OpenLegislation

The Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023

S.I. 2023/305 · Made 9 March 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Immigration

Made 9th March 2023

Laid before Parliament 10th March 2023

Coming into force 31st March 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by section 84(2) and (3) of the Nationality and Borders Act 2022f1.

Annotations to the whole text

Footnotes

f1

2022 c. 36.

Contents

  1. 1Citation, commencement and extent
  2. 2Consequential amendment to the Immigration (Provision of Physical Data) Regulations 2006
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

These Regulations—

(a)

may be cited as the Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023;

(b)

come into force on 31st March 2023;

(c)

extend to England and Wales, Scotland and Northern Ireland.

2Consequential amendment to the Immigration (Provision of Physical Data) Regulations 2006

In regulation 2 of the Immigration (Provision of Physical Data) Regulations 2006f1—

(a)

in the definition of “application”—

(i)

at the end of paragraph (e) omit “or”;

(ii)

after paragraph (f) insert—

“; or

(g)

an application for an electronic travel authorisation pursuant to immigration rules made by virtue of section 11C of the Immigration Act 1971f2;”;

(b)

in the definition of “immigration rules”f3, for “made under” substitute “laid down in accordance with”.

Signature

Robert Jenrick

Minister of State

Home Office

9th March 2023

Explanatory note

(This note is not part of the Regulations)

These Regulations put in place a measure required to implement the Electronic Travel Authorisation (“ETA”) scheme introduced by the Nationality and Borders Act 2022 (c. 36).

Section 75(6) of the Nationality and Borders Act 2022 amended section 126(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) to add an application for an ETA to the types of immigration application which the Secretary of State may require by regulations to be accompanied by specified biometric information. Regulation 2 of these Regulations makes a consequential amendment to the Immigration (Provision of Physical Data) Regulations 2006 (S.I. 2006/1743) to add an application for an ETA to the types of immigration application for which compulsory biometric information may be required.

A full impact assessment of the effect that the ETA scheme will have on the costs to business, charity and voluntary bodies and the public sector has been prepared but not published.