Office of Public Sector Information
(1) This section applies where an employer to whom a penalty notice is given objects on the ground that—
(a) he is not liable to the imposition of a penalty,
(b) he is excused payment by virtue of section 15(3), or
(c) the amount of the penalty is too high.
(2) The employer may give a notice of objection to the Secretary of State.
(3) A notice of objection must—
(a) be in writing,
(b) give the objector’s reasons,
(c) be given in the prescribed manner, and
(d) be given before the end of the prescribed period.
(4) Where the Secretary of State receives a notice of objection to a penalty he shall consider it and—
(a) cancel the penalty,
(b) reduce the penalty,
(c) increase the penalty, or
(d) determine to take no action.
(5) Where the Secretary of State considers a notice of objection he shall—
(a) have regard to the code of practice under section 19 (in so far as the objection relates to the amount of the penalty),
(b) inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector,
(c) if he increases the penalty, issue a new penalty notice under section 15, and
(d) if he reduces the penalty, notify the objector of the reduced amount.
(1) An employer to whom a penalty notice is given may appeal to the court on the ground that—
(a) he is not liable to the imposition of a penalty,
(b) he is excused payment by virtue of section 15(3), or
(c) the amount of the penalty is too high.
(2) The court may—
(a) allow the appeal and cancel the penalty,
(b) allow the appeal and reduce the penalty, or
(c) dismiss the appeal.
(3) An appeal shall be a re-hearing of the Secretary of State’s decision to impose a penalty and shall be determined having regard to—
(a) the code of practice under section 19 that has effect at the time of the appeal (in so far as the appeal relates to the amount of the penalty), and
(b) any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware);
and this subsection has effect despite any provision of rules of court.
(4) An appeal must be brought within the period of 28 days beginning with—
(a) the date specified in the penalty notice as the date upon which it is given, or
(b) if the employer gives a notice of objection and the Secretary of State reduces the penalty, the date specified in the notice of reduction as the date upon which it is given, or
(c) if the employer gives a notice of objection and the Secretary of State determines to take no action, the date specified in the notice of that determination as the date upon which it is given.
(5) An appeal may be brought by an employer whether or not—
(a) he has given a notice of objection under section 16;
(b) the penalty has been increased or reduced under that section.
(6) In this section “the court” means—
(a) where the employer has his principal place of business in England and Wales, a county court,
(b) where the employer has his principal place of business in Scotland, the sheriff, and
(c) where the employer has his principal place of business in Northern Ireland, a county court.
(1) A sum payable to the Secretary of State as a penalty under section 15 may be recovered by the Secretary of State as a debt due to him.
(2) In proceedings for the enforcement of a penalty no question may be raised as to—
(a) liability to the imposition of the penalty,
(b) the application of the excuse in section 15(3), or
(c) the amount of the penalty.
(3) Money paid to the Secretary of State by way of penalty shall be paid into the Consolidated Fund.
(1) The Secretary of State shall issue a code of practice specifying factors to be considered by him in determining the amount of a penalty imposed under section 15.
(2) The code—
(a) shall not be issued unless a draft has been laid before Parliament, and
(b) shall come into force in accordance with provision made by order of the Secretary of State.
(3) The Secretary of State shall from time to time review the code and may revise and re-issue it following a review; and a reference in this section to the code includes a reference to the code as revised.
(1) An order of the Secretary of State under section 15, 16 or 19—
(a) may make provision which applies generally or only in specified circumstances,
(b) may make different provision for different circumstances,
(c) may include transitional or incidental provision, and
(d) shall be made by statutory instrument.
(2) An order under section 15(2) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(3) Any other order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A person commits an offence if he employs another (“the employee”) knowing that the employee is an adult subject to immigration control and that—
(a) he has not been granted leave to enter or remain in the United Kingdom, or
(b) his leave to enter or remain in the United Kingdom—
(i) is invalid,
(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
(iii) is subject to a condition preventing him from accepting the employment.
(2) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment—
(i) to imprisonment for a term not exceeding two years,
(ii) to a fine, or
(iii) to both, or
(b) on summary conviction—
(i) to imprisonment for a term not exceeding 12 months in England and Wales or 6 months in Scotland or Northern Ireland,
(ii) to a fine not exceeding the statutory maximum, or
(iii) to both.
(3) An offence under this section shall be treated as—
(a) a relevant offence for the purpose of sections 28B and 28D of the Immigration Act 1971 (c. 77) (search, entry and arrest), and
(b) an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H (search after arrest).
(4) In relation to a conviction occurring before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates' powers to imprison) the reference to 12 months in subsection (2)(b)(i) shall be taken as a reference to 6 months.
(1) For the purposes of section 21(1) a body (whether corporate or not) shall be treated as knowing a fact about an employee if a person who has responsibility within the body for an aspect of the employment knows the fact.
(2) If an offence under section 21(1) is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, shall be treated as having committed the offence.
(3) In subsection (2) a reference to an officer of a body includes a reference to—
(a) a director, manager or secretary,
(b) a person purporting to act as a director, manager or secretary, and
(c) if the affairs of the body are managed by its members, a member.
(4) Where an offence under section 21(1) is committed by a partnership (whether or not a limited partnership) subsection (2) above shall have effect, but as if a reference to an officer of the body were a reference to—
(a) a partner, and
(b) a person purporting to act as a partner.
(1) The Secretary of State shall issue a code of practice specifying what an employer should or should not do in order to ensure that, while avoiding liability to a penalty under section 15 and while avoiding the commission of an offence under section 21, he also avoids contravening—
(a) the Race Relations Act 1976 (c. 74), or
(b) the Race Relations (Northern Ireland) Order 1997 (S.I. 869 (N.I. 6)).
(2) Before issuing the code the Secretary of State shall—
(a) consult—
(i) the Commission for Equality and Human Rights,
(ii) the Equality Commission for Northern Ireland,
(iii) such bodies representing employers as he thinks appropriate, and
(iv) such bodies representing workers as he thinks appropriate,
(b) publish a draft code (after that consultation),
(c) consider any representations made about the published draft, and
(d) lay a draft code before Parliament (after considering representations under paragraph (c) and with or without modifications to reflect the representations).
(3) The code shall come into force in accordance with provision made by order of the Secretary of State; and an order—
(a) may include transitional provision,
(b) shall be made by statutory instrument, and
(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) A breach of the code—
(a) shall not make a person liable to civil or criminal proceedings, but
(b) may be taken into account by a court or tribunal.
(5) The Secretary of State shall from time to time review the code and may revise and re-issue it following a review; and a reference in this section to the code includes a reference to the code as revised.
(6) Until the dissolution of the Commission for Racial Equality, the reference in subsection (2)(a)(i) to the Commission for Equality and Human Rights shall be treated as a reference to the Commission for Racial Equality.
Where a person is at large in the United Kingdom by virtue of paragraph 21(1) of Schedule 2 to the Immigration Act 1971 (c. 77) (temporary admission or release from detention)—
(a) he shall be treated for the purposes of sections 15(1) and 21(1) as if he had been granted leave to enter the United Kingdom, and
(b) any restriction as to employment imposed under paragraph 21(2) shall be treated for those purposes as a condition of leave.
In sections 15 to 24—
(a) “adult” means a person who has attained the age of 16,
(b) a reference to employment is to employment under a contract of service or apprenticeship, whether express or implied and whether oral or written,
(c) a person is subject to immigration control if under the Immigration Act 1971 he requires leave to enter or remain in the United Kingdom, and
(d) “prescribed” means prescribed by order of the Secretary of State.
Sections 8 and 8A of the Asylum and Immigration Act 1996 (c. 49) (restrictions on employment) shall cease to have effect.
(1) For paragraph 4(4) of Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry: documents) substitute—
“(4) Where a passport or other document is produced or found in accordance with this paragraph an immigration officer may examine it and detain it—
(a) for the purpose of examining it, for a period not exceeding 7 days;
(b) for any purpose, until the person to whom the document relates is given leave to enter the United Kingdom or is about to depart or be removed following refusal of leave or until it is decided that the person does not require leave to enter;
(c) after a time described in paragraph (b), while the immigration officer thinks that the document may be required in connection with proceedings in respect of an appeal under the Immigration Acts or in respect of an offence.
(5) For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examination may require the person being examined to provide information (whether or not by submitting to a process by means of which information is obtained or recorded) about his external physical characteristics (which may include, in particular, fingerprints or features of the iris or any other part of the eye).”
(2) Paragraph 4(2A) of that Schedule shall cease to have effect.
(1) Section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) shall be amended as follows.
(2) In subsection (7)(d) for “arrested under paragraph 17 of Schedule 2 to the 1971 Act;” substitute “detained under paragraph 16 of Schedule 2 to the 1971 Act or arrested under paragraph 17 of that Schedule;”.
(3) In subsection (8)(d) for “arrest;” substitute “detention or arrest;”.
(4) At the end add—
“(17) Section 157(1) applies to this section (in so far as it relates to removal centres by virtue of subsection (5)(e)) as it applies to Part VIII.”
For section 142(2) of the Immigration and Asylum Act 1999 (c. 33) (attendance for fingerprinting: timing) substitute—
“(2) In the case of a notice given to a person of a kind specified in section 141(7)(a) to (d) or (f) (in so far as it applies to a dependant of a person of a kind specified in section 141(7)(a) to (d)), the notice—
(a) must require him to attend during a specified period of at least seven days beginning with a day not less than seven days after the date given in the notice as its date of issue, and
(b) may require him to attend at a specified time of day or during specified hours.
(2A) In the case of a notice given to a person of a kind specified in section 141(7)(e) or (f) (in so far as it applies to a dependant of a person of a kind specified in section 141(7)(e)), the notice—
(a) may require him to attend during a specified period beginning with a day not less than three days after the date given in the notice as its date of issue,
(b) may require him to attend on a specified day not less than three days after the date given in the notice as its date of issue, and
(c) may require him to attend at a specified time of day or during specified hours.”
For section 3(9) of the Immigration Act 1971 (c. 77) (proof of right of abode) substitute—
“(9) A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove it by means of—
(a) a United Kingdom passport describing him as a British citizen,
(b) a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,
(c) an ID card issued under the Identity Cards Act 2006 describing him as a British citizen,
(d) an ID card issued under that Act describing him as a British subject with the right of abode in the United Kingdom, or
(e) a certificate of entitlement.”
(1) Schedule 2 to the Immigration Act 1971 (controls on entry: administration) shall be amended as follows.
(2) In paragraph 27 (provision of passenger lists, &c.) for sub-paragraph (2) substitute—
“(2) The Secretary of State may by order require, or enable an immigration officer to require, a responsible person in respect of a ship or aircraft to supply—
(a) a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the ship or aircraft;
(b) particulars of members of the crew of the ship or aircraft.
(3) An order under sub-paragraph (2) may relate—
(a) to all ships or aircraft arriving or expected to arrive in the United Kingdom;
(b) to all ships or aircraft leaving or expected to leave the United Kingdom;
(c) to ships or aircraft arriving or expected to arrive in the United Kingdom from or by way of a specified country;
(d) to ships or aircraft leaving or expected to leave the United Kingdom to travel to or by way of a specified country;
(e) to specified ships or specified aircraft.
(4) For the purposes of sub-paragraph (2) the following are responsible persons in respect of a ship or aircraft—
(a) the owner or agent, and
(b) the captain.
(5) An order under sub-paragraph (2)—
(a) may specify the time at which or period during which information is to be provided,
(b) may specify the form and manner in which information is to be provided,
(c) shall be made by statutory instrument, and
(d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(3) In paragraph 27B (passenger information)—
(a) in each place after “passenger information” insert “or service information”, and
(b) after sub-paragraph (9) insert—
“(9A) “Service information” means such information relating to the voyage or flight undertaken by the ship or aircraft as may be specified.”
(4) In section 27 of the Immigration Act 1971 (c. 77) (offences)—
(a) in paragraph (b)(iv) for “the requirements of paragraph 27B or 27C of Schedule 2” substitute “a requirement imposed by or under Schedule 2”, and
(b) in paragraph (c) omit “as owner or agent of a ship or aircraft or”.
(1) This section applies to ships and aircraft which are—
(a) arriving, or expected to arrive, in the United Kingdom, or
(b) leaving, or expected to leave, the United Kingdom.
(2) The owner or agent of a ship or aircraft shall comply with any requirement imposed by a constable of the rank of superintendent or above to provide passenger or service information.
(3) A passenger or member of crew shall provide to the owner or agent of a ship or aircraft any information that he requires for the purpose of complying with a requirement imposed by virtue of subsection (2).
(4) A constable may impose a requirement under subsection (2) only if he thinks it necessary—
(a) in the case of a constable in England, Wales or Northern Ireland, for police purposes, or
(b) in the case of a constable in Scotland, for police purposes which are or relate to reserved matters.
(5) In this section—
(a) “passenger or service information” means information which is of a kind specified by order of the Secretary of State and which relates to—
(i) passengers,
(ii) members of crew, or
(iii) a voyage or flight,
(b) “police purposes” has the meaning given by section 21(3) of the Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of State), and
(c) “reserved matters” has the same meaning as in the Scotland Act 1998 (c. 46).
(6) A requirement imposed under subsection (2)—
(a) must be in writing,
(b) may apply generally or only to one or more specified ships or aircraft,
(c) must specify a period, not exceeding six months and beginning with the date on which it is imposed, during which it has effect,
(d) must state—
(i) the information required, and
(ii) the date or time by which it is to be provided.
(7) The Secretary of State may make an order specifying a kind of information under subsection (5)(a) only if satisfied that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).
(8) An order under subsection (5)(a)—
(a) may apply generally or only to specified cases or circumstances,
(b) may make different provision for different cases or circumstances,
(c) may specify the form and manner in which information is to be provided,
(d) shall be made by statutory instrument, and
(e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies to ships, aircraft and vehicles which are—
(a) arriving, or expected to arrive, in the United Kingdom, or
(b) leaving, or expected to leave, the United Kingdom.
(2) If a constable of the rank of superintendent or above requires a person specified in subsection (3) to provide freight information he shall comply with the requirement.
(3) The persons referred to in subsection (2) are—
(a) in the case of a ship or aircraft, the owner or agent,
(b) in the case of a vehicle, the owner or hirer, and
(c) in any case, persons responsible for the import or export of the freight into or from the United Kingdom.
(4) A constable may impose a requirement under subsection (2) only if he thinks it necessary—
(a) in the case of a constable in England, Wales or Northern Ireland, for police purposes, or
(b) in the case of a constable in Scotland, for police purposes which are or relate to reserved matters.
(5) In this section—
(a) “freight information” means information which is of a kind specified by order of the Secretary of State and which relates to freight carried,
(b) “police purposes” has the meaning given by section 21(3) of the Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of State), and
(c) “reserved matters” has the same meaning as in the Scotland Act 1998 (c. 46).
(6) A requirement imposed under subsection (2)—
(a) must be in writing,
(b) may apply generally or only to one or more specified ships, aircraft or vehicles,
(c) must specify a period, not exceeding six months and beginning with the date on which it is imposed, during which it has effect, and
(d) must state—
(i) the information required, and
(ii) the date or time by which it is to be provided.
(7) The Secretary of State may make an order specifying a kind of information under subsection (5)(a) only if satisfied that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).
(8) An order under subsection (5)(a)—
(a) may apply generally or only to specified cases or circumstances,
(b) may make different provision for different cases or circumstances,
(c) may specify the form and manner in which the information is to be provided,
(d) shall be made by statutory instrument, and
(e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed under section 32(2) or (3) or 33(2).
(2) But—
(a) a person who fails without reasonable excuse to comply with a requirement imposed under section 32(2) or 33(2) by a constable in England and Wales or Northern Ireland otherwise than in relation to a reserved matter (within the meaning of the Scotland Act 1998 (c. 46)) shall not be treated as having committed the offence in Scotland (but has committed the offence in England and Wales or Northern Ireland), and
(b) a person who fails without reasonable excuse to comply with a requirement which is imposed under section 32(3) for the purpose of complying with a requirement to which paragraph (a) applies—
(i) shall not be treated as having committed the offence in Scotland, but
(ii) shall be treated as having committed the offence in England and Wales or Northern Ireland.
(3) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to—
(a) imprisonment for a term not exceeding 51 weeks in England and Wales or 6 months in Scotland or Northern Ireland,
(b) a fine not exceeding level 4 on the standard scale, or
(c) both.
(4) In relation to a conviction occurring before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference to 51 weeks in subsection (2)(a) shall be taken as a reference to three months.
Immigration, Asylum and Nationality Act 2006