Borders, Citizenship and Immigration Act 2009
| Jurisdiction | UK Non-devolved |
| Citation | 2009 c. 11 |
| Year | 2009 |
Borders, Citizenship and Immigration Act 2009
2009 CHAPTER 11
An Act to provide for customs functions to be exercisable by the Secretary of State, the Director of Border Revenue and officials designated by them; to make provision about the use and disclosure of customs information; to make provision for and in connection with the exercise of customs functions and functions relating to immigration, asylum or nationality; to make provision about citizenship and other nationality matters; to make further provision about immigration and asylum; and for connected purposes.
[21st July 2009]
Be it enacted
by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Modifications etc. (not altering text)
C1
Act continued (31.12.2020) by The Customs (Transitional) (EU Exit) Regulations 2020 (S.I. 2020/1449), regs. 1(2), 3(1)(b); S.I. 2020/1643, reg. 2, Sch.
C2
Act extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2021 (S.I. 2021/1281), art. 11, Sch. 9, Sch. 9A (with art. 16)
C3
Act: power to amend conferred (28.6.2022 in so far as not already in force, 28.4.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss., 82(2)(l), (3)-(6), 87(1)(4)(i) 82(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29
(1)
The functions of the Commissioners for Her Majesty's Revenue and Customs that are exercisable in relation to general customs matters are exercisable by the Secretary of State concurrently with the Commissioners.
(2)
For the purposes of this Part, a “general customs matter” is a matter in relation to which the Commissioners, or officers of Revenue and Customs, have functions, other than—
(a)
a matter listed in Schedule 1 to the Commissioners for Revenue and Customs Act 2005 (c. 11),
(b)
any tax, duty or levy not mentioned in that Schedule,
(c)
a matter in respect of which functions were transferred to the Commissioners from the Paymaster General under the Transfer of Functions (Office of Her Majesty's Paymaster General) Order 2006 (
S.I.
2006/607),
(d)
the subject matter of
F1
Directive 2015/849/EU
of the European Parliament and of the Council of 20th May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing
(as amended from time to time), and
(e)
the subject matter of
F2
Regulation (
EU
) 2015/847 of the European Parliament and of the Council of 20th May 2015 on information accompanying transfers of funds
(as amended from time to time).
(3)
If a function is exercisable by the Commissioners—
(a)
in relation to a general customs matter, and
(b)
in relation to any other matter,
the function is exercisable by the Secretary of State in relation to the general customs matter only.
(4)
So far as is appropriate for the purposes of or in connection with this section, references to the Commissioners for Her Majesty's Revenue and Customs, or to Her Majesty's Revenue and Customs, in an enactment, instrument or document to which this section applies are to be construed as including a reference to the Secretary of State.
(5)
References in this section (other than in subsection (8))—
(a)
to functions of the Commissioners are to functions conferred by an enactment to which this section applies;
(b)
to functions of officers of Revenue and Customs are to functions conferred by an enactment to which section 3 (designation of general customs officials) applies.
(6)
This section applies to—
(a)
an enactment passed or made before the end of the session in which this Act is passed,
(aa)
F3
sections 98 and 99 of the Energy Act 2013 (
HMRC
functions in relation to Office for Nuclear Regulation
etc.
),
and
(b)
an instrument or document issued before the passing of this Act.
(7)
This includes—
(a)
section 5(2)(b) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (Commissioners' initial functions),
(b)
section 9 of that Act (ancillary powers),
(c)
section 25A(2) of that Act (certificates of debt),
(d)
section 31 of that Act (obstruction), and
(e)
section 33 of that Act (power of arrest) other than in its application to an offence under section 30 of that Act (impersonation),
but does not include any other enactment contained in that Act.
(8)
In this Part “
general customs function
” means—
(a)
a function that is exercisable—
(i)
by the Secretary of State by virtue of this section, or
(ii)
by general customs officials by virtue of section 3,
(b)
a function that is conferred on general customs officials or the Secretary of State by or by virtue of any of
F4
section 23 or
24 (investigations and detention), or
(c)
a function under
F5
F6
assimilated
law
that is exercisable by the Secretary of State or general customs officials in relation to a matter—
(i)
in relation to which functions under
F5
F6
assimilated
law
are exercisable by the Commissioners or officers of Revenue and Customs, and
(ii)
that is not listed in paragraphs (a) to (e) of subsection (2).
Amendments (Textual)
F1
Words in s. 1(2)(d) substituted (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), reg. 1(2), Sch. 7 para. 8(a) (with regs. 8, 15)
F2
Words in s. 1(2)(e) substituted (26.6.2017) by The Money Laundering...
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