Commentary on provisions of the Act Section 60: Cap on number of entrants using safe and legal routes
This section places a duty on the Secretary of State to make regulations (subject to the draft affirmative procedure) specifying an annual number of persons to be admitted to the UK through safe and legal routes. The annual number would only cover those admitted to the UK via a safe and legal route as set out in the regulations. It will not include those on work, family or study routes. Before determining the annual number, the Secretary of State is required to consult representatives of local authorities in Great Britain, the Executive Office in Northern Ireland and other persons or bodies the Secretary of State considers appropriate (subsection (2)). Such engagement will enable the annual number to be determined having regard to the capacity of local authorities to accommodate and provide integration services for the persons to be accommodated and supported each year. However, in cases of humanitarian emergency the duty to consult does not apply (subsection (3)). The annual number will remain in place until revised by subsequent regulations; as such the annual number may apply for a period of years. Subsection (4) requires the consultation with local authorities and other relevant persons or bodies to commence within three months from Royal Assent (that is, by 20 October 2023).
	What constitutes safe and legal routes is to be defined in regulations, again subject to the draft affirmative procedure (subsection (6)), reflecting the fact that the existing resettlement schemes are not provided for in legalisation. There are currently existing resettlement routes in the UK, including the Afghan Citizens Resettlement Scheme, the UK Resettlement Scheme, the Mandate Resettlement Scheme and the Community Sponsorship Scheme. The examples given for current safe and legal routes do not mean that these specific routes will be part of the cap, defining the routes and cap figure depends on a number of factors including local authority capacity and the safe and legal routes offered at the time of the regulations.
	Subsections (4) and (5) require the Secretary of State to lay a statement before Parliament should the number of persons admitted through safe and legal routes in any year exceed the specified number. Such a statement must set out the number of persons admitted and the reason why the specified number was exceeded. A statement must be laid before Parliament within six months of the end of the year to which it relates.