Explanatory note

These Regulations amend the Immigration (Provision of Physical Data) Regulations 2006 (“the 2006 Regulations”) in consequence of changes introduced by the Immigration Act 2014, particularly sections 8 and 14. These Regulations revise the list of immigration applications that an authorised person can require to be accompanied by specified biometric information, the process by which this information is provided and the provisions about the use and retention of biometric information.

“Authorised person” has 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).

The additional immigration applications, added by regulation 3 to regulation 2 of the 2006 Regulations, are applications for direct airside transit visas and documents issued as evidence that a person who is not a national of an EEA state or Switzerland is entitled to enter or remain in the UK by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972. Regulation 3 also amends regulation 2 of the 2006 Regulations to clarify that the 2006 Regulations do not apply to applications for entry clearance when the applicant is required to apply simultaneously for a biometric immigration document.

Regulation 5 amends regulation 6 of the 2006 Regulations to revise the requirements that an authorised person can make regarding an individual’s fingerprints and photograph being obtained and recorded.

Regulation 6 inserts into the 2006 Regulations a new regulation 6A which states that biometric information provided under the 2006 Regulations can be recorded on any document issued as a result of the application in relation to which the information was provided.

Regulation 7 substitutes new regulations 8 to 10B for existing regulations 8 to 10 of the 2006 Regulations. New regulations 8 to 10B 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 10B 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.