2023 No. 305

Immigration

The Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023

Made

Laid before Parliament

Coming into force

The Secretary of State makes these Regulations in exercise of the powers conferred by section 84(2) and (3) of the Nationality and Borders Act 20221.

Citation, commencement and extent1

These Regulations—

a

may be cited as the Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023;

b

come into force on 31st March 2023;

c

extend to England and Wales, Scotland and Northern Ireland.

Consequential amendment to the Immigration (Provision of Physical Data) Regulations 20062

In regulation 2 of the Immigration (Provision of Physical Data) Regulations 20062—

a

in the definition of “application”—

i

at the end of paragraph (e) omit “or”;

ii

after paragraph (f) insert—

; or

g

an application for an electronic travel authorisation pursuant to immigration rules made by virtue of section 11C of the Immigration Act 19713;

b

in the definition of “immigration rules”4, for “made under” substitute “laid down in accordance with”.

Robert JenrickMinister of StateHome Office
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations put in place a measure required to implement the Electronic Travel Authorisation (“ETA”) scheme introduced by the Nationality and Borders Act 2022 (c. 36).

Section 75(6) of the Nationality and Borders Act 2022 amended section 126(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) to add an application for an ETA to the types of immigration application which the Secretary of State may require by regulations to be accompanied by specified biometric information. Regulation 2 of these Regulations makes a consequential amendment to the Immigration (Provision of Physical Data) Regulations 2006 (S.I. 2006/1743) to add an application for an ETA to the types of immigration application for which compulsory biometric information may be required.

A full impact assessment of the effect that the ETA scheme will have on the costs to business, charity and voluntary bodies and the public sector has been prepared but not published.