Nationality, Immigration and Asylum Act 2002

126 Physical data: compulsory provisionU.K.

(1)The Secretary of State may by regulations—

(a)require an immigration application to be accompanied by specified [F1biometric information];

(b)enable an authorised person to require an individual who makes an immigration application to provide [F2biometric information];

(c)enable an authorised person to require an entrant to provide [F3biometric information].

(2)In subsection (1) “immigration application” means an application for—

(a)entry clearance,

(b)leave to enter or remain in the United Kingdom, or

(c)variation of leave to enter or remain in the United Kingdom.

[F4(d)a transit visa (within the meaning of section 41 of the Immigration and Asylum Act 1999), or

(e)a document issued as evidence that a person who is not a national of an EEA state or Switzerland is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.]

(3)Regulations under subsection (1) may not—

(a)impose a requirement in respect of a person to whom section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) applies, during the relevant period within the meaning of that section, or

(b)enable a requirement to be imposed in respect of a person to whom that section applies, during the relevant period within the meaning of that section.

(4)Regulations under subsection (1) may, in particular—

(a)require, or enable an authorised person to require, the provision of [F5biometric] information in a specified form;

(b)require an individual to submit, or enable an authorised person to require an individual to submit, to a specified process by means of which [F6biometric] information is obtained or recorded;

(c)make provision about the effect of failure to provide [F7biometric] information or to submit to a process (which may, in particular, include provision for an application to be disregarded or dismissed if a requirement is not satisfied);

(d)confer a function (which may include the exercise of a discretion) on an authorised person;

(e)require an authorised person to have regard to a code (with or without modification);

(f)require an authorised person to have regard to such provisions of a code (with or without modification) as may be specified by direction of the Secretary of State;

[F8(fa)provide for biometric information to be recorded on any document issued as a result of the application in relation to which the information was provided;]

(g)make provision about the use and retention of information provided (which may include provision permitting the use of information for specified purposes which do not relate to immigration);

(h)make provision which applies generally or only in specified cases or circumstances;

(i)make different provision for different cases or circumstances.

(5)Regulations under subsection (1) must—

(a)include provision about the destruction of information obtained or recorded by virtue of the regulations,

(b)require the destruction of information at the end of the period of ten years beginning with the day on which it is obtained or recorded in a case for which destruction at the end of another period is not required by or in accordance with the regulations, and

(c)include provision similar to section 143(2) and (10) to (13) of the Immigration and Asylum Act 1999 (c. 33) (fingerprints: destruction of copies and electronic data).

(6)In so far as regulations under subsection (1) require an individual under the age of 16 to submit to a process, the regulations must make provision similar to section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 (fingerprints: children).

(7)In so far as regulations under subsection (1) enable an authorised person to require an individual under the age of 16 to submit to a process, the regulations must make provision similar to section 141(3) to (5), (12) and (13) of that Act (fingerprints: children).

(8)Regulations under subsection (1)—

(a)must be made by statutory instrument, and

(b)shall not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

[F9(8A)Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.]

(9)In this section—

• “authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (authority to take fingerprints),

• [F10“ biometric information ” has the meaning given by section 15 of the UK Borders Act 2007,]

• “code” has the meaning given by section 145(6) of that Act (code of practice),

• [F11“ document ” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods),]

• “entrant” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation),

• “entry clearance” has the meaning given by section 33(1) of that Act,

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