documents issued under the Immigration (Biometric Registration) Regulations 2008 (S.I. 2008/3048).
A full regulatory impact assessment has not been produced for this instrument as no impact, or no significant impact, on the private, voluntary or public sectors is foreseen.
The explanatory note provides context.
It clarifies that the order implements a revised code of practice under the UK Borders Act 2007.
This revision primarily aims to support the shift from physical to digital immigration documents.
A full regulatory impact assessment was deemed unnecessary due to the anticipated minimal impact on various sectors.
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