The Immigration (Provision of Physical Data) Regulations 2006
S.I. 2006/1743 · Made 3 July 2006 · Extends to United Kingdom
IMMIGRATION
Made 3rd July 2006
Coming into force 4th July 2006
M1The Secretary of State makes the following Regulations in exercise of the powers conferred by section 126(1) of the Nationality, Immigration and Asylum Act 2002 .
In accordance with section 126(8)(b) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.C1
Annotations to the whole text
Marginal citations
- M1
2002. c.41. Subsections (3) to (8) of section 126 concern the powers in subsection (1).
Modifications
- C1
Regulations applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(u)
Contents
- 1Citation, commencement and interpretation
- 2Regulation 2
- 3Power for an authorised person to require an individual to provide a record of his fingerprints and a photograph of his face
- 4Provision in relation to applicants and entrants under the age of sixteen
- 5Provision in relation to section 141 of the Immigration and Asylum Act 1999
- 6Process by which the applicant's fingerprints and photograph may be obtained and recorded
- 6ADocuments recording biometric information
- 7Consequences of failure to comply with these Regulations
- 8Use and retention of biometric information
- 8APower to use and retain existing biometric information
- 9Destruction of biometric information
- 10Retention of fingerprints
- 10ADestruction etc. of electronic data
- 10BBiometric information: retention under another power
- 11Revocation and transitional provisions
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Immigration (Provision of Physical Data) Regulations 2006 and shall come into force on the day after they are made.
2
In these Regulations:
“application” means:
F10“biometric information” means photographs or fingerprints provided under regulation 3;
“Convention travel document” means a travel document issued pursuant to Article 28 of the Refugee Convention, except where that travel document was issued by the United Kingdom Government;
F11“immigration rules” means rules F12laid down in accordance with section 3(2) of the Immigration Act 1971;
“Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
3Power for an authorised person to require an individual to provide a record of his fingerprints and a photograph of his face
Subject to regulations 4 and 5, an authorised person may require an individual who makes an application F1or an entrant to provide a record of his fingerprints and a photograph of his face.
4Provision in relation to applicants and entrants under the age of sixteenF4
An applicant F1or entrant under the age of sixteen shall not be required to provide a record of his fingerprints or a photograph of his face except where the authorised person is satisfied that the fingerprints or the photograph will be taken in the presence of a person aged eighteen or over who is—
the child's parent or guardian; or
a person who for the time being takes responsibility for the child.
The person mentioned in paragraph (1)(b) may not be—
an officer of the Secretary of State who is not an authorised person;
an authorised person; or
any other person acting on behalf of an authorised person as part of a process specified under F2regulation 6.
An authorised person shall not require a person under the age of sixteen to provide a record of his fingerprints or a photograph of his face unless his decision to do so has been confirmed by a person designated for the purpose by the Secretary of State.
This regulation shall not apply if the authorised person reasonably believes that the applicant F3or entrant is aged sixteen or over.
5Provision in relation to section 141 of the Immigration and Asylum Act 1999
6Process by which the applicant's fingerprints and photograph may be obtained and recordedF1
An authorised person who requires an F2applicant to provide a record of the F3applicant’s fingerprints or a photograph of the applicant’s face under regulation 3 may do any one or more of the following—
require the applicant to make an appointment before a specified date, which the applicant must attend, to enable a record of the applicant’s fingerprints or a photograph of the applicant’s face to be taken by an authorised person or by a person acting on behalf of an authorised person;
specify the date, time and place for the appointment;
require the applicant to attend premises before a specified date to enable a record of the applicant’s fingerprints or a photograph of the applicant’s face to be taken by an authorised person or by a person acting on behalf of an authorised person; F4...
specify any documents which the applicant must bring to the appointment or premises, or action which the applicant must take to confirm the applicant’s identity; F5and
require the applicant to provide a record of the applicant’s fingerprints or a photograph of the applicant’s face by electronic means.
An authorised person may require an entrant to provide a record of their fingerprints or a photograph of their face upon arrival in the United Kingdom.
An authorised person may require a record of fingerprints or photograph to be of a particular specification.
An authorised person who requires an applicant or entrant to provide biometric information may require or permit that biometric information to be provided by automated means.
6ADocuments recording biometric informationF1
Biometric information provided under these Regulations may be recorded on any document issued as a result of—
the application in relation to which the information was provided; or
seeking to enter the United Kingdom on the occasion in relation to which the information was provided.
7Consequences of failure to comply with these Regulations
Subject to paragraphs (2) and (3), where an F1applicant does not provide a record of his fingerprints or a photograph of his face in accordance with a requirement imposed under these Regulations, his application may be treated as invalid.
An application shall not be treated as invalid under paragraph (1) if it is for leave to enter the United Kingdom where the person seeking leave to enter presents a Convention travel document endorsed with an entry clearance for that journey to the United Kingdom.
Where an application is of a type described in paragraph (2) and the applicant does not provide a record of his fingerprints or a photograph of his face in accordance with a requirement imposed under these Regulations, that application may be refused.
Where an entrant does not provide a record of his fingerprints or a photograph of his face in accordance with a requirement imposed under these Regulations, that entrant may be refused leave to enter the United Kingdom or any extant leave to enter or remain held by him may be cancelled.
8Use and retention of biometric informationF1
Biometric information provided in accordance with these Regulations may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with—
the exercise of a function by virtue of the Immigration Acts; or
the exercise of a function in relation to nationality.
Biometric information retained by virtue of paragraph (1) may also be used—
in connection with the prevention, investigation or prosecution of an offence;
for a purpose which appears to the Secretary of State to be required in order to protect national security;
in connection with identifying persons who have died, or are suffering from illness or injury; F2and
for the purpose of ascertaining whether a person has acted unlawfully, or has obtained or sought anything to which the person is not legally entitled; F3...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8APower to use and retain existing biometric informationF1F2
This regulation applies where—
a person makes an application F3or seeks to enter the United Kingdom; and
the Secretary of State already has a record of the person’s fingerprints or a photograph of the person’s face in their possession (for whatever reason).
Where this regulation applies, the Secretary of State may use or retain that information for the purposes of these Regulations.
9Destruction of biometric informationF1
The Secretary of State must take all reasonable steps to ensure that biometric information held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed if the Secretary of State—
no longer thinks that it is necessary to retain the information for use as mentioned in regulation 8(1); or
subject to the exception in paragraph (2), is satisfied that the person to whom the information relates is a British citizen, or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971.
The exception is that photographs of a person who is registered or naturalised as a British citizen may be retained until the person is issued with a United Kingdom passport describing the person as a British citizen.
10Retention of fingerprintsF1
Save where regulation 9 applies and subject to paragraphs (2) and (3), the Secretary of State must take all reasonable steps to ensure that any record of a person’s fingerprints held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed at the end of the period of F215 years beginning with F3—
the date on which the fingerprints were provided; F4...
the date on which they are reused in connection with an application made by the person which comes within paragraph (5) F5; or
the date on which they are reused in connection with seeking to enter the United Kingdom,
whichever is the later.
But fingerprints can be held beyond that period if they are—
the fingerprints of a person who is, or at any time has been, subject to a deportation order, exclusion order or decision to exclude;
the fingerprints of a person liable to arrest under paragraph 10(1)(b) of Schedule 10 to the Immigration Act 2016 for failing to comply with a condition of immigration bail of the kind mentioned in paragraph 2(1)(a) of that Schedule, subject to which the person’s immigration bail was granted;
the fingerprints of a person who can be, or at any time could have been, refused entry clearance or leave to enter for a period specified in the immigration rules because of a previous breach of the United Kingdom’s immigration laws;
fingerprints that the Secretary of State deems it necessary for national security reasons to retain for use in connection with one of the functions specified in regulation 8(1);
the fingerprints of a person with indefinite leave to enter or remain in the United Kingdom; F8or
the fingerprints of a person whose indefinite leave to enter or remain in the United Kingdom lapses, is revoked or is cancelled, in which case they must be destroyed by the Secretary of State at the end of ten years beginning with the date of the lapse, revocation or cancellation (as the case may be); F9...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An application comes within this paragraph if it is an application for—
entry clearance;
leave to enter;
leave to remain; or
registration or naturalisation as a British citizen.
10ADestruction etc. of electronic dataF1
The Secretary of State must take all reasonable steps to ensure—
that data held in electronic form which relates to biometric information which has to be destroyed by virtue of these Regulations is destroyed or erased; or
that access to such data is blocked.
A person whose biometric information has to be destroyed by virtue of these Regulations is entitled, on written request, to a certificate issued by the Secretary of State to the effect that the Secretary of State has taken the steps required by paragraph (1).
A certificate issued under paragraph (2) must be issued within the period of 3 months beginning with the date on which the request for it is received by the Secretary of State.
10BBiometric information: retention under another powerF1
The requirements in these Regulations to destroy biometric information or data do not apply if and in so far as the information or data is retained in accordance with and for the purposes of another power.
11Revocation and transitional provisions
Subject to paragraphs (2) and (3), the Regulations specified in the Schedule are revoked.
For the purposes of paragraph (3) only, “application” means an application within the meaning of regulation 2 of the Immigration (Provision of Physical Data) Regulations 2003 M1 (the “2003 Regulations”).
Where a person made an application before these Regulations came into force, the 2003 Regulations will continue to apply for the purposes of that application as if they had not been revoked by paragraph (1).
Signature
Joan Ryan
Parliamentary Under-Secretary of State
Home Office
| (1) | (2) |
|---|---|
| Orders revoked | References |
| The Immigration (Provision of Physical Data) Regulations 2003 | S.I. 2003/1875 |
| The Immigration (Provision of Physical Data)(Amendment) Regulations 2004 | S.I. 2004/474 |
| The Immigration (Provision of Physical Data)(Amendment)(No. 2) Regulations 2004 | S.I. 2004/1834 |
| The Immigration (Provision of Physical Data)(Amendment) Regulations 2005 | S.I. 2005/3127 |
Explanatory note
(This note is not part of the Regulations)
These Regulations are made under section 126 of the Nationality, Immigration and Asylum Act 2002. Under regulation 3 an “authorised person” may require a person who makes an application for entry clearance or leave to enter (in certain circumstances) to provide a record of his fingerprints and a photograph of his face. An “authorised person” is defined under section 141(5) of the Immigration and Asylum Act 1999 and includes immigration officers and certain officers of the Secretary of State.
Under regulation 6, the authorised person may require the individual to submit to any process listed under paragraph (2) for his fingerprints or a photograph of his face to be taken. He may be required to attend a British Diplomatic mission or Consular post, a Diplomatic mission or Consular post of another State, or other premises nominated by an authorised person, for his fingerprints or photograph to be taken.
Where an individual makes an application for entry clearance, but does not comply with a requirement imposed by these Regulations his application may be treated as invalid (regulation 7(1)). Where an individual makes an application for leave to enter to which these Regulations apply, but does not comply with a requirement imposed by these Regulations, his application may be refused (regulation 7(2) and (3)).
Fingerprints or a photograph can only be taken from an applicant under the age of sixteen where the authorised person is satisfied this will be done in the presence of a responsible adult, and his decision has been confirmed by a person designated for the purpose by the Secretary of State. An adult who takes responsibility for the applicant may not be an authorised person, an officer of the Secretary of State or any other person acting on behalf of the authorised person as part of a process specified under regulation 6(2). These provisions do not apply where it is reasonably believed that the applicant is aged sixteen or over (regulation 4(4)).
These Regulations also require that any record of fingerprints, photograph or a copy of fingerprints or a photograph held by the Secretary of State pursuant to these Regulations must be destroyed within ten years (regulation 8), or as soon as reasonably practicable if the person proves he is a British citizen or a Commonwealth citizen with a right of abode under section 2(1)(b) of the Immigration Act 1971 (regulation 9). Regulation 10(1) makes provision for electronic data which relate to any record of fingerprints or photograph to be destroyed or erased, or access to the data blocked. A person whose data are held by the Secretary of State is entitled, within three months of having made a written request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by regulation 10(1) (regulation 10(2) and (3)).
These Regulations revoke the Immigration (Provision of Physical Data) Regulations 2003 (the “2003 Regulations”) subject to transitional provisions (regulation 11). These Regulations differ from the 2003 Regulations which required any application for entry clearance from a country specified in the Regulations to be accompanied by a record of an applicant's fingerprints, where that applicant was aged five or over. The 2003 Regulations also required an application for leave to enter to be accompanied by a record of fingerprints where the applicant (aged five or over) presented a Convention travel document endorsed with an entry clearance, except where the applicant had already given their fingerprints when applying for the entry clearance.