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Section 40: Meaning of “serious and irreversible harm”

Illegal Migration Act 2023 · 2023 c. 37View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

REPEALED on 2025-12-02 by Border Security, Asylum and Immigration Act 2025.

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

The Secretary of State may by regulations amend section 39 to make provision about the meaning of “serious and irreversible harm” for the purposes of this Act.

Regulations under subsection (1) may in particular—

define any aspect of serious and irreversible harm;
give examples of what is or is not to be treated as serious and irreversible harm.

Regulations under subsection (1) may not amend subsection (4) of section 39 to remove any example of serious and irreversible harm which is listed in that subsection when this Act is passed.

Regulations under subsection (1) may make consequential amendments to this Act.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.