6Regulations: supplementalU.K.
(1)This section applies to regulations under section 5(1).
(2)Regulations amending or replacing earlier regulations may require a person who holds a biometric immigration document issued under the earlier regulations to apply under the new regulations.
(3)In so far as regulations require an individual under the age of 16 to submit to a process for the recording of biometric information, or permit an authorised person to require an individual under the age of 16 to submit to a process of that kind, the regulations must make provision similar to section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 (c. 33) (fingerprints: children).
(4)Rules under section 3 of the Immigration Act 1971 (immigration rules) may make provision by reference to compliance or non-compliance with regulations.
(5)Information in the Secretary of State's possession which is used or retained in accordance with regulations under section 5(5)(d) shall be treated, for the purpose of requirements about treatment and destruction, as having been provided in accordance with the regulations at the time at which it is used or retained in accordance with them.
(6)Regulations—
(a)may make provision having effect generally or only in specified cases or circumstances,
(b)may make different provision for different cases or circumstances,
(c)may include incidental, consequential or transitional provision,
(d)shall be made by statutory instrument, and
(e)may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
Modifications etc. (not altering text)
C1Ss. 5-15 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 2, Sch. 1
C2S. 6 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 4, Sch. 3, Sch. 3A
Commencement Information
I1S. 6 in force at 31.1.2008 by S.I. 2008/99, art. 2(b)