The Home Office has made the Border Security, Asylum and Immigration Act 2025 (Commencement No. 1) Regulations 2025 (S.I. 2025/1318), signed on 15 December 2025 by the Minister of State, Alex Norris. The instrument brings specified provisions of the 2025 Act (c.31) into force on 5 January 2026 and is the first commencement regulation under the Act.
Sections 1 to 12 establish the Border Security Commander as a statutory office. The Secretary of State must designate a civil servant to act as Commander, who exercises functions on the Secretary of State’s behalf, consults partner authorities on strategic priorities, and issues a strategic priorities document from time to time. The Commander must prepare an annual report for laying before Parliament; partner authorities are under a duty to co‑operate; a board of the Commander and partner representatives will assist delivery; functions may be delegated; an interim Commander may be appointed; the Secretary of State may issue directions and guidance; and the armed forces are excluded from these provisions.
Sections 13 to 16, to the extent not already in force, create offences linked to unlawful entry and assisting unlawful immigration under the Immigration Act 1971. It becomes an offence to supply, offer to supply, or be concerned in supplying a relevant article where a person knows or suspects it is to be used in connection with an offence under sections 24 or 25 of the 1971 Act. Handling, or being concerned in handling, a relevant article in those circumstances is also criminalised. “Relevant article” is broadly defined in section 15, excluding only the items listed in section 15(1).
Section 16 adds an offence of collecting, possessing or viewing information for use in a journey transporting one or more individuals to the UK where the entry or arrival of any of those individuals would itself be an offence under section 24 of the 1971 Act. Section 20 provides extra‑territorial application for certain offences, and section 21 creates an offence where an act causes, or risks, death or serious injury during a journey by water from France, Belgium or the Netherlands to the UK that results in the commission of an existing offence under section 24(A1), (B1), (D1) or (E1) of the 1971 Act.
Sections 22 to 29, to the extent not already in force, establish search, seizure and data‑access powers for electronic devices. An authorised officer-defined to include immigration officers, National Crime Agency officers and certain constables-may search a relevant person, meaning an individual who has entered the UK unlawfully, where there are reasonable grounds to suspect possession of a relevant article. Devices found on a search, or appearing to have been in that person’s possession, may be seized and retained.
Information stored on retained devices may be accessed and examined; material that relates, or may relate, to offences under sections 25 or 25A of the 1971 Act may be copied and retained; and retained information may be used for the prevention, detection, investigation or prosecution of such offences. Devices can be passed to other bodies where there is reasonable belief they contain evidence of other offences. Protections for legally privileged, excluded and special material apply via amendments to the Criminal Justice and Police Act 2001, and the Secretary of State may by regulations, subject to the negative procedure, make these powers available to other persons.
Section 46 expands the conditions that may attach to limited leave to enter or remain and to immigration bail. The list now includes electronic monitoring, curfews, inclusion zones, exclusion zones and any other condition the Secretary of State thinks fit, but only where the person poses a threat to national security or public safety or has committed a specified crime.
The commencement timetable is staged. Certain provisions took effect automatically on Royal Assent under section 65(3); the provisions listed in this instrument commence on 5 January 2026; and remaining provisions will commence automatically on 2 February 2026 under section 65(4). This timetable provides a short implementation window to finalise governance and operational guidance.
For operational leaders, immediate tasks include designating the Commander, consulting on and publishing strategic priorities, and establishing the statutory board. Front‑line teams will require procedures for device search, seizure, retention and examination, with safeguards for privileged material and clear evidential chains consistent with the amended 2001 Act.
Practitioners should note the breadth of the “relevant article” concept, the new information‑gathering offence, the extra‑territorial reach, and the maritime offence tied to cross‑Channel journeys. Individuals assessed as national security or public safety risks may encounter tighter leave and bail conditions, including electronic monitoring and curfews from 5 January 2026.