Overview

The Borders, Citizenship and Immigration Act 2009 reorganized UK border control and customs functions, clarifying citizenship laws, and making provisions for immigration and asylum procedures. It transferred some powers from Her Majesty's Revenue and Customs (HMRC) to the UK Border Agency and introduced new rules regarding information sharing and data protection.

Description

The Act significantly altered the responsibilities of several government bodies. It granted the Secretary of State concurrent powers with HMRC regarding general customs matters, excluding certain tax and financial regulations. A Director of Border Revenue was created to manage customs revenue functions, also concurrently with HMRC. Both the Secretary of State and Director could designate officials from their departments to execute these functions. The Act imposed stringent rules on the use and disclosure of customs information, including specific prohibitions and exceptions concerning personal data, with penalties for wrongful disclosure. The Act also amended existing laws concerning citizenship applications and requirements, including acquisition through naturalization and birth, with special consideration for armed forces members and their families. Furthermore, it addressed the fingerprinting of foreign criminals liable for deportation, extending port detention powers to Scotland, transferring certain immigration judicial review applications, and clarifying the treatment of those trafficking people for exploitation. Finally, it introduced a duty to safeguard and promote the welfare of children within immigration procedures.

Government Spending

The Act doesn't directly specify changes in UK government spending. However, the reorganization of customs functions and the creation of the Director of Border Revenue position could involve associated costs. Conversely, potential efficiencies in border control might offset some costs. No specific figures are available within the provided Act text.

Groups Affected

• HMRC Officers: Transfer of some of their functions to the UK Border Agency.
• UK Border Agency Officials: Expansion of their responsibilities to include customs functions.
• Immigration Officers: Increased powers and responsibilities, including potential involvement in customs matters.
• Citizenship Applicants: Changes to the requirements for acquiring British citizenship.
• Foreign Criminals: Changes to fingerprinting requirements.
• Individuals Detained at Ports: Extension of detention powers to Scotland.
• Asylum Seekers: Changes to judicial review applications.
• Victims of Human Trafficking: Clarification of the definition of exploitation.
• Children in the UK: Enhanced safeguards for their welfare within immigration processes.

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