Draft Regulations laid before Parliament under section 126(8)(b) of the Nationality, Immigration and Asylum Act 2002, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
IMMIGRATION
Made
2003
Coming into force
2003
Whereas a draft of these Regulations has been laid before and approved by resolution of each House of Parliament;
Now, therefore, in exercise of the powers conferred upon him by section 126(1) of the Nationality, Immigration and Asylum Act 2002(1), the Secretary of State hereby makes the following Regulations:
1. These Regulations may be cited as the Immigration (Provision of Physical Data) Regulations 2003 and shall come into force on the day after they are made.
2. In these Regulations:
“application” means an application for entry clearance made at a British Diplomatic mission or a British Consular post in a country listed in the Schedule to this Order; and
“applicant” means a person who makes an application and is aged five or over at the date of making that application.
3. An application shall, subject to regulation 4, be accompanied by a record of the fingerprints of the applicant.
4.—(1) An applicant under the age of sixteen shall not be required to provide a record of their fingerprints except in the presence of a person aged 18 or over who is—
(a)the child’s parent or guardian; or
(b)a person who for the time being takes responsibility for the child.
(2) The person mentioned in sub-paragraph (1)(b) may not be—
(a)an officer of the Secretary of State who is not an authorised person; or
(b)an authorised person.
(3) An applicant under the age of sixteen shall not be required to provide a record of their fingerprints unless it has been confirmed by an authorised person that the applicant’s decision to provide it will comply with regulations 4(1) and (2) and that confirmation has been ratified by a person designated for the purpose by the Secretary of State.
(4) This regulation shall not apply if the authorised person reasonably believes that the applicant is aged sixteen or over.
5. Where an application is not accompanied by a record of the applicant’s fingerprints it may be treated as invalid.
6. The Secretary of State may, in particular, supply information, including copies of fingerprints provided pursuant to these Regulations to any of the persons to whom, and for any of the purposes for which, he may supply information under section 21 of the Immigration and Asylum Act 1999(2).
7. Subject to regulation 8, any record of fingerprints and copies of fingerprints provided by an applicant pursuant to these Regulations must be destroyed by the Secretary of State at the end of ten years from the date on which they were provided.
8. If an applicant proves that he is—
(a)a British citizen; or
(b)a Commonwealth citizen who has right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971(3),
any record of fingerprints provided pursuant to these Regulations and any copies of fingerprints must be destroyed as soon as reasonably practicable.
9. The Secretary of State must take all reasonably practicable steps to secure:
(a)that data held in electronic form which relate to any record of fingerprints which are to be destroyed in accordance with regulation 7 are destroyed or erased; or
(b)that access to such data is blocked.
10. The applicant to whom the data relates is entitled, on written request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by regulation 9.
11. A certificate issued under regulation 10 must be issued within three months of the date on which the request was received by the Secretary of State.
Minister of State
Home Office
Regulation 2
Sri Lanka
(This note is not part of the Regulations)
These Regulations are made under section 126 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) and make provision for a record of fingerprints to accompany an application for entry clearance in certain circumstances. These circumstances are where a person aged five or over applies for entry clearance at a British Diplomatic mission or a British Consular post in Sri Lanka (regulations 2 and 3) (“an applicant”). If the application for entry clearance is not accompanied by a record of the applicant’s fingerprints the application for entry clearance may be treated as invalid (regulation 5).
Where an applicant is under sixteen a record of fingerprints may only be provided in the presence of a person aged eighteen or over who is the applicant’s parent or guardian or a person who takes responsibility for the applicant (regulation 4(1)). With regard to the latter, such a person must not be an authorised person or any other officer of the Secretary of State who is not an authorised person (regulation 4(2)). In any event a record of fingerprints cannot be provided by an applicant aged under sixteen unless an authorised person has confirmed that the safeguards in regulation 4(1) and (2) are in place and that confirmation has been ratified by a person designated by the Secretary of State for the purpose (regulation 4(3)). These provisions will not apply where an authorised person reasonably believes that an applicant is aged sixteen or over (regulation 4(4). For the purposes of these Regulations, “authorised person” has the same meaning as given to it by section 126(9) of the 2002 Act.
Information, including copies of fingerprints, provided pursuant to these Regulations may, in particular, be supplied by the Secretary of State to any of the persons to whom, and for any of the purposes for which, he may supply information under section 21 of the Immigration and Asylum Act 1999 (regulation 6). The Regulations also require that any record of fingerprints and copies of fingerprints provided pursuant to these Regulations shall be destroyed by the Secretary of State at the end of ten years from the date on which they were provided (regulation 7). However, if a record of fingerprints are provided by a person who later proves that they are 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 that record and any copies of fingerprints must be destroyed as soon as reasonably practicable (regulation 8). The Secretary of State must take all reasonably practicable steps to secure that fingerprint data held in electronic form which is subject to the obligation to be destroyed ten years after the date on which they were provided are in fact destroyed or erased and that any access to that data is blocked (regulation 9). A person whose fingerprint data is 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 such reasonably practicable steps (regulations 10 and 11).