Explanatory note

These Regulations amend the British Nationality (General) Regulations 2003 (“the 2003 Regulations”) to make provision for biometric information to be required with an application for registration or naturalisation as a British citizen.

Regulation 2 inserts a new Part IIA on biometric information and citizenship into the 2003 Regulations, comprising of new regulations 7A to 7I.

Inserted regulation 7A means that an applicant for registration or naturalisation as a British citizen must provide biometric information with this application when such information is required by an authorised person. This requirement is subject to inserted regulation 7B, which provides certain safeguards in respect of children under sixteen.

Section 10(3) of the Immigration Act 2014 inserts section 41(1ZA) into the British Nationality Act 1981. This section provides that “biometric information” and “authorised person” have the same meaning as in section 126 of the Nationality, Immigration and Asylum Act 2002 (as amended by section 12 of and Schedule 2 to the Immigration Act 2014).

Inserted regulation 7C sets out the various requirements that an authorised person may make of an individual regarding providing a record of the individual’s biometric information.

Inserted regulation 7D provides for the consequences of a failure to comply with a requirement of the Regulations.

Inserted regulations 7E to 7I make provision for the use, retention and destruction of biometric information provided under these Regulations. The other principal powers to retain biometric information referred to in new regulation 7I are currently, the Immigration (Biometric Registration) Regulations 2008^f1, the British Nationality (General) Regulations 2003^f2, section 143 of the Immigration and Asylum Act 1999^f3 and section 127 of the Nationality, Immigration and Asylum Act 2002^f4.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.