Section 49 Interpretation of Part etcI1
United Kingdom
In this Part, “age-disputed person” means a person—
who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given), and
in relation to whom—
a local authority,
a public authority specified in regulations under section 50(1)(b), or
the Secretary of State,
has insufficient evidence to be sure of their age.
In this Part—
-
“decision-maker” means a person who conducts an age assessment under section 50 or 51;
-
“designated person” means an official of the Secretary of State who is designated by the Secretary of State to conduct age assessments under section 50 or 51;
-
“immigration functions” means functions exercisable by virtue of the Immigration Acts;
-
“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
-
“local authority”—
- (a)
in relation to England and Wales, means a local authority within the meaning of the Children Act 1989 (see section 105(1) of that Act),
- (b)
in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and
- (c)
in relation to Northern Ireland, means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));
- (a)
-
“public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;
-
“specified scientific method” means a method used for assessing a person’s age which is specified in regulations under section 52(1).
In this Part, “relevant children’s legislation” means—
in relation to a local authority in England, any provision of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families; care and supervision; protection of children);
in relation to a local authority in Wales, Scotland or Northern Ireland, any statutory provision (including a provision passed or made after the coming into force of this Part) that confers a corresponding function on such an authority.
In subsection (3)—
-
“corresponding function” means a function that corresponds to a function conferred on a local authority in England by or under Part 3, 4 or 5 of the Children Act 1989;
-
“statutory provision” means a provision made by or under—
- (a)
an Act,
- (b)
an Act of the Scottish Parliament,
- (c)
an Act or Measure of Senedd Cymru, or
- (d)
Northern Ireland legislation.
- (a)
In section 94 of the Immigration and Asylum Act 1999 (support for asylum-seekers: interpretation), for subsection (7) substitute—
“(7)For further provision as to the conduct of age assessments, which applies for the purposes of this Part, see Part 4 of the Nationality and Borders Act 2022.”
Annotations
Commencement
- I1
S. 49(1)-(4) in force at 28.6.2022, see s. 87(5)(g)
- I2
S. 49(5) in force at 31.3.2023 by S.I. 2023/283, reg. 2(a)