PART 1Removal and other powers

Biometrics

13Safeguards for children

(1)

Schedule 2 to the Immigration Act 1971 (entry control) is amended as follows.

(2)

In paragraph 4 (power to take biometric information on examination), after sub-paragraph (6) (as inserted by paragraph 1(3) of Schedule 2) insert—

“(7)

A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless—

(a)

the decision to require P to provide the information has been confirmed by a chief immigration officer, and

(b)

the information is provided in the presence of a person of full age who is—

(i)

P's parent or guardian, or

(ii)

a person who for the time being takes responsibility for P.

(8)

The person mentioned in sub-paragraph (7)(b)(ii) may not be—

(a)

a person who is entitled to require the provision of information under sub-paragraph (5) (an “authorised person”), or

(b)

an officer of the Secretary of State who is not such a person.

(9)

Sub-paragraph (7) does not prevent an authorised person requiring the provision of biometric information by a person the authorised person reasonably believes to be 16 or over.”

(3)

In paragraph 18 (power to take biometric information from detained persons), after sub-paragraph (2A) insert—

“(2B)

Paragraph 4(7) to (9) applies to sub-paragraph (2) as it applies to paragraph 4(5).”