September 2008 Plenary Meetings of the Permanent Council

The purpose of this Act is to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes, by requiring the removal from the United Kingdom of certain persons who enter or arrive in the United Kingdom in breach of immigration control.

To advance that purpose, this Act—

Accordingly, and so far as it is possible to do so, provision made by or by virtue of this Act must be read and given effect so as to achieve the purpose mentioned in subsection (1).

In addition, this Act makes provision—

Section 3 of the Human Rights Act 1998 (interpretation of legislation) does not apply in relation to provision made by or by virtue of this Act.

The Secretary of State must make arrangements for the removal of a person from the United Kingdom if the person meets the following four conditions.

The first condition is that—

The second condition is that the person entered or arrived in the United Kingdom as mentioned in subsection (2) on or after the day on which this Act is passed.

The third condition is that, in entering or arriving as mentioned in subsection (2), the person did not come directly to the United Kingdom from a country in which the person’s life and liberty were threatened by reason of their race, religion, nationality, membership of a particular social group or political opinion.

For the purposes of subsection (4) a person is not to be taken to have come directly to the United Kingdom from a country in which their life and liberty were threatened as mentioned in that subsection if, in coming from such a country, they passed through or stopped in another country outside the United Kingdom where their life and liberty were not so threatened.

The fourth condition is that the person requires leave to enter or remain in the United Kingdom but does not have it.

Any limited leave to enter or remain given under the immigration rules to a person within section 4(1) (unaccompanied children) is to be disregarded in determining whether the person meets the condition in subsection (6).

In this section—

In this Act “immigration rules” means rules under section 3(2) of the Immigration Act 1971.

Section 11(1) of the Immigration Act 1971 (person deemed not to enter the United Kingdom before disembarkation, while in controlled area or while under immigration control) applies for the purposes of this section as it applies for the purposes of that Act.

The only circumstances in which the duty in subsection (1) does not apply to a person who meets the four conditions in this section are where—

The Secretary of State may by regulations amend the date which is for the time being specified in—

Regulations under subsection (1) may make consequential amendments to this Act or any other enactment.

Provision made by virtue of subsection (2) may, in particular, amend this Act or any other enactment to modify the operation of a provision which would otherwise apply to a person who meets, or has ever met, the condition in section 2(3) (including to enable that provision to operate as if an amendment to section 2(3) had not been made).

An amendment made by virtue of subsection (1) may have the effect that a provision mentioned in that subsection specifies—

But such an amendment may not have the effect that the provision specifies a date which is earlier than the date specified before the amendment was made.

The duty in section 2(1) does not require the Secretary of State to make arrangements for the removal of a person from the United Kingdom at a time when the person is an unaccompanied child.

The Secretary of State may make arrangements for the removal of a person from the United Kingdom at a time when the person is an unaccompanied child.

The power in subsection (2) may be exercised only—

Regulations under subsection (3)(d) may confer a discretion on the Secretary of State.

For the purposes of this Act (other than sections 16 and 17) a person (“C”) is an “unaccompanied child” if—

In subsection (5) “the relevant time” means the time of C’s entry or arrival in the United Kingdom by virtue of which the duty in section 2(1) would apply in relation to C apart from this section.

The Secretary of State may by regulations make provision for other exceptions from the duty in section 2(1).

Regulations under subsection (7) may make provision—

Regulations made by virtue of subsection (8)(a) may, in particular, disapply any provision of this Act or any other enactment in relation to a person to whom an exception applies.

In subsections (8) and (9) “enactment” includes—

A statutory instrument containing regulations under subsection (7) must be laid before Parliament after being made.

Regulations contained in a statutory instrument laid before Parliament under subsection (11) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—

If regulations cease to have effect as a result of subsection (12) that does not—

In this Act—

The duty in section 2(1) or the power in section 4(2) applies in relation to a person who meets the four conditions in section 2 regardless of whether—

If a person who meets the four conditions in section 2 makes a protection claim, or a human rights claim within subsection (5), the Secretary of State must declare the claim inadmissible (and see section 41(4) in relation to human rights claims not within subsection (5)).

A protection claim or a human rights claim declared inadmissible under subsection (2) cannot be considered under the immigration rules.

A declaration under subsection (2) that a protection claim or a human rights claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002 (appeal against refusal of protection claim or human rights claim) arises.

A human rights claim is within this subsection if it is a claim that removal of a person from the United Kingdom to— would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention).

In this Act “application for judicial review” means—

In this section, references to a claim include a claim—

Where the Secretary of State is required by section 2(1) to make arrangements for the removal of a person from the United Kingdom, the Secretary of State must ensure that the arrangements are made—

The following provisions of this section apply where—

Subject to section 4(3)(c) (removal of certain unaccompanied children) and to the following provisions of this section, P may be removed to—

If P is a national of a country listed in section 80AA(1) of the Nationality, Immigration and Asylum Act 2002 (inadmissibility of certain asylum and human rights claims: safe States), or has obtained a passport or other document of identity in such a country, P may not be removed to a country or territory within subsection (3)(a) or (b) if—

For the purposes of subsection (4), exceptional circumstances include—

Subsection (7) applies if—

P may be removed to a country or territory within subsection (3)(c) or (d) only if it is listed in Schedule 1.

Subsection (9) applies if—

P may not be removed to a country or territory within subsection (3)(a) or (b); and P may be removed to a country or territory within subsection (3)(c) or (d) only if it is listed in Schedule 1.

Where a country or territory is listed in Schedule 1 in respect of a description of person, subsection (7) or (9) has effect in relation to P and that country or territory only if the Secretary of State is satisfied that P is within that description.

Where a part of a country or territory is listed in Schedule 1, references to a country or territory in subsections (7), (9) and (10) have effect in relation to that country or territory as if they were references to that part.

In this section references to a claim include a claim—

In this Act “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950, as it has effect for the time being in relation to the United Kingdom.

Where the Secretary of State exercises the power in subsection (2) of section 80AA of the Nationality, Immigration and Asylum Act 2002 to amend the list of States in subsection (1) of that section so as to add a State, subsections (4), (6) and (7) apply to a person who is a national of that State, or who has obtained a passport or other document of identity in that State, if—

The Secretary of State may by regulations amend Schedule 1 to add a country or territory, or part of a country or territory, if satisfied that—

If the Secretary of State is satisfied that the statements in subsection (1)(a) and (b) are true of a country or territory, or part of a country or territory, in relation to a description of person, regulations under subsection (1) may add the country or territory or part to Schedule 1 in respect of that description of person.

A description for the purposes of subsection (2) may refer to—

In deciding whether the statements in subsection (1)(a) and (b) are true of a country or territory, or part of a country or territory, the Secretary of State—

The Secretary of State may by regulations amend Schedule 1 to omit a country or territory, or part of a country or territory; and the omission may—

This section applies where—

P may not be removed from the United Kingdom unless—

The condition in this subsection is that—

The giving of a notification by P under subsection (3)(b) does not affect any ability of P to make a suspensive claim before P is removed from the United Kingdom under this Act (and accordingly if P makes such a claim, sections 38 to 53 apply in relation to the claim).

But where P has been removed from the United Kingdom under this Act following such a notification, P may not make a suspensive claim (regardless of whether the claim period has expired).

A notice under subsection (2)(a) must—

In this section—

Subject to section 6 (removal for the purposes of section 2 or 4), the Secretary of State or an immigration officer may give directions to the owners or agents of a ship, aircraft, train or vehicle requiring them to make arrangements for P’s removal from the United Kingdom in any ship, aircraft, train or vehicle specified or indicated in the direction to a country or territory so specified.

Where the Secretary of State or an immigration officer may give directions for P’s removal in accordance with subsection (8) the Secretary of State or an immigration officer may instead give directions for P’s removal in accordance with arrangements to be made by the Secretary of State or an immigration officer to any country or territory to which P could be removed under subsection (8).

The costs of complying with any directions given under this section must be defrayed by the Secretary of State.

P may be placed, under the authority of an immigration officer or the Secretary of State, on board any ship, aircraft, train or vehicle in which P is to be removed in accordance with directions under this section.

Where subsection (11) applies, the captain of the ship or aircraft, the train manager of the train or the driver of the vehicle—

A person is deemed to be in legal custody at any time when the person is detained under subsection (12)(b).

Paragraph 17A of Schedule 2 to the Immigration Act 1971 (period of detention) applies in relation to detention under subsection (12)(b) on board a ship, aircraft, train or vehicle as it applies in relation to detention on board a ship or aircraft under paragraph 16(4) of that Schedule.

In this section a reference to an “owner” of a ship, aircraft, train or vehicle includes a reference to any person who jointly owns it.

Where— references in this section to the country or territory are to that part.

In this Act “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.

The Immigration and Asylum Act 1999 is amended in accordance with subsections (2) and (3).

If paragraph 1 of Schedule 11 to the Immigration Act 2016, which repeals section 4 of the Immigration and Asylum Act 1999, is not yet in force on the day this section comes into force, in subsection (2)(b) of that section, after “the Nationality, Immigration and Asylum Act 2002” insert “and section 5 of the Illegal Migration Act 2023”.

In section 94 (interpretation of Part 6: support for asylum-seekers etc)—

The Nationality, Immigration and Asylum Act 2002 is amended as follows.

In section 18(1ZA) (asylum seeker: definition), after “section 80A or 80B” insert “of this Act or section 5 of the Illegal Migration Act 2023”.

In section 21 (sections 17 to 20: supplementary), in subsection (3)(a), after “section 80A or 80B” insert “of this Act or section 5 of the Illegal Migration Act 2023”.

In paragraph 17(2A) of Schedule 3 (withholding and withdrawal of support: interpretation), after “section 80A or 80B” insert “of this Act or section 5 of the Illegal Migration Act 2023”.

The Immigration Act 1971 is amended in accordance with subsections (2) to (4).

In section 24(1) (illegal entry and similar offences), after paragraph (f) insert—.

In section 27(1) (offences by persons connected with ships or aircraft)—

In Schedule 2 (administrative provisions as to control on entry etc), after paragraph 11 insert—

The Immigration and Asylum Act 1999 is amended in accordance with subsections (6) and (7).

In section 10 (removal of persons unlawfully in the United Kingdom), after subsection (11) insert—

In section 156(1)(b) (arrangements for the provision of escorts and custody), for “or this Act” substitute “, this Act or the Illegal Migration Act 2023”.

In section 80A of the Nationality, Immigration and Asylum Act 2002 (claims by nationals of listed safe States), after subsection (5) insert—

In Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe country)—

Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended in accordance with subsections (2) and (3).

A person may be detained under the authority of an immigration officer— But if the immigration officer is satisfied that a woman being detained under sub-paragraph (2C) is pregnant, then the woman may not be detained under that sub-paragraph for a period of— A woman who has been released as a result of sub-paragraph (2D) may be detained again under sub-paragraph (2C) in accordance with sub-paragraph (2D). Where a woman being detained under sub-paragraph (2C) has previously been detained under section 62(2A) of the Nationality, Immigration and Asylum Act 2002 and has not been released in between, the definition of “the relevant time” in sub-paragraph (2G) is to be read as if paragraph (b) referred to the time when the woman was first detained under sub-paragraph (2C) or section 62(2A) of that Act. In sub-paragraphs (2D) to (2F)— The powers in sub-paragraph (2C) may be exercised in respect of an unaccompanied child only in the circumstances specified in regulations made by the Secretary of State. The Secretary of State may, by regulations, specify time limits that apply in relation to the detention of an unaccompanied child under sub-paragraph (2C)(d)(iv) (detention of unaccompanied child in relation to removal). Regulations under sub-paragraph (2H) may confer a discretion on the Secretary of State or an immigration officer. Regulations under sub-paragraph (2H) or (2I)— A person who may be detained under sub-paragraph (2C) may no longer be detained under sub-paragraph (1), (1A), (1B), (2), (3) or (4). A person (of any age) detained under sub-paragraph (2C) may be detained in any place that the Secretary of State considers appropriate. A statutory instrument containing regulations under sub-paragraph (2H) or (2I) is subject to annulment in pursuance of a resolution of either House of Parliament. In sub-paragraphs (2H) and (2I), “unaccompanied child” has the same meaning as in the Illegal Migration Act 2023 (see section 4 of that Act).

In the italic heading before paragraph 16, at the end insert “, or for the purposes of the Illegal Migration Act 2023”.

In section 147 of the Immigration and Asylum Act 1999 (interpretation of Part 8 of that Act), in the definition of “pre-departure accommodation”—

Section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) is amended in accordance with subsections (6) to (10).

After subsection (2), insert—

In subsection (3), in the opening words, for “that Act” substitute “the Immigration Act 1971”.

After subsection (3) insert—

In subsection (7), for “this section” substitute “subsection (1) or (2)”.

In subsection (7A), for “this section” substitute “subsection (1) or (2)”.

In section 60(8) of Immigration Act 2016 (limitation on detention of pregnant women), in paragraph (c) of the definition of “relevant detention power”, after “section 62” insert “(1) or (2)”.

In Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc.)—

In paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation)—

In section 10(9) of the Immigration and Asylum Act 1999 (application of Schedule 2 to the Immigration Act 1971 in relation to persons unlawfully in the United Kingdom)—

In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)—

In section 36 of the UK Borders Act 2007 (detention relating to deportation), after subsection (1) insert—

In regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as it continues to have effect following its revocation (person subject to removal), for paragraph (1) substitute—

Schedule 10 to the Immigration Act 2016 (immigration bail) is amended in accordance with subsections (2) to (4).

In paragraph 1 (power to grant immigration bail)—

In paragraph 3 (exercise of power to grant immigration bail)—

After paragraph 3 insert—

In Schedule 3 to the Special Immigration Appeals Commission Act 1997 (bail: modifications of Schedule 10 to the Immigration Act 2016), in paragraph 3(a), after “(3),” insert “(3A), (3B),”.

The Secretary of State may provide, or arrange for the provision of, accommodation in England for unaccompanied children in England.

In this section, “accommodation for unaccompanied migrant children” means accommodation provided under this section.

While a child is residing in accommodation for unaccompanied migrant children, the Secretary of State may provide, or arrange for the provision of, other types of support to the child.

Subsections (1) to (3) are to be treated as having had effect at all times on or after 7 March 2023.

For the purposes of this section and section 17, a person (“C”) is an unaccompanied child if—

The Secretary of State may decide that a child is to cease residing in accommodation for unaccompanied migrant children on a certain date (the transfer date).

On making that decision, the Secretary of State must direct a local authority in England to provide accommodation to the child, under section 20 of the Children Act 1989, from the transfer date.

The transfer date must be a date falling after the end of the period of five working days beginning with the day on which the local authority was given the direction.

The Secretary of State may decide that an unaccompanied child who is being provided with accommodation by a local authority in England is to cease being provided with that accommodation on a certain date (the transfer date).

On making that decision, the Secretary of State must direct the local authority to cease providing the child with accommodation from the transfer date.

The transfer date must be a date falling after the end of the period of five working days beginning with the day on which the local authority was given the direction.

When a local authority ceases providing a child with accommodation in compliance with a direction under subsection (5), the Secretary of State must arrange for the child to reside in accommodation for unaccompanied migrant children from the transfer date.

In this section and sections 18 and 19—

The Secretary of State may direct a local authority to provide information to the Secretary of State for the purposes of helping the Secretary of State to make a decision under section 17(1) or (4) (decision to transfer unaccompanied migrant child from Secretary of State to local authority or vice versa).

The information that the Secretary of State may direct a local authority to provide is—

A local authority which is directed to provide information under this section must provide it—

If the Secretary of State is satisfied that a local authority has failed, without reasonable excuse, to comply with a direction under section 17 or a duty under section 18, the Secretary of State may make an order declaring that authority to be in default with respect to that direction or duty.

An order under subsection (1) must give the Secretary of State’s reasons for making it.

An order under subsection (1) may contain such directions for the purpose of ensuring that the direction or duty is complied with, within such period as may be specified in the order, as appears to the Secretary of State to be necessary.

Any such direction may be enforced on an application made on behalf of the Secretary of State, by a mandatory order.

The Secretary of State may make regulations enabling sections 16 to 19 to apply in relation to Wales, Scotland or Northern Ireland.

The regulations may amend, repeal or revoke any enactment (including an enactment contained in this Act).

The regulations may not confer functions on—

In this section, “enactment” includes—

Section 69 of the Immigration Act 2016 (transfer of responsibility for relevant children) is amended as follows.

In subsection (9) (definition of “relevant child”)—

In subsection (10), at the end insert “(a) to (c)”.

Subsection (2) (disapplication of modern slavery provisions) applies in relation to a person if— This is subject to subsections (3) to (7).

Where this subsection applies in relation to a person—

Subsection (2) does not apply in relation to a person if—

In subsection (3)—

The Secretary of State must assume for the purposes of subsection (3)(b) that it is not necessary for the person to be present in the United Kingdom to provide the cooperation in question unless the Secretary of State considers that there are compelling circumstances which require the person to be present in the United Kingdom for that purpose.

In determining whether there are compelling circumstances as mentioned in subsection (5), the Secretary of State must have regard to guidance issued by the Secretary of State.

Subsection (2) does not apply in relation to a person (“A”) if subsection (3) applies in relation to a person (“P”) and—

Subsection (9) applies to a person if—

The Secretary of State may revoke the leave granted to the person under section 65(2) of the Nationality and Borders Act 2022.

Subsection (9) is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.

In this section—

Subsection (2) applies in relation to a person if—

Any duty under section 50A of the Modern Slavery Act 2015 (assistance and support) to secure that any necessary assistance and support is available to the person does not apply in relation to the person.

In this section “positive reasonable grounds decision” has the same meaning as in section 22.

Subsection (2) applies in relation to a person if— This is subject to subsections (3) to (5).

Where this subsection applies in relation to a person, the following do not apply in relation to the person—

Subsection (2) does not apply in relation to a person if—

In subsection (3)—

The Secretary of State must assume for the purposes of subsection (3)(b) that it is not necessary for the person to be present in the United Kingdom to provide the cooperation in question unless the Secretary of State considers that there are compelling circumstances which require the person to be present in the United Kingdom for that purpose.

In determining whether there are compelling circumstances as mentioned in subsection (5), the Secretary of State must have regard to guidance issued by the Secretary of State.

For the purposes of this section—

In this section the following expressions have the same meaning as in section 22—

The Secretary of State may by regulations amend this section in consequence of regulations made by the Scottish Ministers under—

Subsection (2) applies in relation to a person if— This is subject to subsections (3) to (5).

Where this subsection applies in relation to a person, the following do not apply in relation to the person—

Subsection (2) does not apply in relation to a person if—

In subsection (3)—

The Secretary of State must assume for the purposes of subsection (3)(b) that it is not necessary for the person to be present in the United Kingdom to provide the cooperation in question unless the Secretary of State considers that there are compelling circumstances which require the person to be present in the United Kingdom for that purpose.

In determining whether there are compelling circumstances as mentioned in subsection (5), the Secretary of State must have regard to guidance issued by the Secretary of State.

For the purposes of this section—

In this section the following expressions have the same meaning as in section 22—

The operation of a provision of sections 22 to 25 (a “relevant provision”) is suspended at the end of the period of 2 years beginning with the coming into force of that provision.

Subsection (1) does not apply to section 24(9) (power to amend section 24 in consequence of regulations made by the Scottish Ministers).

The Secretary of State may by regulations—

A period specified in regulations under subsection (3)(b) must not exceed 12 months from the time at which the operation of the provision would otherwise be suspended.

A period specified in regulations under subsection (3)(c) must not exceed 12 months.

A power to make regulations under subsection (3) may be exercised more than once in relation to the same relevant provision.

Section 16(1) of the Interpretation Act 1978 applies in relation to the suspension of the operation of a relevant provision by or by virtue of this section as if the provision had been repealed by an Act.

The Secretary of State may by regulations make other transitional or saving provision in connection with the suspension of the operation of a relevant provision.

A reference in this section to a relevant provision the operation of which would be, or has been, suspended is to a relevant provision the operation of which would be, or has been, suspended—

A statutory instrument containing (whether alone or with other provision) regulations under section 26(3)(c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Subsection (1) does not apply to regulations that contain a statement that the Secretary of State considers that there is an urgent need to make the regulations without the approval required by that subsection.

A statutory instrument containing regulations that contain such a statement must be laid before Parliament after being made.

Regulations contained in a statutory instrument laid before Parliament under subsection (3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—

If regulations cease to have effect as a result of subsection (4) that does not—

In section 50A of the Modern Slavery Act 2015 (identified potential victims of slavery or human trafficking: assistance and support) (as inserted by section 64 of the Nationality and Borders Act 2022), after subsection (5) insert—

The Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) is amended in accordance with subsections (3) and (4).

In section 9 (human trafficking: support and assistance), after subsection (9) insert—

In section 10 (slavery etc: support and assistance), after subsection (2) insert—

In section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (human trafficking and slavery etc: assistance and support), after subsection (10) insert—

The Nationality and Borders Act 2022 is amended in accordance with subsections (7) to (12).

In section 61(2) (identified potential victims of slavery or human trafficking: recovery period), after “section 63(2)” insert “and section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave)”.

In section 62(2) (identified potential victims of slavery or human trafficking: additional recovery period), after “section 63(2)” insert “and section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave)”.

In section 63 (identified potential victims of slavery or human trafficking: disqualification from protection), after subsection (7) insert—

Section 65 (leave to remain for victims of slavery or human trafficking) is amended in accordance with subsections (11) and (12).

In subsection (3), after “section 63(2)” insert “and section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave)”.

After subsection (8) insert—

Section 63 of the Nationality and Borders Act 2022 (identified potential victims of slavery or human trafficking: disqualification from protection) is amended as follows.

In subsection (1)—

After subsection (2) insert—

In subsection (3)—

After subsection (5) insert—

An amendment made by a provision of this section applies in relation to a person whether a positive reasonable grounds decision or a positive conclusive grounds decision within the meaning of Part 5 of the Nationality and Borders Act 2022 was made in relation to the person before or after the coming into force of the provision making the amendment.

The Immigration Act 1971 is amended in accordance with subsections (2) and (3).

In section 8(1) (exceptions for seamen, aircrews and other special cases), at the end of paragraph (c) insert or.

After section 8A, insert—

Until section 2(1) comes into force in relation to a person, section 8AA of the Immigration Act 1971 has effect in relation to that person as if it also permitted the Secretary of State to give the person limited leave to enter or limited leave to remain in the United Kingdom in any other circumstances, subject as follows.

If a person in relation to whom section 8AA of the Immigration Act 1971 applies leaves or is removed from the United Kingdom after having become such a person, subsection (4) of this section does not permit the Secretary of State to give the person limited leave to enter the United Kingdom if the person returns to the United Kingdom (but see section 8AA(3) of that Act).

If a person in relation to whom section 8AA of the Immigration Act 1971 applies is given limited leave to enter the United Kingdom under subsection (3) of that section, subsection (4) of this section does not permit the Secretary of State to give the person limited leave to remain in the United Kingdom (but see section 8AA(4) of that Act).

Any leave to enter or remain in the United Kingdom given to a person by virtue of subsection (4) is to be disregarded in determining, for the purposes of this Act or any other enactment, whether the person meets the four conditions in section 2.

Sections 32 to 35 (ineligibility for routes to British citizenship, British overseas territories citizenship, British overseas citizenship and status as a British subject) apply in relation to a person who falls within subsection (3), read with the modifications in subsections (4) to (6).

Such a person is referred to in sections 32 to 35 as an “ineligible person”.

A person falls within this subsection if the person has ever met the four conditions in section 2 (conditions relating to removal from the United Kingdom), reading subsection (3) of that section as if it referred to a person entering or arriving in the United Kingdom as mentioned in subsection (2) of that section on or after 7 March 2023.

For the purposes of this section, references to the United Kingdom in section 2 and this section are to be read as if they included references to the Islands and the British overseas territories.

For the purposes of this section as it has effect by virtue of subsection (4) in relation to any of the Islands—

For the purposes of this section as it has effect by virtue of subsection (4) in relation to any of the British overseas territories—

In this section, “the Islands” means the Channel Islands and the Isle of Man.

This section is subject to section 36 (disapplication of sections 32 to 35).

An ineligible person is not entitled to be registered as a British citizen under any of the following provisions—

In relation to an application for British citizenship made by or in relation to an ineligible person, the Secretary of State may not—

An ineligible person is not entitled to be registered as a British overseas territories citizen under any of the following provisions—

In relation to an application made by or in relation to an ineligible person, the Secretary of State may not—

This section applies in relation to a person who would otherwise be an ineligible person for the purposes of sections 32 to 35 (see section 31).

The Secretary of State may determine that the person is not to be an “ineligible person” for the purposes of sections 32 to 35 if the Secretary of State considers that the application of those sections in relation to the person would contravene the United Kingdom’s obligations under the Human Rights Convention.

The British Nationality Act 1981 is amended as follows.

In section 3 (acquisition of British citizenship by registration: minors), after subsection (6) insert—

In section 4 (acquisition of British citizenship by registration: British overseas territories citizens etc), after subsection (6) insert—

In section 4A (acquisition of British citizenship by registration: further provision for British overseas territories citizens), after subsection (2) insert—

In section 5 (acquisition of British citizenship by registration: British overseas territories citizens having connection with Gibraltar), at the beginning insert “Subject to sections 31, 32 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”.

In section 6 (acquisition of British citizenship by naturalisation), after subsection (2) insert—

In section 10 (registration as British citizen following renunciation of citizenship of UK etc), after subsection (4) insert—

In section 13 (resumption of British citizenship), after subsection (3) insert—

In section 17 (acquisition of British overseas territories citizenship by registration: minors), after subsection (6) insert—

In section 18 (acquisition of British overseas territories citizenship by naturalisation), after subsection (3) insert—

In section 22 (right to registration as British overseas territories citizen replacing right to resume citizenship of UK etc), after subsection (4) insert—

In section 24 (renunication and resumption of British overseas territories citizenship), at the beginning insert “Subject to sections 31, 33 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”.

In section 27(1) (registration of minors as British overseas citizens), at the beginning insert “Subject to sections 31, 34 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”.

In section 32 (registration of minors as British subjects), at the beginning insert “Subject to sections 31, 35 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”.

The definitions in subsections (2) to (8) have effect for the purposes of this section and sections 39 to 53.

“Suspensive claim” means—

“Removal conditions suspensive claim” means a claim by a person who has been given a removal notice that the person does not meet the removal conditions.

“Removal notice” means a notice of removal given to a person under section 8(2)(a) (further provisions about removal).

“Third country removal notice” means a removal notice under which a person is to be removed to a third country.

“Third country”, in relation to a person, means a country or territory other than—

“Removal conditions” means the four conditions in section 2 (duty to make arrangements for removal).

“Working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Where a removal notice specifies part of a country or territory, references in this section and sections 39 to 53 to the country or territory specified in the removal notice are to the part of the country or territory so specified.

The definitions in subsections (2) and (3) have effect for the purposes of section 38, this section and sections 40 to 53.

A “serious harm suspensive claim” means a claim by a person (“P”) who has been given a third country removal notice that the serious harm condition is met in relation to P.

The “serious harm condition” is that P would, before the end of the relevant period, face a real, imminent and foreseeable risk of serious and irreversible harm if removed from the United Kingdom under this Act to the country or territory specified in the third country removal notice.

The following are examples of harm that constitute serious and irreversible harm for the purposes of this Act—

The following are examples of harm that do not constitute serious and irreversible harm for the purposes of this Act—

Subsection (7) is an example of harm that is unlikely to constitute serious and irreversible harm for the purposes of this Act.

Any pain or distress resulting from a medical treatment that is available to P in the United Kingdom not being available to P in the relevant country or territory.

For the purposes of subsections (4) and (5)—

In this section “relevant period” means the total period of time that it would take—

The Secretary of State may by regulations amend section 39 to make provision about the meaning of “serious and irreversible harm” for the purposes of this Act.

Regulations under subsection (1) may in particular—

Regulations under subsection (1) may not amend subsection (4) of section 39 to remove any example of serious and irreversible harm which is listed in that subsection when this Act is passed.

Regulations under subsection (1) may make consequential amendments to this Act.

A “serious harm suspensive claim” made under this Act is not a “human rights claim” for the purposes of the Nationality, Immigration and Asylum Act 2002 or the Nationality and Borders Act 2022.

Accordingly no right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002 (appeal against refusal of protection claim or human rights claim) arises in relation to any decision of the Secretary of State made under section 42 (serious harm suspensive claims), 46 (out of time claims) or 48 (new matters) of this Act in respect of a serious harm suspensive claim.

The making of a serious harm suspensive claim by a person (or the possibility of a person making such a claim) does not affect any ability of the person to make a human rights claim in relation to their removal from the United Kingdom to a third country under this Act.

Where— there is no right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002 in relation to that decision.

Subsection (4) does not affect any ability of the person to make an application for judicial review in relation to a decision of the Secretary of State to refuse the claim (but section 5(1)(d) (disregard of application for judicial review) applies in relation to any such application).

In section 82(3) of the Nationality, Immigration and Asylum Act 2002, after ”Part” insert “and in section 41(4) of the Illegal Migration Act 2023 (relationship with other proceedings)”.

This section applies where, within the claim period, a person makes a serious harm suspensive claim to the Secretary of State.

The Secretary of State must, before the end of the decision period, consider the claim and make one of the following decisions—

If the Secretary of State makes a decision under subsection (2)(b), the Secretary of State may also certify that the claim is clearly unfounded (see sections 44(1)(c) and 45 (appeals)).

In considering a serious harm suspensive claim, the Secretary of State must take into account the following factors—

A claim under subsection (1) must— In this subsection “prescribed” means prescribed in regulations made by the Secretary of State.

Before the end of the claim period or the decision period in relation to a serious harm suspensive claim, the Secretary of State may, by notice to the person concerned, extend the period where the Secretary of State considers it appropriate to do so.

In this section—

This section applies where, within the claim period, a person makes a removal conditions suspensive claim to the Secretary of State.

The Secretary of State must, before the end of the decision period, consider the claim and make one of the following decisions—

If the Secretary of State makes a decision under subsection (2)(b), the Secretary of State may also certify that the claim is clearly unfounded (see sections 44(1)(c) and 45 (appeals)).

In considering a removal conditions suspensive claim in circumstances where it is reasonable to expect a person to have provided certain evidence and they have not done so, the Secretary of State must take into account the fact that the person has not provided such evidence.

A claim under subsection (1) must— In this subsection “prescribed” means prescribed in regulations made by the Secretary of State.

Before the end of the claim period or the decision period in relation to a removal conditions suspensive claim, the Secretary of State may, by notice to the person concerned, extend the period where the Secretary of State considers it appropriate to do so.

In this section—

This section applies if—

The person may appeal to the Upper Tribunal against the decision mentioned in subsection (1)(b).

An appeal under subsection (2) must be brought on the ground that— and the notice of appeal must contain compelling evidence of such ground.

In considering an appeal in relation to a serious harm suspensive claim, the Upper Tribunal must take into account the factors mentioned in section 42(4).

In considering an appeal in relation to a removal conditions suspensive claim in circumstances where it is reasonable to expect a person to have provided certain evidence and they have not done so, the Upper Tribunal must take into account the fact that the person has not provided such evidence.

Where an appeal is brought under subsection (2), the Upper Tribunal must decide—

See section 13 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Court of Appeal etc) for provision about the only right of appeal against a decision of the Upper Tribunal under this section.

This section applies if—

The person may not appeal to the Upper Tribunal against the decision mentioned in subsection (1)(b), but they may apply to the Upper Tribunal for permission to appeal to the Upper Tribunal against the decision.

In relation to a serious harm suspensive claim, the Upper Tribunal may grant permission to appeal in response to a person’s application under subsection (2) only if it considers that there is compelling evidence that—

In relation to a removal conditions suspensive claim, the Upper Tribunal may grant permission to appeal in response to a person’s application under subsection (2) only if it considers that there is compelling evidence that the person does not meet the removal conditions.

Unless the Upper Tribunal considers that an oral hearing is necessary to secure that justice is done in a particular case, an application under subsection (2) is to be determined by the Upper Tribunal only on the basis of written submissions and evidence.

If the Upper Tribunal grants permission to appeal, the person may appeal to the Upper Tribunal under section 44(2) against the decision mentioned in subsection (1)(b).

There is no right of appeal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Court of Appeal etc) in relation to a decision of the Upper Tribunal on an application under this section.

See also section 51 (finality of certain decisions by the Upper Tribunal).

This section applies if—

The Secretary of State must, before the end of the decision period, consider whether there were compelling reasons for the person not to make the claim within the claim period.

If the Secretary of State decides that there were compelling reasons for the person not to make the claim within the claim period, the Secretary of State must consider the claim under section 42(2) (serious harm suspensive claims) or (as the case may be) 43(2) (removal conditions suspensive claims).

If the Secretary of State decides that there were not compelling reasons for the person not to make the claim within the claim period, the person may apply for a declaration from the Upper Tribunal that there were compelling reasons for the person not to make the claim within the claim period.

An application under subsection (4) must—

If the Upper Tribunal grants a declaration on an application under subsection (4), the Secretary of State must consider the claim under section 42(2) or (as the case may be) 43(2).

There is no right of appeal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Court of Appeal etc) in relation to a decision of the Upper Tribunal on an application under subsection (4).

See also section 51 (finality of certain decisions by the Upper Tribunal).

Before the end of the decision period in relation to a suspensive claim mentioned in subsection (1)(a), the Secretary of State may, by notice to the person concerned, extend the period where the Secretary of State considers it appropriate to do so.

In this section “decision period” means the period of 4 days beginning with the day on which the person makes the suspensive claim.

A person who has been given a removal notice may not be removed from the United Kingdom under this Act to the country or territory specified in the removal notice during any of the following periods—

Where— the person may not be removed from the United Kingdom under this Act to the country or territory specified in the removal notice.

But if at any time it appears to the Secretary of State that there has been a change of circumstances in relation to the person—

In subsection (3) the reference to a change of circumstances in relation to a person includes in particular where any— made by the person in relation to their removal from the United Kingdom is not successful.

Where the Secretary of State makes a decision under section 42(2)(b) or 43(2)(b) in relation to a suspensive claim, the person may, subject to any appeal (see sections 44, 45 and 53), be removed from the United Kingdom under this Act to the country or territory specified in the removal notice.

This section applies where the Upper Tribunal is considering— in relation to a decision of the Secretary of State under section 42(2)(b) or 43(2)(b) (refusal of suspensive claim).

The Upper Tribunal may consider any matter which it considers relevant to the substance of the decision.

But the Upper Tribunal must not consider a new matter unless the condition in subsection (5) is met.

A matter is a “new matter” if—

The condition in this subsection is that—

The Secretary of State may provide consent under subsection (5)(a) only if the Secretary of State considers that there were compelling reasons for the person not to have provided details of the matter before the end of the claim period.

In subsection (5) “relevant period” means the period of 3 working days beginning with the day after the day on which the new matter is raised by the person in the course of the appeal or application.

There is no right of appeal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Court of Appeal etc) in relation to a decision of the Upper Tribunal to make or not to make a determination under subsection (5)(b).

See also section 51 (finality of certain decisions by the Upper Tribunal).

Tribunal Procedure Rules must secure that in relation to an appeal under section 44(2) (appeal against decision to refuse suspensive claim)—

Tribunal Procedure Rules must secure that in relation to an application for permission to appeal under section 45(2) (permission to appeal: claims certified as clearly unfounded)—

Tribunal Procedure Rules must secure that in relation to an application for a declaration under section 46(4) (out of time claims)—

But Tribunal Procedure Rules must—

The first time after the passing of this Act that Tribunal Procedure Rules are made for the purposes of any of sections 44 to 49 (appeals in relation to suspensive claims), the Rules may be made by the Lord Chancellor rather than by the Tribunal Procedure Committee.

Before making Tribunal Procedure Rules by virtue of subsection (1), the Lord Chancellor must consult—

The Lord Chancellor is not required to undertake any other consultation before making Tribunal Procedure Rules by virtue of subsection (1).

A requirement to consult under subsection (2) may be satisfied by consultation that took place wholly or partly before the passing of this Act.

Tribunal Procedure Rules made by virtue of subsection (1) are to be made by statutory instrument.

A statutory instrument containing Tribunal Procedure Rules made by virtue of subsection (1) must be laid before Parliament after being made.

Tribunal Procedure Rules contained in a statutory instrument laid before Parliament under subsection (6) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

In calculating the period of 40 days, no account is to be taken of any whole days that fall within a period during which—

If Tribunal Procedure Rules cease to have effect as a result of subsection (7)—

In this section “Tribunal Procedure Committee” means the committee of that name constituted under Part 2 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.

Subsections (2) and (3) apply in relation to a decision by the Upper Tribunal—

The decision is final, and not liable to be questioned or set aside in any other court.

In particular—

Subsections (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether—

In this section—

This section applies where the Secretary of State makes a decision under section 42(2)(b) or 43(2)(b) (refusal of suspensive claim) in relation to a suspensive claim.

An appeal under section 44, or an application for permission to appeal under section 45, in relation to the decision may not be brought or continued if the Secretary of State acting in person certifies that the decision was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public—

Where a certificate is issued under subsection (2), any pending appeal, or application for permission to appeal, in relation to the decision lapses.

The Special Immigration Appeals Commission Act 1997 is amended as follows.

After section 2 insert—

In the following provisions, for “2 or 2B” substitute “2, 2AA or 2B”—

In section 5 (procedure in relation to jurisdiction under sections 2 and 3)—

This section applies to any court proceedings relating to a decision to remove a person from the United Kingdom under this Act (whether the proceedings involve consideration of Convention rights or otherwise).

Any power of the court or tribunal to grant an interim remedy (whether on an application of the person or otherwise) is restricted as follows.

The court or tribunal may not grant an interim remedy that prevents or delays, or that has the effect of preventing or delaying, the removal of the person from the United Kingdom in pursuance of the decision.

In this section—

This section applies where the European Court of Human Rights indicates an interim measure in proceedings relating to the intended removal of a person from the United Kingdom under, or purportedly under, this Act.

A Minister of the Crown may (but need not) determine that the duty in section 2(1) (duty to make arrangements for removal) is not to apply in relation to the person.

A decision as to whether or not to make a determination under subsection (2) is to be taken personally by the Minister of the Crown.

In considering whether to make a determination under subsection (2), the Minister may have regard to any matter that the Minister considers relevant, including in particular the matter in subsection (5).

The matter mentioned in subsection (4) is the procedure by reference to which the interim measure was indicated, including in particular—

Where a Minister of the Crown does not make a determination under subsection (2), a person or body to which subsection (7) applies may not have regard, in the circumstances mentioned in subsection (7), to the interim measure.

This subsection applies to—

No inference is to be drawn from this section as to whether or not a person or body mentioned in subsection (7) would otherwise have been required to have regard to the interim measure.

Nothing in this Act requires the Secretary of State or an immigration officer to effect the removal of a person from the United Kingdom pending a decision by a Minister of the Crown as to whether or not to make a determination under subsection (2).

In this section—

Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as mentioned in subsections (2) to (4).

In Part 1 (services), in paragraph 19 (judicial review)—

In that Part, after paragraph 31B insert—

In Part 3 (advocacy: exclusions and exceptions) after paragraph 16 insert—

In regulation 11(9) of the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) (qualifying for civil legal services: cases in which merits criteria do not apply)—

The Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) is amended in accordance with subsections (7) and (8).

In Article 14 (decisions about provision of funded services), after paragraph (2A) insert—

In paragraph 2 of Schedule 2 (civil legal services: exceptions to excluded services), after paragraph (ib) insert—.

The Civil Legal Services (General) Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 195) are amended in accordance with subsections (10) to (14).

In regulation 2 (interpretation), in the definition of “representation (higher courts)”, in paragraph (f), after “2(ib)” insert “, (ic) or (id)”.

In regulation 31 (applications for advice and assistance)—

In regulation 32 (extensions)—

In regulation 41 (applications for certificates)—

In regulation 43 (determination of applications for certificates)—

In regulation 4 of the Civil Legal Services (Financial) Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 196) (exceptions from requirement to make a determination in respect of an individual’s financial resources)—

This section applies if a relevant authority decides the age of a person (“P”) who meets the four conditions in section 2 (duty to make arrangements for removal), whether that decision is for the purposes of this Act or otherwise.

If the decision is made on an age assessment under section 50 or 51 of the Nationality and Borders Act 2022, P may not bring an appeal against the decision under section 54(2) of that Act.

Subsections (4) and (5) apply if P makes an application for judicial review of—

The application does not prevent the exercise of any duty or power under this Act to make arrangements for the person’s removal from the United Kingdom.

The court or tribunal must determine the application on the basis that the person’s age is a matter of fact to be determined by the relevant authority; and accordingly the court or tribunal—

In this section “relevant authority” means—

This section applies in relation to a decision of a local authority which is a decision within subsection (1) only if it is for the purposes, or also for the purposes, of the local authority deciding whether or how to exercise any of its functions under relevant children’s legislation within the meaning of Part 4 of the Nationality and Borders Act 2022.

For the purposes of this section, the cases in which a relevant authority decides the age of a person on an age assessment under section 50 or 51 of the Nationality and Borders Act 2022 include where a relevant authority is treated by virtue of regulations under section 58 of this Act as having decided that a person is over the age of 18.

This section applies only in relation to a decision which is made after this section comes into force.

The Nationality and Borders Act 2022 is amended as follows.

In section 54(6) (appeals relating to age assessments)—

In section 56(1) (new information following age assessment or appeal), for paragraph (b) (and the “and” at the end of that paragraph) substitute— .

The Secretary of State may make regulations about the effect of a decision by a relevant person (“P”) not to consent to the use of a specified scientific method for the purposes of an age assessment of P where there are no reasonable grounds for P’s decision.

The regulations may provide that, in the circumstances set out in the regulations—

In this section—

In Part 4 of the Nationality and Borders Act 2022 (age assessments)—

Part 4A of the Nationality, Immigration and Asylum Act 2002 (inadmissible asylum claims) is amended as follows.

In section 80A (asylum claims by EU nationals)—

After section 80A insert—

In the heading to Part 4A, after “Asylum” insert “and Human Rights”.

The Secretary of State must make regulations specifying the maximum number of persons who may enter the United Kingdom annually using safe and legal routes (see subsection (7)).

Before making the regulations the Secretary of State must consult—

But the duty to consult does not apply where the Secretary of State considers that the number needs to be changed as a matter of urgency.

The Secretary of State must begin the consultation under subsection (2) in relation to the first regulations to be made under this section before the end of the period of 3 months beginning with the day on which this Act is passed.

If in any year the number of persons who enter the United Kingdom using safe and legal routes exceeds the number specified in the regulations, the Secretary of State must lay a statement before Parliament—

The statement must be laid before Parliament before the end of the period of six months beginning with the day after the last day of the year to which the statement relates.

In this section—

The Secretary of State must, before the end of the relevant period—

The report must—

In this section—

Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility) is amended as follows.

In subsection (3)—

In subsection (7)—

In subsection (8) for “A passport” substitute “An identity document”.

The Secretary of State may by regulations make provision that is consequential on this Act.

Regulations under subsection (1) may, in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as, this Act.

In subsection (2) “enactment” includes—

In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—

In Schedule 5 to the Nationality and Borders Act 2022, in paragraph 8, omit sub-paragraph (2).

A power to make regulations under this Act is exercisable by statutory instrument.

Regulations under this Act may make—

Subsection (2) does not apply to regulations under section 68(1) (commencement).

A statutory instrument containing (whether alone or with other provision)— may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Any other statutory instrument containing regulations under this Act for which no Parliamentary procedure is otherwise specified by this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

Subsection (5) does not apply to a statutory instrument containing only regulations under—

In this section “primary legislation” means—

This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.

Section 23 extends to England and Wales only.

Section 24 extends to Scotland only.

Section 25 extends to Northern Ireland only.

Subsections (7) to (10) of section 4 (and section 65 so far as applying to those subsections) also extend to the Channel Islands and the Isle of Man and the British overseas territories, but only so as to enable regulations under subsection (7) of section 4 to make provision for any of sections 31 to 36 to have effect with modifications in relation to a person to whom regulations under that subsection apply.

Sections 31 to 37 also extend to the Channel Islands and the Isle of Man and the British overseas territories.

His Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

Subsection (7) does not apply to—

Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.

A power under any provision listed in subsection (11) may be exercised so as to extend (with or without modifications) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (11) relates.

Those provisions are—

Subject to subsections (3) and (4), this Act comes into force on such day as the Secretary of State may by regulations appoint.

Regulations under subsection (1) may appoint different days for different purposes.

The following provisions come into force on the day on which this Act is passed—

The following provisions come into force on the day on which this Act is passed for the purposes of making regulations—

The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.