New Clause 33 - Regulations about age assessments

Nationality and Borders Bill – in a Public Bill Committee at 11:30 am on 4th November 2021.

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“(1) The Secretary of State may make regulations about age assessments under section (

(a) the processes to be followed, including—

(i) the information and evidence that must be considered and the weight to be given to it,

(ii) the circumstances in which an abbreviated age assessment may be appropriate,

(iii) protections or safeguarding measures for the age-disputed person, and

(iv) where consent is required for the use of a specified scientific method, the processes for assessing a person’s capacity to consent, for seeking consent and for recording the decision on consent;

(b) the qualifications or experience necessary for a person to conduct an age assessment;

(c) where an age assessment includes use of specified scientific methods—

(i) the qualifications or experience necessary for a person to conduct tests in accordance with those methods, and

(ii) the settings in which such tests must be carried out;

(d) the content and distribution of reports on age assessments;

(e) the communication of decisions to the age-disputed person and any other person affected by the decision, and notification of appeal rights (see section (

(f) the consequences of a lack of co-operation with the assessment by the age-disputed person, which may include damage to the person’s credibility.

(2) The regulations may also include provision about—

(a) referrals under section (

(b) how and when a local authority must inform the Secretary of State as mentioned in section (

(c) evidence that the Secretary of State may require as mentioned in section (

(3) Regulations under this section are subject to affirmative resolution procedure.”—

This new clause enables the Secretary of State to make regulations about how age assessments under amendments NC30 and NC31 must be conducted. Once such regulations have been made, all such assessments must be conducted in accordance with them.

Brought up, and read the First and Second time.

Question put, That the clause be added to the Bill.

Division number 65 Nationality and Borders Bill — New Clause 33 - Regulations about age assessments

Aye: 10 MPs

No: 6 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

The Committee divided: Ayes 10, Noes 6.

Question accordingly agreed to.

New clause 33 added to the Bill.