Part 2Amendments to the Immigration (Provision of Physical Data) Regulations 2006

Amendments to the Immigration (Provision of Physical Data) Regulations 2006

2.  The Immigration (Provision of Physical Data) Regulations 2006(1) are amended in accordance with regulations 3 to 11.

Amendment to regulation 2

3.  In regulation 2 (interpretation)(2), in the definition of “application”, omit paragraphs (a) and (b).

Amendment to regulation 3

4.  In regulation 3 (power for an authorised person to require an individual to provide a record of his fingerprints and a photograph of his face), after “an individual who makes an application” insert “or an entrant(3)”.

Amendment to regulation 4

5.  In regulation 4 (provision in relation to applicants under the age of sixteen)(4)—

(a)in the heading, after “applicants” insert “and entrants”;

(b)in paragraph (1), after “applicant” insert “or entrant”;

(c)in paragraph (4), after “applicant” insert “or entrant”.

Amendment to regulation 5

6.  In regulation 5 (provision in relation to section 141 of the Immigration and Asylum Act 1999), after “applicant” insert “or entrant”.

Amendment to regulation 6

7.  In regulation 6 (process by which an individual’s fingerprints and photograph may be obtained and recorded)(5)—

(a)in paragraph (1)—

(i)for “individual” in each place where it appears, substitute “applicant”;

(ii)for “individual’s” in each place where it appears, substitute “applicant’s”;

(iii)omit “and” at the end of sub-paragraph (c);

(iv)at the end of sub-paragraph (d), insert “and”;

(v)after sub-paragraph (d) insert—

“(e)require the applicant to provide a record of the applicant’s fingerprints or a photograph of the applicant’s face by electronic means.”;

(b)after paragraph (1), insert—

“(1A) 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.”;

(c)after paragraph (2), insert—

“(3) 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.”.

Substitution of regulation 6A

8.  For regulation 6A (documents recording biometric information)(6), substitute—

Documents recording biometric information

6A.  Biometric information provided under these Regulations may be recorded on any document issued as a result of—

(a)the application in relation to which the information was provided; or

(b)seeking to enter the United Kingdom on the occasion in relation to which the information was provided.”.

Amendment to regulation 7

9.  In regulation 7 (consequences of failure to comply with these Regulations)—

(a)in paragraph (1), for “individual” substitute “applicant”;

(b)after paragraph (3), insert—

“(4) 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.”.

Amendment to regulation 8A

10.  In regulation 8A (power to use and retain existing biometric information)(7), in paragraph (1)(a), after “application” insert “or seeks to enter the United Kingdom”.

Amendment to regulation 10

11.  In regulation 10 (retention of fingerprints)(8)—

(a)at the end of paragraph (1)(a), omit “or”;

(b)in paragraph (1)(b), after “paragraph (5)”, insert “; or”;

(c)after paragraph (1)(b), insert—

“(c)the date on which they are reused in connection with seeking to enter the United Kingdom,”;

(d)after paragraph (2)(a) insert—

“(aa)the fingerprints of a person liable to arrest under paragraph 10(1)(b) of Schedule 10 to the Immigration Act 2016(9) 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;”.