SI 2026/766 - The Border Security, Asylum and Immigration Act 2025 (Commencement No. 5) Regulations 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS 2026 No. 766 (C. 64) IMMIGRATION AND ASYLUM The Border Security, Asylum and Immigration Act 2025 (Commencement No. 5) Regulations 2026 Made - - - - 8th July 2026 The Secretary of State makes these Regulations in exercise of the power conferred by section 65(1) of the Border Security, Asylum and Immigration Act 2025(1).

Citation

1. These Regulations may be cited as the Border Security, Asylum and Immigration Act 2025 (Commencement No. 5) Regulations 2026.

Commencement

2. Sections 49 (timeframe for determination of appeal brought by appellant receiving accommodation support) and 50 (timeframe for determination of certain appeals brought by non- detained appellants liable to deportation) of the Border Security, Asylum and Immigration Act 2025 come into force on 12th August 2026.

Alex Norris Minister of State 8th July 2026 Home Office

(1) 2025 c. 31.Document Generated: 2026-07-08

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations bring into force specified provisions of the Border Security, Asylum and Immigration Act 2025 (c. 31) (“the Act”) on 12th August 2026. They are the fifth commencement regulations made under the Act.

Sections 49 and 50 of the Act introduce timeframes for the determination of certain appeals made under section 82 (right of appeal to the Tribunal) of the Nationality, Immigration and Asylum Act 2002 (c. 41). Section 49 of the Act applies where an appellant is in receipt of accommodation under sections 95 (persons for whom support may be provided) or 98 (temporary support) of the Immigration and Asylum Act 1999 (c. 33). Section 50 of the Act applies where an appellant is not in detention but has been convicted of an offence and is liable for deportation under section 3(5)(a) of the Immigration Act 1971 (c. 77). In either case, the Tribunal must determine their appeal within 24 weeks except where the Tribunal considers that it is not reasonably practicable to do so. This timeframe does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside of the United Kingdom.

A full impact assessment has not been produced for this instrument. An impact assessment published in relation to the Border Security, Asylum and Immigration Act 2025 can

be found at https://www.gov.uk/government/publications/border-security-asylum-and-immigration- act-2025-enactment-impact-assessment or a copy can be obtained from the Home Office, 2 Marsham Street, London SW1P 4DF.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS (This note is not part of the Regulations) The following provisions of the Border Security, Asylum and Immigration Act 2025 (c. 31) have been brought into force by commencement regulations made before the date of these Regulations.

On the date these Regulations are made, the commencement date of the provision marked * has not been reached.

Provision Date of Commencement S.I. No.

Sections 1 to 12 5th January 2026 2025/1318 Sections 13 to 16 (remainder) 5th January 2026 2025/1318 Sections 17 to 19 2nd February 2026 2026/59

Section 20 (partially) 5th January 2026 2025/1318

Section 20 (remainder) 2nd February 2026 2026/59

Section 21 5th January 2026 2025/1318 Sections 22 to 29 (remainder) 5th January 2026 2025/1318 Sections 30 to 36 (remainder) 2nd February 2026 2026/59

Section 43 (partially) 2nd February 2026 2026/59

Section 44 5th March 2026 2026/163 2Document Generated: 2026-07-08

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Provision Date of Commencement S.I. No.

Section 46 5th January 2026 2025/1318

Section 48* 1st October 2026 2026/683

Section 51 2nd February 2026 2026/59

Section 57 (partially) 2nd February 2026 2026/59 Schedule 1 paragraph 1 2nd February 2026 2026/59

(partially) Schedule 1 paragraph 2 2nd February 2026 2026/59

(remainder) Schedule 1 paragraph 3 2nd February 2026 2026/59

(remainder) Schedule 1 paragraph 12 2nd February 2026 2026/59

(remainder) Schedule 1 paragraph 13 2nd February 2026 2026/59

(remainder) 3