- Latest available (Revised)
- Original (As enacted)
Illegal Migration Act 2023
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Illegal Migration Act 2023, Section 28 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 28:
- s. 28(12) omitted by S.I. 2024/815 reg. 3(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 32(1)(ba) inserted by 2024 c. 19 s. 1(5)
Prospective
28Amendments relating to sections 22 to 25U.K.
This section has no associated Explanatory Notes
(1)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—
“(5A)This section is subject to section 23 of the Illegal Migration Act 2023 (provisions relating to support: England and Wales).”
(2)The Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) is amended in accordance with subsections (3) and (4).
(3)In section 9 (human trafficking: support and assistance), after subsection (9) insert—
“(10)This section is subject to section 24 of the Illegal Migration Act 2023 (provisions relating to support: Scotland).”
(4)In section 10 (slavery etc: support and assistance), after subsection (2) insert—
“(3)This section is subject to section 24 of the Illegal Migration Act 2023 (provisions relating to support: Scotland).”
(5)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—
“(10A)This section is subject to section 25 of the Illegal Migration Act 2023 (provisions relating to support: Northern Ireland).”
(6)The Nationality and Borders Act 2022 is amended in accordance with subsections (7) to (12).
(7)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)”.
(8)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)”.
(9)In section 63 (identified potential victims of slavery or human trafficking: disqualification from protection), after subsection (7) insert—
“(8)See also section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave).”
(10)Section 65 (leave to remain for victims of slavery or human trafficking) is amended in accordance with subsections (11) and (12).
(11)In subsection (3), after “section 63(2)” insert “and section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave)”.
(12)After subsection (8) insert—
“(8A)Section 22 of the Illegal Migration Act 2023 also makes provision about the revocation of leave granted under subsection (2).”
Commencement Information
I1S. 28 not in force at Royal Assent, see s. 68(1)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.