{
  "url": "https://openlegislation.uk/draft-immigration-biometric-registration-amendment-regulations-2012/regulation-10",
  "json_url": "https://openlegislation.uk/draft-immigration-biometric-registration-amendment-regulations-2012/regulation-10.json",
  "legislation": "ukdsi/2012/9780111517727",
  "legislation_title": "The Immigration (Biometric Registration) (Amendment) Regulations 2012",
  "legislation_url": "https://openlegislation.uk/draft-immigration-biometric-registration-amendment-regulations-2012",
  "path": "regulation/10",
  "kind": "regulation",
  "number": "10",
  "heading": "Amendments to the 2008 Regulations",
  "text": "For regulation 23 substitute—\n“Consequences of a failure to comply with a requirement of these Regulations\n23. (1) Subject to paragraphs (3) and (4), where a person who is required to make an application for the issue of a biometric immigration document fails to comply with a requirement of these Regulations, the Secretary of State—\n(a) may take any, or any combination, of the actions specified in paragraph (2); and\n(b) must consider giving a notice under section 9 of the UK Borders Act 2007.\n(2) The actions specified are to—\n(a) refuse an application for a biometric immigration document;\n(b) treat the person’s application for leave to remain as invalid;\n(c) refuse the person’s application for leave to remain; and\n(d) cancel or vary the person’s leave to enter or remain.\n(3) Where a person is required to apply for a biometric immigration document under regulation 3(2)(a) or (b) or as a dependant of a person who has made an application in accordance with regulation 3(2)(a) or (b) and fails to comply with a requirement of these Regulations, the Secretary of State—\n(a) must refuse the person’s application for a biometric immigration document;\n(b) must treat the person’s application for leave to remain as invalid; and\n(c) may cancel or vary the person’s leave to enter or remain.\n(4) Where a person is required to apply for a biometric immigration document under regulation 3(2)(e), (f) or (g) or as the dependant of a person who has made an application in accordance with regulation 3(2)(e) or (f) and fails to comply with a requirement of these Regulations the Secretary of State—\n(a) may refuse the application for a biometric immigration document; and\n(b) must consider giving a notice under section 9 of the UK Borders Act 2007.\n(5) Where any person apart from a person referred to in paragraph (1), (3) or (4) fails to comply with a requirement of these Regulations, the Secretary of State must consider giving a notice under section 9 of the UK Borders Act 2007.\n(6) The Secretary of State may designate an adult as the person responsible for ensuring that a child complies with the requirements of these Regulations.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2012/9780111517727/regulation/10",
    "retrieved_at": "2026-10-30T14:52:36.781694+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}