Section 13 Safeguards for childrenI1C1C2C3
United Kingdom
Schedule 2 to the Immigration Act 1971 (entry control) is amended as follows.
In paragraph 4 (power to take biometric information on examination), after sub-paragraph (6) (as inserted by paragraph 1(3) of Schedule 2) insert—
“(7)A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless—
(a)the decision to require P to provide the information has been confirmed by a chief immigration officer, and
(b)the information is provided in the presence of a person of full age who is—
(i)P's parent or guardian, or
(ii)a person who for the time being takes responsibility for P.
(8)The person mentioned in sub-paragraph (7)(b)(ii) may not be—
(a)a person who is entitled to require the provision of information under sub-paragraph (5) (an “authorised person”), or
(b)an officer of the Secretary of State who is not such a person.
(9)Sub-paragraph (7) does not prevent an authorised person requiring the provision of biometric information by a person the authorised person reasonably believes to be 16 or over.”
In paragraph 18 (power to take biometric information from detained persons), after sub-paragraph (2A) insert—
“(2B)Paragraph 4(7) to (9) applies to sub-paragraph (2) as it applies to paragraph 4(5).”
Annotations
Modifications
- C1
S. 13 extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 3, Sch. 2
- C2
S. 13 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 5, Sch. 4, Sch. 4A
- C3
S. 13 extended (Isle of Man) (with modifications) by S.I. 2008/680, art. 22, Sch. 9A (as amended: (14.3.2019) by S.I. 2019/562, arts. 1, 9, 18; (31.12.2020) by S.I. 2020/1214, arts. 1, 5, 12; (11.11.2021) by S.I. 2021/1277, arts. 1(2), 6)
Commencement
- I1
S. 13 in force at 28.7.2014 by S.I. 2014/1820, art. 3(l)