The Co-operation in Public Protection Arrangements (UK Border Agency) Order 2011

Statutory Instruments

2011 No. 1733

Offender Management

The Co-operation in Public Protection Arrangements (UK Border Agency) Order 2011

Made

14th July 2011

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred upon him by section 325(7) of the Criminal Justice Act 2003(1).

In accordance with section 330(5) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Co-operation in Public Protection Arrangements (UK Border Agency) Order 2011 and comes into force on 20th July 2011, or, if later, the day after the day on which it is made.

Amendment to section 325(6) of the Criminal Justice Act 2003

2.  In section 325(6) of the Criminal Justice Act 2003 (persons required to co-operate in establishment of arrangements for assessing etc risks posed by certain offenders)—

(a) at the end of paragraph (h) “and” is repealed, and

(b) at the end of paragraph (i) insert—

“, and

(j) the persons listed in section 48(1A)(a) to (e) of the UK Borders Act 2007(2) and any person acting pursuant to arrangements relating to the discharge of a function within section 48(1A) of that Act (persons exercising functions as the UK Border Agency) ”.

Signed by the authority of the Secretary of State

Crispin Blunt

Parliamentary Under Secretary of State

Ministry of Justice

14th July 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order adds the persons who exercise functions as the UK Border Agency to the list of persons who have a statutory duty to co-operate in the establishment of risk management arrangements made in respect of certain violent and sexual offenders pursuant to section 325 of the Criminal Justice Act 2003. The UK Border Agency is responsible for internal immigration controls in the United Kingdom, including asylum, management of applications for further stay, and enforcement of immigration controls.

A full regulatory impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.

(1)

2003 c. 44

(2)

2007 c. 30. Subsection (1A) was inserted by section 28(2) of the Borders, Citizenship and Immigration Act 2009 (c. 11).