PART 4Age Assessments
I149Interpretation of Part etc
I11
In this Part, “age-disputed person” means a person—
a
who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given), and
b
in relation to whom—
i
a local authority,
ii
a public authority specified in regulations under section 50(1)(b), or
iii
the Secretary of State,
has insufficient evidence to be sure of their age.
I12
In this Part—
“decision-maker” means a person who conducts an age assessment under section 50 or 51;
“designated person” means an official of the Secretary of State who is designated by the Secretary of State to conduct age assessments under section 50 or 51;
“immigration functions” means functions exercisable by virtue of the Immigration Acts;
“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
“local authority”—
- a
in relation to England and Wales, means a local authority within the meaning of the Children Act 1989 (see section 105(1) of that Act),
- b
in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and
- c
in relation to Northern Ireland, means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));
- a
“public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;
“specified scientific method” means a method used for assessing a person’s age which is specified in regulations under section 52(1).
I13
In this Part, “relevant children’s legislation” means—
a
in relation to a local authority in England, any provision of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families; care and supervision; protection of children);
b
in relation to a local authority in Wales, Scotland or Northern Ireland, any statutory provision (including a provision passed or made after the coming into force of this Part) that confers a corresponding function on such an authority.
I14
In subsection (3)—
“corresponding function” means a function that corresponds to a function conferred on a local authority in England by or under Part 3, 4 or 5 of the Children Act 1989;
“statutory provision” means a provision made by or under—
- a
an Act,
- b
an Act of the Scottish Parliament,
- c
an Act or Measure of Senedd Cymru, or
- d
Northern Ireland legislation.
- a
I25
In section 94 of the Immigration and Asylum Act 1999 (support for asylum-seekers: interpretation), for subsection (7) substitute—
7
For further provision as to the conduct of age assessments, which applies for the purposes of this Part, see Part 4 of the Nationality and Borders Act 2022.