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Immigration Act 2016

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Changes to legislation:

Immigration Act 2016 is up to date with all changes known to be in force on or before 19 March 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • s. 61(3)-(5) repealed by 2016 c. 19 s. 61(6) (This amendment comes into force on the coming into force of the repeal of the Immigration Act 1971 (c. 77), Sch. 2 paras. 22, 29 of by 2016 c. 19, Sch. 10 para. 20)
  • Sch. 10 para. 8 coming into force by S.I. 2017/1241 reg. 2(c)
  • specified provision(s) amendment to earlier commencing S.I. 2017/1241, Sch. by S.I. 2018/31 reg. 2

SCHEDULES

Section 6

SCHEDULE 1E+W+S+N.I.Persons to whom Director etc may disclose information

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Commencement Information

I1Sch. 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(s)

Authorities with functions in connection with the labour market or the work place etcE+W+S+N.I.

  • The Secretary of State.

  • HMRC Commissioners.

  • A person by whom, or by whose officers, labour market enforcement functions are exercisable.

  • The Health and Safety Executive.

  • An enforcing authority within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974 (see section 18(7) of that Act).

  • An inspector appointed by such an enforcing authority (see section 19 of that Act).

  • An enforcement authority within the meaning of regulation 28 of the Working Time Regulations 1998 (S.I. 1998/1833).

  • An inspector appointed by such an enforcement authority (see Schedule 3 to those Regulations).

  • The Low Pay Commission.

  • The Pensions Regulator.

Law enforcement and border securityE+W+S+N.I.

  • A chief officer of police for a police area in England and Wales.

  • A local policing body within the meaning given by section 101(1) of the Police Act 1996.

  • The chief constable of the British Transport Police Force.

  • The chief constable of the Police Service of Scotland.

  • The Chief Constable of the Police Service of Northern Ireland.

  • A person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

Local governmentE+W+S+N.I.

  • A county or district council in England.

  • A London borough council.

  • The Greater London Authority.

  • The Common Council of the City of London.

  • The Council of the Isles of Scilly.

  • A county or county borough council in Wales.

  • A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

  • A district council in Northern Ireland.

Health bodiesE+W+S+N.I.

  • The Care Quality Commission.

  • A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.

  • An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

  • A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

OtherE+W+S+N.I.

  • The Independent Anti-slavery Commissioner.

  • A Northern Ireland department.

Section 11

SCHEDULE 2E+W+S+N.I.Functions in relation to labour market

Employment Agencies Act 1973 (c. 35)E+W+S+N.I.

1The Employment Agencies Act 1973 is amended as follows.

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Commencement Information

I2Sch. 2 para. 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

2Before section 9 insert—

8AAppointment of officers

(1)The Secretary of State may—

(a)appoint officers to act for the purposes of this Act, and

(b)instead of or in addition to appointing any officers under this section, arrange with any relevant authority for officers of that authority to act for those purposes.

(2)The following are relevant authorities—

(a)any Minister of the Crown or government department;

(b)any body performing functions on behalf of the Crown;

(c)the Gangmasters and Labour Abuse Authority.

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Commencement Information

I3Sch. 2 para. 2 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

3(1)Section 9 (inspection) is amended as follows.E+W+S+N.I.

(2)Before subsection (1) insert—

(A1)This section does not apply to an officer acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

(3)In subsection (1), for “duly authorised in that behalf by the Secretary of State” substitute “ acting for the purposes of this Act ”.

(4)In subsection (4)(a), in each of sub-paragraphs (ii) and (iii), for “or servant appointed by, or person exercising functions on behalf of, the Secretary of State” substitute “ acting for the purposes of this Act, ”.

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Commencement Information

I4Sch. 2 para. 3 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

National Minimum Wage Act 1998 (c. 39)E+W+S+N.I.

4The National Minimum Wage Act 1998 is amended as follows.

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Commencement Information

I5Sch. 2 para. 4 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

5In section 13 (appointment of officers for enforcement)—

(a)in subsection (1)(b), for the words from “Minister of the Crown” to “body shall” substitute “ relevant authority for officers of that authority to ”;

(b)after subsection (1) insert—

(1A)The following are relevant authorities—

(a)any Minister of the Crown or government department;

(b)any body performing functions on behalf of the Crown;

(c)the Gangmasters and Labour Abuse Authority.

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Commencement Information

I6Sch. 2 para. 5 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

6In section 14 (powers of officers) before subsection (1) insert—

(A1)This section does not apply to an officer acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

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Commencement Information

I7Sch. 2 para. 6 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

7In section 15 (information obtained by officers)—

(a)in subsection (3)(b), after “any” insert “ eligible ”;

(b)in subsection (4)(a), after “to any” insert “ eligible ”;

(c)in subsection (8), for the words from “ “relevant” to “body which,” substitute “ “eligible relevant authority” means any relevant authority within the meaning given by section 13(1A) which”.

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Commencement Information

I8Sch. 2 para. 7 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

Modern Slavery Act 2015 (c.30)E+W+S+N.I.

8The Modern Slavery Act 2015 is amended as follows.

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Commencement Information

I9Sch. 2 para. 8 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

9Before section 12 (but after the italic heading before it) insert—

11AEnforcement by Gangmasters and Labour Abuse Authority

(1)The Secretary of State may make arrangements with the Gangmasters and Labour Abuse Authority for officers of the Authority to act for the purposes of this Part in taking action in circumstances in which it appears that an offence under this Part which is a labour market offence (within the meaning of section 3 of the Immigration Act 2016) has been, is being or may be committed.

(2)For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

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Commencement Information

I10Sch. 2 para. 9 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

10(1)Section 15 (slavery and trafficking prevention orders on application) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit the “or” after paragraph (b);

(b)after paragraph (c) insert , or

(d)the Gangmasters and Labour Abuse Authority.

(3)In subsection (7)—

(a)for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

(4)In subsection (8)(b)—

(a)for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

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Commencement Information

I11Sch. 2 para. 10 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

11In section 19(7) (requirement to provide name and address)—

(a)for “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the officer” substitute “ , the officer or the Authority ”.

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Commencement Information

I12Sch. 2 para. 11 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

12(1)Section 20 (variation, renewal and discharge) is amended as follows.E+W+S+N.I.

(2)In subsection (2), after paragraph (f) insert—

(g)where the order was made on an application under section 15 by the Gangmasters and Labour Abuse Authority, the Authority.

(3)In subsection (9)—

(a)for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the Director General”, in the second and third places it occurs, substitute “ , the Director General or the Authority ”.

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Commencement Information

I13Sch. 2 para. 12 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

13(1)Section 23 (slavery and trafficking risk orders) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit the “or” after paragraph (b);

(b)after paragraph (c) insert , or

(d)the Gangmasters and Labour Abuse Authority.

(3)In subsection (6)—

(a)for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

(4)In subsection (7)(b)—

(a)for “or the Director General” substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or Director General” substitute “ , the Director General or the Authority ”.

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Commencement Information

I14Sch. 2 para. 13 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

14In section 26(7) (requirement to provide name and address)—

(a)for “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the officer” substitute “ , the officer or the Authority ”.

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Commencement Information

I15Sch. 2 para. 14 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

15(1)Section 27 (variation, renewal and discharge) is amended as follows.E+W+S+N.I.

(2)In subsection (2), after paragraph (f) insert—

(g)where the order was made on an application by the Gangmasters and Labour Abuse Authority, the Authority.

(3)In subsection (7)—

(a)for “or the Director General” in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the Director General” in the second and third places it occurs, substitute “ , the Director General or the Authority ”.

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Commencement Information

I16Sch. 2 para. 15 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

16After section 30 (offences) insert—

30AEnforcement by Gangmasters and Labour Abuse Authority

(1)The Secretary of State may make arrangements with the Gangmasters and Labour Abuse Authority for officers of the Authority to act for the purposes of this Part in taking action in circumstances in which it appears that an offence under this Part which is a labour market offence (within the meaning of section 3 of the Immigration Act 2016) has been, is being or may be committed.

(2)For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

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Commencement Information

I17Sch. 2 para. 16 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

17In section 33 (guidance), in subsection (1) for “and the Director General of the National Crime Agency” substitute “ , the Director General of the National Crime Agency and the Gangmasters and Labour Abuse Authority ”.

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Commencement Information

I18Sch. 2 para. 17 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

Section 31

SCHEDULE 3E+W+S+N.I.Consequential and related amendments

Public Records Act 1958 (c. 51)E+W+S+N.I.

1In the Public Records Act 1958, in Schedule 1 (definition of public records), in Part 2 of the Table at the end of paragraph 3 (other establishments and organisations), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

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Commencement Information

I19Sch. 3 para. 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Parliamentary Commissioner Act 1967 (c. 13)E+W+S+N.I.

2In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments etc subject to investigation)—

(a)at the appropriate place insert “ Director of Labour Market Enforcement ”;

(b)for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

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Commencement Information

I20Sch. 3 para. 2 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Superannuation Act 1972 (c. 11)E+W+S+N.I.

3In the Superannuation Act 1972, in Schedule 1 (kinds of employment to which that Act applies)—

(a)under the heading “Other bodies”, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b)under the heading “Offices”, at the appropriate place insert “ Director of Labour Market Enforcement ”.

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Commencement Information

I21Sch. 3 para. 3 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Employment Agencies Act 1973 (c. 35)E+W+S+N.I.

4(1)Section 9 of the Employment Agencies Act 1973 (inspection) is amended as follows.E+W+S+N.I.

(2)In subsection (4)—

(a)in paragraph (a), for the words before sub-paragraph (i) substitute “ No information to which this subsection applies shall be disclosed except— ”;

(b)at the end of paragraph (a) insert ; or

(vii)to an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); or

(viii)to an officer acting for the purposes of Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 for any purpose relating to that Part; or

(ix)to the Pensions Regulator for the purposes of the exercise of any function of the Regulator; or

(x)to the Care Quality Commission for the purposes of the exercise of any function of the Commission.

(3)After subsection (4) insert—

(5)Subsection (4) applies to—

(a)information obtained in the course of exercising the powers conferred by this section,

(b)information obtained pursuant to section 15(5A) of the National Minimum Wage Act 1998, and

(c)information obtained in the course of exercising powers by virtue of section 26(1) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).

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Commencement Information

I22Sch. 3 para. 4 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.

5In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a)in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b)in Part 3 (other disqualifying offices), at the appropriate place insert “ Director of Labour Market Enforcement ”.

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Commencement Information

I23Sch. 3 para. 5 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+S+N.I.

6In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a)in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b)in Part 3 (other disqualifying offices), at the appropriate place insert “ Director of Labour Market Enforcement ”.

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Commencement Information

I24Sch. 3 para. 6 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

National Minimum Wage Act 1998 (c. 39)E+W+S+N.I.

7(1)Section 15 of the National Minimum Wage Act 1998 (information obtained by officers) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after “to” insert

(a)”;

(b)at the end insert , and

(b)any information obtained by an officer acting by virtue of section 26(2) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).

(3)After subsection (5B) insert—

(5C)Information to which this section applies—

(a)may be supplied by, or with the authorisation of, the Secretary of State to an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); and

(b)may be used by an officer so acting for any purpose for which the officer is so acting.

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Commencement Information

I25Sch. 3 para. 7 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Regulation of Investigatory Powers Act 2000 (c. 23)E+W+S+N.I.

8In the Regulation of Investigatory Powers Act 2000, in Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for purposes of sections 28 and 29 of that Act) in paragraph 20E for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

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Commencement Information

I26Sch. 3 para. 8 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Freedom of Information Act 2000 (c. 36)E+W+S+N.I.

9In the Freedom of Information Act 2000, in Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general)—

(a)at the appropriate place insert “ Director of Labour Market Enforcement ”;

(b)for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

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Commencement Information

I27Sch. 3 para. 9 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Police Reform Act 2002 (c. 30)E+W+S+N.I.

10The Police Reform Act 2002 is amended as follows.

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Commencement Information

I28Sch. 3 para. 10 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

11In section 10 (general functions of the Independent Police Complaints Commission)—

(a)in subsection (1), after paragraph (g) insert—

(ga)to carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).;

(b)in subsection (3), after paragraph (bc) insert—

(bd)any regulations under section 26D of this Act (labour abuse prevention officers);.

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Commencement Information

I29Sch. 3 para. 11 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

12After section 26C insert—

26DLabour abuse prevention officers

(1)The Secretary of State may make regulations conferring functions on the Commission in relation to the exercise of functions by officers of the Gangmasters and Labour Abuse Authority (the “Authority”) in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).

(2)Regulations under this section may, in particular—

(a)apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

(b)make provision for payment by the Authority to, or in respect of, the Commission.

(3)The Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a)the Commission has functions by virtue of this section, and

(b)the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(4)An officer of the Authority may disclose information to the Commission, or to a person acting on the Commission's behalf, for the purposes of the exercise by the Commission, or by any person acting on the Commission's behalf, of an Authority complaints function.

(5)The Commission and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a)by virtue of this section, or

(b)under the Parliamentary Commissioner Act 1967.

(6)Regulations under this section may, in particular, make—

(a)further provision about the disclosure of information under subsection (4) or (5);

(b)provision about the further disclosure of information that has been so disclosed.

(7)In this section “Authority complaints function” means a function in relation to the exercise of functions by officers of the Authority.

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Commencement Information

I30Sch. 3 para. 12 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Gangmasters (Licensing) Act 2004 (c. 11)E+W+S+N.I.

13The Gangmasters (Licensing) Act 2004 is amended as follows.

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Commencement Information

I31Sch. 3 para. 13 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

14In the italic heading before section 1, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

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Commencement Information

I32Sch. 3 para. 14 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

15In section 1 (Gangmasters Licensing Authority)—

(a)in the heading, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b)for subsection (1) substitute—

(1)The body known as the Gangmasters Licensing Authority is to continue to exist and is to be known as the Gangmasters and Labour Abuse Authority (in this Act referred to as “the Authority”).;

(c)after subsection (3) insert—

(3A)When carrying out functions during a year to which a labour market enforcement strategy approved under section 2 of the Immigration Act 2016 relates, the Authority and its officers must carry out those functions in accordance with the strategy.

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Commencement Information

I33Sch. 3 para. 15 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

16In section 2 (directions etc by the Secretary of State), in subsection (2) after “the Authority” insert “ and the Director of Labour Market Enforcement ”.

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Commencement Information

I34Sch. 3 para. 16 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

17In section 3 (work to which Act applies)—

(a)in subsection (5)(b), for the words from “the following nature” to the end substitute “ a prescribed description as being work to which this Act applies ”;

(b)after subsection (5) insert—

(6)The Secretary of State must consult the Authority and the Director of Labour Market Enforcement before making regulations under subsection (5).

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Commencement Information

I35Sch. 3 para. 17 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

18In section 8 (general power of Authority to make rules)—

(a)in subsection (1), after “may” insert “ with the approval of the Secretary of State ”;

(b)omit subsection (3).

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Commencement Information

I36Sch. 3 para. 18 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

19In section 14 (offences: supplementary provisions) after subsection (2) insert—

(2A)Subsections (1) and (2) do not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

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Commencement Information

I37Sch. 3 para. 19 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

20In section 15 (enforcement and compliance officers) after subsection (6) insert—

(6A)Subsections (5) and (6) do not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

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Commencement Information

I38Sch. 3 para. 20 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

21In section 16 (powers of officers) before subsection (1) insert—

(A1)This section does not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

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Commencement Information

I39Sch. 3 para. 21 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

22In section 17 (entry by warrant) before subsection (1) insert—

(A1)This section does not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

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Commencement Information

I40Sch. 3 para. 22 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

23(1)Section 19 (information relating to gangmasters) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for the words before paragraph (a) substitute “ Information to which this subsection applies— ”;

(b)for paragraph (a) substitute—

(a)may be supplied to any person for use for the purposes of, or for any purpose connected with, the exercise of functions under this Act,

(aa)may be supplied to any person by whom, or by whose officers, labour market enforcement functions are exercisable for the purposes of, or for any purpose connected with, the exercise of such functions, and.

(3)After subsection (1) insert—

(1A)Subsection (1) applies to—

(a)information held by any person for the purposes of, or for any purpose connected with, the exercise of functions under this Act, and

(b)information held by any officer acting by virtue of section 26(3) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).

(1B)In subsection (1) “labour market enforcement functions” has the same meaning as in Chapter 1 of Part 1 of the Immigration Act 2016 (see section 3 of that Act).

(4)In subsection (2)—

(a)omit “relating to the operations of a person acting as a gangmaster”;

(b)for “(1)(b)” substitute “ (1)(aa) or (b) ”.

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Commencement Information

I41Sch. 3 para. 23 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

24(1)Schedule 2 (application of Act to Northern Ireland) is amended as follows.E+W+S+N.I.

(2)In the italic heading before paragraph 3, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

(3)In paragraph 6—

(a)after “work in Northern Ireland,” insert

(a)”;

(b)at the end insert , and

(b)the requirement under subsection (2) of that section to consult the Director of Labour Market Enforcement is to be ignored.

(4)In paragraph 7, for paragraph (b) substitute—

(b)paragraph (b) is to be read as if for “work of a prescribed description as being work to which this Act applies” there were substituted “work of the following nature as being work to which this Act applies—

(i)the gathering (by any manner) of wild creatures, or wild plants, of a prescribed description and the processing and packaging of anything so gathered, and

(ii)the harvesting of fish from a fish farm (within the meaning of the Fisheries Act (NI) 1966 (c 17 (NI)).

(5)In paragraph 10, for sub-paragraph (2) substitute—

(2)Section 8(1) as it applies in relation to Northern Ireland licences is to be read as if the words “with the approval of the Secretary of State” were omitted.

(3)The Authority must consult the relevant Northern Ireland department before making any Northern Ireland rules about fees.

(6)After paragraph 16 insert—

Section 19: Information relating to gangmastersE+W+S+N.I.

16A(1)Section 19 as it applies in relation to Northern Ireland functions is to be read as if—

(a)paragraph (aa) of subsection (1) (and the reference to it in subsection (2)) were omitted,

(b)subsections (1A)(b) and (1B) were omitted, and

(c)in subsection (2), after “Information” there were inserted the words “ relating to the operations of a person acting as a gangmaster ”.

(2)In this paragraph “Northern Ireland functions” means functions under this Act in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland.

Section 22A: Relationship with other agencies: requests for assistanceE+W+S+N.I.

16BSection 22A does not apply in relation to the Authority's functions in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland.

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Commencement Information

I42Sch. 3 para. 24 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Pensions Act 2004 (c. 35)E+W+S+N.I.

25In the Pensions Act 2004, in Schedule 3 (certain permitted disclosures of restricted information held by the Pensions Regulator), at the end of the table insert—

Director of Labour Market Enforcement or a member of staff provided to the Director under section 1(4) of the Immigration Act 2016.Any of the Director's functions.
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Commencement Information

I43Sch. 3 para. 25 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Natural Environment and Rural Communities Act 2006 (c. 16)E+W+S+N.I.

26In the Natural Environment and Rural Communities Act 2006, in Schedule 7 (designated bodies), in paragraph 13, for “Gangmasters' Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

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Commencement Information

I44Sch. 3 para. 26 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Regulatory Enforcement and Sanctions Act 2008 (c. 13)E+W+S+N.I.

27In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 5 (designated regulators), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

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Commencement Information

I45Sch. 3 para. 27 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Modern Slavery Act 2015 (c. 30)E+W+S+N.I.

28The Modern Slavery Act 2015 is amended as follows.

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Commencement Information

I46Sch. 3 para. 28 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

29In section 52 (duty to notify Secretary of State about suspected victims of slavery or human trafficking), in subsection (5)(k), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

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Commencement Information

I47Sch. 3 para. 29 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

30At the beginning of Part 7, after the italic heading “Miscellaneous” insert—

54AGangmasters and Labour Abuse Authority: information gateways

(1)A specified person may disclose information to the Gangmasters and Labour Abuse Authority (the “Authority”) or a relevant officer if the disclosure is made for the purposes of the exercise of any function of the Authority or the officer under this Act.

(2)Information obtained by the Authority or a relevant officer in connection with the exercise of any function of the Authority or the officer under this Act may be used by the Authority or the officer in connection with the exercise of any other such function of the Authority or the officer.

(3)The Authority or a relevant officer may disclose to a specified person information obtained in connection with the exercise of any function of the Authority or the officer under this Act if the disclosure is made for the purposes of the exercise of any function of the specified person.

(4)A disclosure of information which is authorised by this section does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(5)But nothing in this section authorises the making of a disclosure which—

(a)contravenes the Data Protection Act 1998, or

(b)is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

(6)This section does not limit the circumstances in which information may be disclosed apart from this section.

(7)Specified person” means a person specified in Schedule 4A (information gateways: specified persons).

(8)The Secretary of State may by regulations amend Schedule 4A.

(9)In this section, “relevant officer” means an officer of the Authority who is acting for the purposes of Part 1 or 2 of this Act (see sections 11A and 30A).

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Commencement Information

I48Sch. 3 para. 30 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

31Omit section 55 (review of Gangmasters Licensing Authority).

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Commencement Information

I49Sch. 3 para. 31 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

32In section 58 (regulations), in subsection (4), after paragraph (j) insert—

(ja)regulations under section 54A(8) (power to amend Schedule 4A);.

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Commencement Information

I50Sch. 3 para. 32 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

33In section 60 (extent)—

(a)in subsection (1), after “section 53)” insert “ and section 54A, and Schedule 4A, in Part 7 ”;

(b)in subsection (3), after “and 7” insert “ (except for section 54A and Schedule 4A) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 3 para. 33 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

34In Schedule 3 (public authorities under duty to co-operate with the Independent Anti-slavery Commissioner), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 3 para. 34 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

35After Schedule 4 insert—

Section 54A

SCHEDULE 4AE+WInformation gateways: specified persons

Authorities with functions in connection with the labour market etcE+W
  • The Secretary of State.

  • A person by whom, or by whose officers, labour market enforcement functions (within the meaning given by section 3 of the Immigration Act 2016) are exercisable.

Law enforcement and border securityE+W
  • A chief officer of police for a police area in England and Wales.

  • The chief constable of the British Transport Police Force.

  • An immigration officer.

Local governmentE+W
  • A county council in England or Wales.

  • A county borough council in Wales.

  • A district council in England.

  • A London borough council.

  • The Greater London Authority.

  • The Common Council of the City of London.

  • The Council of the Isles of Scilly.

Health bodiesE+W
  • A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.

  • An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

  • A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

OtherE+W
  • The Independent Anti-slavery Commissioner.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 3 para. 35 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)E+W+S+N.I.

36In the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in Schedule 3 (slavery and trafficking prevention orders), in Part 3 (supplementary) in paragraph 18(7)(e), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 3 para. 36 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

Section 36

SCHEDULE 4E+W+S+N.I.Licensing Act 2003: amendments relating to illegal working

PART 1 E+W+S+N.I.Entitlement to work in the United Kingdom

1After section 192 of the Licensing Act 2003 insert—

192AEntitlement to work in the United Kingdom

(1)For the purposes of this Act an individual is entitled to work in the United Kingdom if—

(a)the individual does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b)the individual has been granted such leave and the leave—

(i)is not invalid,

(ii)has not ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), and

(iii)is not subject to a condition preventing the individual from doing work relating to the carrying on of a licensable activity within section 1(1)(a) or (d).

(2)Where an individual is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a)the individual is to be treated for the purposes of subsection (1) as if the individual had been granted leave to enter the United Kingdom, but

(b)any condition as to the individual's work in the United Kingdom to which the individual's immigration bail is subject is to be treated for those purposes as a condition of leave.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 4 para. 1 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b) (with reg. 3)

PART 2 E+W+S+N.I.Premises licences

2Part 3 of the Licensing Act 2003 (premises licences) is amended as follows.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 4 para. 2 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

3In section 13(4) (meaning of “responsible authority”), after paragraph (h) insert—

(ha)where the premises (not being a vessel) are being, or are proposed to be, used for a licensable activity within section 1(1)(a) or (d), the Secretary of State,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 4 para. 3 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

4(1)Section 16 (applicant for premises licence) is amended as follows.E+W+S+N.I.

(2)In subsection (1), at the beginning insert “ Subject to subsections (2) and (2A), ”.

(3)In subsection (2), omit “But”.

(4)After subsection (2) insert—

(2A)An individual who is resident in the United Kingdom may not apply for a premises licence authorising premises to be used for a licensable activity within section 1(1)(a) or (d) unless the individual is entitled to work in the United Kingdom.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 4 para. 4 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

5In section 27 (death, incapacity, insolvency etc of licence holder), after subsection (1) insert—

(1A)A premises licence that authorises premises to be used for a licensable activity within section 1(1)(a) or (d) also lapses if the holder of the licence ceases to be entitled to work in the United Kingdom at a time when the holder of the licence is resident in the United Kingdom (or becomes so resident without being entitled to work in the United Kingdom).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59Sch. 4 para. 5 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

6(1)Section 42 (application for transfer of premises licence) is amended as follows.E+W+S+N.I.

(2)After subsection (2) insert—

(2A)Where the applicant is an individual who is resident in the United Kingdom and the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d) he must also be entitled to work in the United Kingdom.

(3)After subsection (5) insert—

(5ZA)Where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), the relevant person must also give notice of the application to the Secretary of State.

(4)In subsection (5A), for “subsection (5)” substitute “ subsections (5) and (5ZA) ”.

(5)After subsection (7) insert—

(8)Where the Secretary of State is given notice under subsection (5ZA) and is satisfied that the exceptional circumstances of the case are such that granting the application would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must give the relevant licensing authority a notice stating the reasons for being so satisfied.

(9)The Secretary of State must give that notice within the period of 14 days beginning with the day on which the Secretary of State is notified of the application under subsection (5ZA).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60Sch. 4 para. 6 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

7(1)Section 44(5) (determination of transfer application) is amended as follows.E+W+S+N.I.

(2)In the words before paragraph (a), after “section 42(6)” insert “ or (8) ”.

(3)In paragraph (a), for “chief officer of police” substitute “ person ”.

(4)For paragraph (b) substitute—

(b)having regard to the notice—

(i)where the notice is given under section 42(6), reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii)where the notice is given under section 42(8), reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I61Sch. 4 para. 7 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

8(1)Section 45 (notification of determination under section 44) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)after “that section” insert “ or the Secretary of State gave a notice under subsection (8) of that section ”;

(b)for “(and it” substitute “ (which, in either case, ”.

(3)After subsection (2) insert—

(2A)Where the Secretary of State gave a notice under subsection (8) of section 42 (which was not withdrawn), the notice under subsection (1) of this section must also be given to the Secretary of State.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 4 para. 8 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

9(1)Section 47 (interim authority notice following death etc of licence holder) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after “or (c)” insert “ or (1A) ”;

(b)after “holder” insert “ or change of immigration status ”.

(3)In subsection (3), after “subject to” insert “ subsection (3A) and ”.

(4)After subsection (3) insert—

(3A)Where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), a person falling within subsection (2)(a) or (b) who is an individual who is resident in the United Kingdom may give an interim authority notice only if the person is entitled to work in the United Kingdom.

(5)In subsection (7), after paragraph (a) insert—

(aa)where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), at the end of the initial 28 day period unless before that time the person who gave the interim authority notice has given a copy of the notice to the Secretary of State;.

(6)In subsection (7A)—

(a)in paragraph (a), for “subsection (7)(a) does” substitute “ paragraphs (a) and (aa) of subsection (7) do ”;

(b)in paragraph (b), at the end insert “ and, where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), to the Secretary of State. ”

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I63Sch. 4 para. 9 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

10(1)Section 48 (cancellation of interim authority notice following police objections) is amended as follows.E+W+S+N.I.

(2)In the heading, omit “police”.

(3)In subsection (1), for “This section” substitute “ Subsection (2) ”.

(4)After subsection (2) insert—

(2A)Subsection (2B) applies where—

(a)an interim authority notice by a person (“the relevant person”) is given in accordance with section 47,

(b)the Secretary of State is given a copy of the interim authority notice before the end of the initial 28 day period (within the meaning of that section), and

(c)the Secretary of State is satisfied that the exceptional circumstances of the case are such that a failure to cancel the interim authority notice would be prejudicial to the prevention of illegal working in licensed premises.

(2B)The Secretary of State must before the end of the second working day following receipt of the copy of the interim authority notice give the relevant licensing authority a notice stating why the Secretary of State is so satisfied.

(5)In subsection (3)—

(a)in the words before paragraph (a), for “by the chief officer of police” substitute “ under subsection (2) or (2B) ”;

(b)in paragraph (a), for “chief officer of police” substitute “ person who gave the notice ”;

(c)for paragraph (b) substitute—

(b)having regard to the notice—

(i)where the notice is given under subsection (2), cancel the interim authority notice if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii)where the notice is given under subsection (2B), cancel the interim authority notice if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

(6)After subsection (5) insert—

(5A)Where an interim authority notice is cancelled under subsection (3)(b)(ii), the licensing authority must also give a copy of the notice under subsection (4) to the Secretary of State.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I64Sch. 4 para. 10 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

11In section 50 (reinstatement of licence on transfer following death etc of holder), in subsection (3), for “(who, in the case of an individual, is aged 18 or over)” substitute “ (and who would, where applicable, satisfy subsections (2) and (2A) of section 42) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I65Sch. 4 para. 11 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

PART 3 E+W+S+N.I.Personal licences

12Part 6 of the Licensing Act 2003 (personal licences) is amended as follows.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I66Sch. 4 para. 12 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

13(1)Section 113 (meaning of “relevant offence” and “foreign offence”) is amended as follows.E+W+S+N.I.

(2)In the heading, for “and “foreign offence”” substitute “, “immigration offence”, “foreign offence” and “immigration penalty””.

(3)After subsection (2) insert—

(2A)In this Part “immigration offence” means—

(a)an offence referred to in paragraph 7A of Schedule 4, or

(b)an offence listed in paragraph 24 or 25 of Schedule 4 that is committed in relation to an offence referred to in paragraph 7A of that Schedule.

(4)At the end insert—

(4)In this Part “immigration penalty” means a penalty under—

(a)section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or

(b)section 23 of the Immigration Act 2014 (“the 2014 Act”).

(5)For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 15(3) of that Act, or

(b)the penalty is cancelled by virtue of section 16 or 17 of that Act.

(6)For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(7)For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 24 of that Act, or

(b)the penalty is cancelled by virtue of section 29 or 30 of that Act.

(8)For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

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Commencement Information

I67Sch. 4 para. 13 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

14(1)Section 115 (period of validity of personal licence) is amended as follows.E+W+S+N.I.

(2)In subsection (2), after “subsections” insert “ (2A), ”.

(3)After subsection (2) insert—

(2A)A personal licence ceases to have effect if the holder of the licence ceases to be entitled to work in the United Kingdom.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I68Sch. 4 para. 14 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

15(1)Section 120 (determination of application for grant) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)after paragraph (a) insert—

(aa)he is entitled to work in the United Kingdom,;

(b)in paragraph (d), at the end insert “ or required to pay an immigration penalty ”.

(3)In subsection (3), for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”.

(4)In subsection (4), for “(a), (b) and (c)” substitute “ (a) to (c) ”.

(5)In subsection (5)—

(a)omit the “and” at the end of paragraph (a);

(b)at the end of paragraph (b) insert and

(c)the applicant having been required to pay any immigration penalty,.

(6)After subsection (5) insert—

(5A)If it appears to the authority that the applicant meets the conditions in paragraphs (a) to (c) of subsection (2) but fails to meet the condition in paragraph (d) of that subsection by virtue of having been—

(a)convicted of an immigration offence,

(b)convicted of a foreign offence that the authority considers to be comparable to an immigration offence, or

(c)required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

(5B)Where, having regard to—

(a)any conviction of the applicant for an immigration offence,

(b)any conviction of the applicant for a foreign offence which the Secretary of State considers to be comparable to an immigration offence, and

(c)the applicant having been required to pay any immigration penalty,

the Secretary of State is satisfied that granting the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (5A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).

(7)In subsection (6), for “is given within that period (or the notice is withdrawn)” substitute “ or immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), or any such notice given is withdrawn, ”.

(8)In subsection (7)—

(a)in the words before paragraph (a), for “In any other case,” substitute “ Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), and not withdrawn, ”;

(b)in paragraph (a)—

(i)omit “objection”;

(ii)for “chief officer of police” substitute “ person who gave the notice ”;

(c)for paragraph (b) substitute—

(b)having regard to the notice, must—

(i)where the notice is an objection notice, reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii)where the notice is an immigration objection notice, reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

(9)After subsection (7) insert—

(7A)An application that is not rejected by the authority under subsection (7)(b) must be granted by it.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I69Sch. 4 para. 15 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

16(1)Section 122 (notification of determinations) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after “objection notice” insert “ or the Secretary of State gave an immigration objection notice ”;

(b)after “(which” insert “ , in either case, ”.

(3)After subsection (2) insert—

(2A)Where the Secretary of State gave an immigration objection notice (which was not withdrawn) the notice under subsection (1)(a) or (2), as the case may be, must also be given to the Secretary of State.

(4)In subsection (3), in the definition of “objection notice”, for “has” substitute “ and “immigration objection notice” have ”.

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Commencement Information

I70Sch. 4 para. 16 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

17(1)Section 123 (duty to notify licensing authority of convictions during application period) is amended as follows.E+W+S+N.I.

(2)In the heading, after “convictions” insert “ etc ”.

(3)In subsection (1)—

(a)after “application period” insert “ , or is required to pay an immigration penalty during that period ”;

(b)after “conviction” insert “ or the requirement to pay (as the case may be) ”.

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Commencement Information

I71Sch. 4 para. 17 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

18(1)Section 124 (convictions coming to light after grant) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “(“the offender”)” substitute “ (“the licence holder”) ”;

(b)at the end insert “ or was required during that period to pay an immigration penalty ”.

(3)In subsection (3)—

(a)in paragraph (a)—

(i)for “applicant” substitute “ licence holder ”;

(ii)for “, and” substitute “ which occurred before the end of the application period, ”;

(b)in paragraph (b), after “relevant offence” insert “ and which occurred before the end of the application period ”;

(c)at the end of paragraph (b) insert and

(c)the licence holder having been required before the end of the application period to pay any immigration penalty,;

(d)in the words after paragraph (b), omit “which occurred before the end of the application period,”.

(4)After subsection (3) insert—

(3A)Where the licence holder was (during the application period)—

(a)convicted of an immigration offence,

(b)convicted of a foreign offence that the licensing authority considers to be comparable to an immigration offence, or

(c)required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

(3B)Where, having regard to—

(a)any conviction of the licence holder for an immigration offence which occurred before the end of the application period,

(b)any conviction of the licence holder for a foreign offence which the Secretary of State considers to be comparable to an immigration offence and which occurred before the end of the application period, and

(c)the licence holder having been required before the end of the application period to pay any immigration penalty,

the Secretary of State is satisfied that continuation of the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (3A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).

(5)In subsection (4)—

(a)in the words before paragraph (a), for “is given within that period” substitute “ or an immigration objection notice is given within the period of 14 days referred to in subsection (3) or (3B), as the case may be, ”;

(b)in paragraph (a)—

(i)omit “objection”;

(ii)for “holder of the licence, the chief officer of police” substitute “ licence holder, the person who gave the notice ”;

(c)in paragraph (b), for the words from “revoke” to the end of the paragraph substitute

(i)where the notice is an objection notice, revoke the licence if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii)where the notice is an immigration objection notice, revoke the licence if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

(6)After subsection (5) insert—

(5A)Where the authority revokes or decides not to revoke a licence under subsection (4)(b)(ii) it must also notify the Secretary of State of the decision and its reasons for making it.

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Commencement Information

I72Sch. 4 para. 18 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

19(1)Section 125(3) (form of personal licence) is amended as follows.E+W+S+N.I.

(2)For “of each” substitute of—

(a)each.

(3)At the end insert—

(b)each immigration penalty that the holder has been required to pay and the date of each notice by which such a penalty was imposed.

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Commencement Information

I73Sch. 4 para. 19 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

20(1)Section 132 (licence holder's duty to notify licensing authority of convictions) is amended as follows.E+W+S+N.I.

(2)In the heading, after “convictions” insert “ etc ”.

(3)After subsection (2) insert—

(2A)Subsection (2B) applies where the holder of a personal licence is required to pay an immigration penalty.

(2B)The holder must, as soon as reasonably practicable after being required to pay the penalty, give the relevant licensing authority a notice containing details of the penalty, including the date of the notice by which the penalty was imposed.

(4)In subsection (3), after “(2)” insert “ or (2B) ”.

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Commencement Information

I74Sch. 4 para. 20 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

21In Schedule 4 (personal licence: relevant offences), after paragraph 7 insert—

7AAn offence under any of the Immigration Acts.

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Commencement Information

I75Sch. 4 para. 21 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

PART 4 E+W+S+N.I.Rights of entry

22(1)Section 179 of the Licensing Act 2003 (rights of entry to investigate licensable activities) is amended as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)Where an immigration officer has reason to believe that any premises are being used for a licensable activity within section 1(1)(a) or (d), the officer may enter the premises with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of the activity.

(3)In subsection (2)—

(a)after “authorised person” insert “ or an immigration officer ”;

(b)for “the power”, in the first place it occurs, substitute “ a power ”.

(4)In subsection (3), for “the power” substitute “ a power ”.

(5)In subsection (4), after “authorised person” insert “ or an immigration officer ”.

(6)In subsection (6)—

(a)omit “and” at the end of the definition of “authorisation”;

(b)at the end of the subsection insert—

immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

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Commencement Information

I76Sch. 4 para. 22 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

PART 5 E+W+S+N.I.Appeals

23Schedule 5 to the Licensing Act 2003 (appeals) is amended as follows.

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Commencement Information

I77Sch. 4 para. 23 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

24(1)Paragraph 6 (transfer of licence) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1)—

(a)after “42(6)” insert “ or the Secretary of State gave a notice under section 42(8) ”;

(b)after “(which” insert “ , in either case, ”.

(3)In sub-paragraph (2), after “police” insert “ or the Secretary of State, as the case may be, ”.

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Commencement Information

I78Sch. 4 para. 24 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

25(1)Paragraph 7 (interim authority notice) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1)(b)—

(a)after “48(2)” insert “ or the Secretary of State gives a notice under section 48(2B) ”;

(b)after “(which” insert “ , in either case, ”.

(3)In sub-paragraph (3), for “the notice under that subsection,” substitute “ the interim authority notice under section 48(3) after the giving of a notice by a chief officer of police under section 48(2), ”.

(4)After sub-paragraph (3) insert—

(3A)Where the relevant licensing authority decides not to cancel the interim authority notice under section 48(3) after the giving of a notice by the Secretary of State under section 48(2B), the Secretary of State may appeal against that decision.

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Commencement Information

I79Sch. 4 para. 25 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

26In paragraph 9 (general provision about appeals under Part 1 of Schedule 5), in sub-paragraph (4), after “paragraph 7(3)” insert “ or (3A) ”.

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Commencement Information

I80Sch. 4 para. 26 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

27(1)Paragraph 17 (personal licences) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (2)—

(a)for “section 120(7)” substitute “ 120(7A) after the giving of a notice under section 120(5) ”;

(b)for “objection notice (within the meaning of section 120(5))” substitute “ notice ”.

(3)After sub-paragraph (2) insert—

(2A)Where a licensing authority grants an application for a personal licence under section 120(7A) after the giving of a notice under section 120(5B), the Secretary of State may appeal against that decision.

(4)After sub-paragraph (5) insert—

(5A)Where in a case to which section 124 applies—

(a)the Secretary of State gives a notice under subsection (3B) of that section (and does not later withdraw it), and

(b)the licensing authority decides not to revoke the licence,

the Secretary of State may appeal against the decision.

(5)In sub-paragraph (8), for “(2), (3) or (5)” substitute “ (2), (2A), (5) or (5A) ”.

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Commencement Information

I81Sch. 4 para. 27 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

28At the end insert—

PART 4 E+W+S+N.I.Questions about leave to enter or remain in the UK

19On an appeal under this Schedule, a magistrates' court is not entitled to entertain any question as to whether—

(a)an individual should be, or should have been, granted leave to enter or remain in the United Kingdom, or

(b)an individual has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

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Commencement Information

I82Sch. 4 para. 28 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

PART 6 E+W+S+N.I.General

29In section 10 of the Licensing Act 2003, (sub-delegation of functions by licensing committee etc), in subsection (4)(a), in sub-paragraphs (v), (vi) and (x), omit “police”.

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Commencement Information

I83Sch. 4 para. 29 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

30(1)Section 193 of the Licensing Act 2003 (other definitions) is amended as follows.E+W+S+N.I.

(2)The existing text becomes subsection (1).

(3)After that subsection insert—

(2)For the purposes of references in this Act to the prevention of illegal working in licensed premises, a person is working illegally if by doing that work at that time the person is committing an offence under section 24B of the Immigration Act 1971.

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Commencement Information

I84Sch. 4 para. 30 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

31In section 194 of the Licensing Act 2003 (index of defined expressions), insert the following entries at the appropriate places—

entitled to work in the United Kingdomsection 192A
immigration offencesection 113
immigration penalty (and required to pay, in relation to an immigration penalty)section 113
working illegally, in relation to the prevention of illegal working in licensed premisessection 193
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Commencement Information

I85Sch. 4 para. 31 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

32In the Police Reform and Social Responsibility Act 2011, omit sections 109(9) and (10) and 111(3) and (5).

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Commencement Information

I86Sch. 4 para. 32 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

PART 7 E+W+S+N.I.Transitional provision

33The amendments of sections 13, 16, 42, 47 and 120 of the Licensing Act 2003 made by paragraphs 3, 4, 6, 9 and 15 respectively of this Schedule do not apply in relation to applications made, or interim authority notices given, before the coming into force of the respective paragraph.

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Commencement Information

I87Sch. 4 para. 33 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

34The amendment of section 27 of the Licensing Act 2003 made by paragraph 5 of this Schedule does not apply in relation to a premises licence granted pursuant to an application made before the coming into force of that paragraph.

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Commencement Information

I88Sch. 4 para. 34 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

35The amendments of section 115 of the Licensing Act 2003 made by paragraph 14 of this Schedule do not apply in relation to a personal licence granted pursuant to an application made before the coming into force of that paragraph.

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Commencement Information

I89Sch. 4 para. 35 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

36The amendment of Schedule 4 to the Licensing Act 2003 made by paragraph 21 of this Schedule applies on and after the coming into force of that paragraph in relation to—

(a)personal licences granted before, on or after the coming into force of that paragraph, and

(b)offences committed before, on or after the coming into force of that paragraph.

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Commencement Information

I90Sch. 4 para. 36 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)

Section 37

SCHEDULE 5E+W+S+N.I.Private hire vehicles etc

London Hackney Carriages Act 1843 (c. 86)E+W+S+N.I.

1(1)Section 18 of the London Hackney Carriages Act 1843 (licences and badges to be delivered up on the discontinuance of licences) is amended as follows.E+W+S+N.I.

(2)At the beginning insert “ (1) ”.

(3)At the end of subsection (1) insert—

(2)Subsection (1) does not require the delivery of a licence and badge on the expiry of the licence if the licence was granted in accordance with section 8A(2) or (4) of the Metropolitan Public Carriage Act 1869 (but see section 8A(6) of that Act).

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Commencement Information

I91Sch. 5 para. 1 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)

Metropolitan Public Carriage Act 1869 (c. 115)E+W+S+N.I.

2The Metropolitan Public Carriage Act 1869 is amended as follows.

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Commencement Information

I92Sch. 5 para. 2 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)

3In section 8(7) (driver's licence to be in force for three years unless suspended or revoked) for “A” substitute “ Subject to section 8A, a ”.

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Commencement Information

I93Sch. 5 para. 3 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)

4After section 8 insert—

8ADrivers' licences for persons subject to immigration control

(1)Subsection (2) applies if—

(a)a licence under section 8 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),

(b)the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and

(c)apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.

(2)Transport for London must grant the licence for a period which ends at or before the end of the leave period.

(3)Subsection (4) applies if—

(a)a licence under section 8 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and

(b)the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

(4)Transport for London must grant the licence for a period that does not exceed six months.

(5)A licence under section 8 ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a hackney carriage.

(6)If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return to Transport for London—

(a)the licence,

(b)the person's copy of the licence (if any), and

(c)the person's driver's badge.

(7)If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return to Transport for London—

(a)the licence,

(b)the person's copy of the licence (if any), and

(c)the person's driver's badge.

(8)A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale, and

(b)in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

(9)The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b).

(10)Regulations under subsection (9) may make transitional, transitory or saving provision.

(11)A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(12)For the purposes of this section a person is disqualified by reason of the person's immigration status from driving a hackney carriage if the person is subject to immigration control and—

(a)the person has not been granted leave to enter or remain in the United Kingdom, or

(b)the person's 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 the person from driving a hackney carriage.

(13)Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a)the person is to be treated for the purposes of this section as if the person had been granted leave to enter the United Kingdom, but

(b)any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

(14)For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.

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Commencement Information

I94Sch. 5 para. 4 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

Plymouth City Council Act 1975 (c. xx)E+W+S+N.I.

5The Plymouth City Council Act 1975 is amended as follows.

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Commencement Information

I95Sch. 5 para. 5 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

6After section 2 insert—

2APersons disqualified by reason of immigration status

(1)For the purposes of this Act a person is disqualified by reason of the person's immigration status from carrying on a licensable activity if the person is subject to immigration control and—

(a)the person has not been granted leave to enter or remain in the United Kingdom, or

(b)the person's 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 the person from carrying on the licensable activity.

(2)Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a)the person is to be treated for the purposes of this Act as if the person had been granted leave to enter the United Kingdom, but

(b)any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

(3)For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.

(4)For the purposes of this section a person carries on a licensable activity if the person—

(a)drives a private hire vehicle,

(b)operates a private hire vehicle, or

(c)drives a hackney carriage.

2BImmigration offences and immigration penalties

(1)In this Act “immigration offence” means—

(a)an offence under any of the Immigration Acts,

(b)an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a), or

(c)an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a).

(2)In this Act “immigration penalty” means a penalty under—

(a)section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or

(b)section 23 of the Immigration Act 2014 (“the 2014 Act”).

(3)For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 15(3) of that Act, or

(b)the penalty is cancelled by virtue of section 16 or 17 of that Act.

(4)For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(5)For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 24 of that Act, or

(b)the penalty is cancelled by virtue of section 29 or 30 of that Act.

(6)For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

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Commencement Information

I96Sch. 5 para. 6 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

7(1)Section 9 (licensing of drivers of private hire vehicles) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in paragraph (a) after “satisfied” insert “ —(i) ”, and

(b)for the “or” at the end of paragraph (a) substitute and

(ii)that the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; or.

(3)After subsection (1) insert—

(1A)In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, the Council must have regard to any guidance issued by the Secretary of State.

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Commencement Information

I97Sch. 5 para. 7 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

8In section 11(1) (drivers' licences for hackney carriages and private hire vehicles)—

(a)in paragraph (a) for “Every” substitute “ Subject to section 11A, every ”, and

(b)in paragraph (b) after “1889,” insert “ but subject to section 11A, ”.

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Commencement Information

I98Sch. 5 para. 8 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

9After section 11 insert—

11ADrivers' licences for persons subject to immigration control

(1)Subsection (2) applies if—

(a)a licence within section 11(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),

(b)the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and

(c)apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.

(2)The Council must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.

(3)Subsection (4) applies if—

(a)a licence within section 11(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and

(b)the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

(4)The Council must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.

(5)A licence within section 11(1)(a) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a private hire vehicle.

(6)A licence within section 11(1)(b) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a hackney carriage.

(7)If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence and the person's driver's badge to the Council.

(8)If subsection (5) or (6) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence and the person's driver's badge to the Council.

(9)A person who, without reasonable excuse, contravenes subsection (7) or (8) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale, and

(b)in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

(10)The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (9)(b).

(11)Regulations under subsection (10) may make transitional, transitory or saving provision.

(12)A statutory instrument containing regulations under subsection (10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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Commencement Information

I99Sch. 5 para. 9 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

10(1)Section 13 (licensing of operators of private hire vehicles) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after “satisfied” insert “ —(a) ”, and

(b)at the end of paragraph (a) insert ; and

(b)if the applicant is an individual, that the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle.

(3)After subsection (1) insert—

(1A)In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, the Council must have regard to any guidance issued by the Secretary of State.

(4)In subsection (2) for “Every” substitute “ Subject to section 13A, every ”.

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Commencement Information

I100Sch. 5 para. 10 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

11After section 13 insert—

13AOperators' licences for persons subject to immigration control

(1)Subsection (2) applies if—

(a)a licence under section 13 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),

(b)the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and

(c)apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.

(2)The Council must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.

(3)Subsection (4) applies if—

(a)a licence under section 13 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and

(b)the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

(4)The Council must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.

(5)A licence under section 13 ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a private hire vehicle.

(6)If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the Council.

(7)If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the Council.

(8)A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale, and

(b)in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

(9)The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b).

(10)Regulations under subsection (9) may make transitional, transitory or saving provision.

(11)A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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Commencement Information

I101Sch. 5 para. 11 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

12(1)Section 17 (qualification for drivers of hackney carriages) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in paragraph (a) after “satisfied” insert “ —(i) ”, and

(b)for the “or” at the end of paragraph (a) substitute and

(ii)that the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or.

(3)After subsection (1) insert—

(1A)In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a hackney carriage, the Council must have regard to any guidance issued by the Secretary of State.

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Commencement Information

I102Sch. 5 para. 12 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

13(1)Section 19 (suspension and revocation of drivers' licences) is amended as follows.E+W+S+N.I.

(2)In subsection (1) before the “or” at the end of paragraph (a) insert—

(aa)that he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;.

(3)After subsection (1) insert—

(1A)Subsection (1)(aa) does not apply if—

(a)in a case where the driver has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b)in a case where the driver has been required to pay an immigration penalty—

(i)more than three years have elapsed since the date on which the penalty was imposed, and

(ii)the amount of the penalty has been paid in full.

(4)After subsection (2) insert—

(2A)The requirement in subsection (2)(a) to return a driver's badge does not apply in a case where section 20A applies (but see subsection (2) of that section).

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Commencement Information

I103Sch. 5 para. 13 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

14(1)Section 20 (suspension and revocation of operators' licences) is amended as follows.E+W+S+N.I.

(2)In subsection (1) before the “or” at the end of paragraph (c) insert—

(ca)that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;.

(3)After subsection (1) insert—

(1A)Subsection (1)(ca) does not apply if—

(a)in a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b)in a case where the operator has been required to pay an immigration penalty—

(i)more than three years have elapsed since the date on which the penalty was imposed, and

(ii)the amount of the penalty has been paid in full.

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Commencement Information

I104Sch. 5 para. 14 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

15After section 20 insert—

20AReturn of licences suspended or revoked on immigration grounds

(1)Subsection (2) applies if—

(a)under section 19 the Council suspend, revoke or refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on the ground mentioned in subsection (1)(aa) of that section, or

(b)under section 20 the Council suspend, revoke or refuse to renew an operator's licence on the ground mentioned in subsection (1)(ca) of that section.

(2)The person to whom the licence was granted must, within the period of 7 days beginning with the relevant day, return to the Council—

(a)the licence, and

(b)in the case of a licence of a driver of a hackney carriage or a private hire vehicle, the person's driver's badge.

(3)In subsection (2) “the relevant day” means—

(a)where the licence is suspended or revoked, the day on which the suspension or revocation takes effect;

(b)where the Council refuse to renew the licence, the day on which the licence expires as a result of the failure to renew it.

(4)A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale, and

(b)in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

(5)The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (4)(b).

(6)Regulations under subsection (5) may make transitional, transitory or saving provision.

(7)A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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Commencement Information

I105Sch. 5 para. 15 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

16In section 37 (appeals) after subsection (2) insert—

(3)On an appeal under this Act or an appeal under section 302 of the Act of 1936 as applied by this section, the court is not entitled to entertain any question as to whether—

(a)a person should be, or should have been, granted leave to enter or remain in the United Kingdom, or

(b)a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

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Commencement Information

I106Sch. 5 para. 16 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)E+W+S+N.I.

17The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.

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Commencement Information

I107Sch. 5 para. 17 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

18(1)Section 51 (licensing of drivers of private hire vehicles) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in paragraph (a) after “satisfied” insert “ —(i) ”, and

(b)for the “or” at the end of paragraph (a) substitute and

(ii)that the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; or.

(3)After subsection (1) insert—

(1ZA)In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, a district council must have regard to any guidance issued by the Secretary of State.

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Commencement Information

I108Sch. 5 para. 18 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

19In section 53(1) (drivers' licences for hackney carriages and private hire vehicles)—

(a)in paragraph (a) for “Every” substitute “ Subject to section 53A, every ”, and

(b)in paragraph (b) after “1889,” insert “ but subject to section 53A, ”.

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Commencement Information

I109Sch. 5 para. 19 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

20After section 53 insert—

53ADrivers' licences for persons subject to immigration control

(1)Subsection (2) applies if—

(a)a licence within section 53(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);

(b)the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); and

(c)apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.

(2)The district council which grants the licence must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.

(3)Subsection (4) applies if—

(a)a licence within section 53(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; and

(b)the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

(4)The district council which grants the licence must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.

(5)A licence within section 53(1)(a) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a private hire vehicle.

(6)A licence within section 53(1)(b) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a hackney carriage.

(7)If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence and the person's driver's badge to the district council which granted the licence.

(8)If subsection (5) or (6) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence and the person's driver's badge to the district council which granted the licence.

(9)A person who, without reasonable excuse, contravenes subsection (7) or (8) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale; and

(b)in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

(10)The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (9)(b).

(11)Regulations under subsection (10) may make transitional, transitory or saving provision.

(12)A statutory instrument containing regulations under subsection (10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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Commencement Information

I110Sch. 5 para. 20 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

21(1)Section 55 (licensing of operators of private hire vehicles) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after “satisfied” insert “ —(a) ”, and

(b)at the end of paragraph (a) insert ; and

(b)if the applicant is an individual, that the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle.

(3)After subsection (1) insert—

(1A)In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, a district council must have regard to any guidance issued by the Secretary of State.

(4)In subsection (2) for “Every” substitute “ Subject to section 55ZA, every ”.

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Commencement Information

I111Sch. 5 para. 21 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

22After section 55 insert—

55ZAOperators' licences for persons subject to immigration control

(1)Subsection (2) applies if—

(a)a licence under section 55 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);

(b)the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); and

(c)apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.

(2)The district council which grants the licence must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.

(3)Subsection (4) applies if—

(a)a licence under section 55 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; and

(b)the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

(4)The district council which grants the licence must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.

(5)A licence under section 55 ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a private hire vehicle.

(6)If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the district council which granted the licence.

(7)If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the district council which granted the licence.

(8)A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale; and

(b)in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

(9)The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b).

(10)Regulations under subsection (9) may make transitional, transitory or saving provision.

(11)A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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Commencement Information

I112Sch. 5 para. 22 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

23(1)Section 59 (qualification for drivers of hackney carriages) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in paragraph (a) after “satisfied” insert “ —(i) ”, and

(b)for the “or” at the end of paragraph (a) substitute and

(ii)that the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or.

(3)After subsection (1) insert—

(1ZA)In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a hackney carriage, a district council must have regard to any guidance issued by the Secretary of State.

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Commencement Information

I113Sch. 5 para. 23 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

24(1)Section 61 (suspension and revocation of drivers' licences) is amended as follows.E+W+S+N.I.

(2)In subsection (1) before the “or” at the end of paragraph (a) insert—

(aa)that he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;.

(3)After subsection (1) insert—

(1A)Subsection (1)(aa) does not apply if—

(a)in a case where the driver has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b)in a case where the driver has been required to pay an immigration penalty—

(i)more than three years have elapsed since the date on which the penalty was imposed, and

(ii)the amount of the penalty has been paid in full.

(4)After subsection (2) insert—

(2ZA)The requirement in subsection (2)(a) to return a driver's badge does not apply in a case where section 62A applies (but see subsection (2) of that section).

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Commencement Information

I114Sch. 5 para. 24 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

25(1)Section 62 (suspension and revocation of operators' licences) is amended as follows.E+W+S+N.I.

(2)In subsection (1) before the “or” at the end of paragraph (c) insert—

(ca)that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;.

(3)After subsection (1) insert—

(1A)Subsection (1)(ca) does not apply if—

(a)in a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b)in a case where the operator has been required to pay an immigration penalty—

(i)more than three years have elapsed since the date on which the penalty was imposed, and

(ii)the amount of the penalty has been paid in full.

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Commencement Information

I115Sch. 5 para. 25 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

26After section 62 insert—

62AReturn of licences suspended or revoked on immigration grounds

(1)Subsection (2) applies if—

(a)under section 61 a district council suspend, revoke or refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on the ground mentioned in subsection (1)(aa) of that section, or

(b)under section 62 a district council suspend, revoke or refuse to renew an operator's licence on the ground mentioned in subsection (1)(ca) of that section.

(2)The person to whom the licence was granted must, within the period of 7 days beginning with the relevant day, return to the district council—

(a)the licence, and

(b)in the case of a licence of a driver of a hackney carriage or a private hire vehicle, the person's driver's badge.

(3)In subsection (2) “the relevant day” means—

(a)where the licence is suspended or revoked, the day on which the suspension or revocation takes effect;

(b)where the district council refuse to renew the licence, the day on which the licence expires as a result of the failure to renew it.

(4)A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale, and

(b)in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

(5)The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (4)(b).

(6)Regulations under subsection (5) may make transitional, transitory or saving provision.

(7)A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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Commencement Information

I116Sch. 5 para. 26 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

27In section 77 (appeals) after subsection (3) insert—

(4)On an appeal under this Part of this Act or an appeal under section 302 of the Act of 1936 as applied by this section, the court is not entitled to entertain any question as to whether—

(a)a person should be, or should have been, granted leave to enter or remain in the United Kingdom; or

(b)a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

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Commencement Information

I117Sch. 5 para. 27 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

28After section 79 insert—

79APersons disqualified by reason of immigration status

(1)For the purposes of this Part of this Act a person is disqualified by reason of the person's immigration status from carrying on a licensable activity if the person is subject to immigration control and—

(a)the person has not been granted leave to enter or remain in the United Kingdom; or

(b)the person's 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 the person from carrying on the licensable activity.

(2)Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a)the person is to be treated for the purposes of this Part of this Act as if the person had been granted leave to enter the United Kingdom; but

(b)any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

(3)For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.

(4)For the purposes of this section a person carries on a licensable activity if the person—

(a)drives a private hire vehicle;

(b)operates a private hire vehicle; or

(c)drives a hackney carriage.

79BImmigration offences and immigration penalties

(1)In this Part of this Act “immigration offence” means—

(a)an offence under any of the Immigration Acts;

(b)an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a); or

(c)an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a).

(2)In this Part of this Act “immigration penalty” means a penalty under—

(a)section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”); or

(b)section 23 of the Immigration Act 2014 (“the 2014 Act”).

(3)For the purposes of this Part of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 15(3) of that Act; or

(b)the penalty is cancelled by virtue of section 16 or 17 of that Act.

(4)For the purposes of this Part of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period; and

(b)if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(5)For the purposes of this Part of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 24 of that Act; or

(b)the penalty is cancelled by virtue of section 29 or 30 of that Act.

(6)For the purposes of this Part of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period; and

(b)if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

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Commencement Information

I118Sch. 5 para. 28 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

Civic Government (Scotland) Act 1982 (c. 45)E+W+S+N.I.

29The Civic Government (Scotland) Act 1982 is amended as follows.

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Commencement Information

I119Sch. 5 para. 29 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

30In section 13 (taxi and private hire car driving licences) after subsection (3) insert—

(3A)A licensing authority shall not grant a licence to any person under this section unless the authority is satisfied that the person is not disqualified by reason of the person's immigration status from driving a taxi or private hire car.

(3B)Section 13A makes provision for the purposes of subsection (3A) about the circumstances in which a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car.

(3C)In determining for the purposes of subsection (3A) whether a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car, a licensing authority must have regard to any guidance issued by the Secretary of State.

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Commencement Information

I120Sch. 5 para. 30 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

31After section 13 insert—

13APersons disqualified by reason of immigration status

(1)For the purposes of section 13(3A) a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car if the person is subject to immigration control and—

(a)the person has not been granted leave to enter or remain in the United Kingdom, or

(b)the person's 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 the person from driving a taxi or private hire car.

(2)Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a)the person is to be treated for the purposes of this section as if the person had been granted leave to enter the United Kingdom, but

(b)any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

(3)For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.

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Commencement Information

I121Sch. 5 para. 31 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

32(1)Schedule 1 (licensing - further provisions as to the general system) is amended as follows.E+W+S+N.I.

(2)In paragraph 8 (duration of licences) in sub-paragraph (8) after “paragraphs” insert “ 8A and ”.

(3)After paragraph 8 insert—

Taxi etc driving licences for persons subject to immigration controlE+W+S+N.I.

8A(1)Sub-paragraph (2) applies if—

(a)a taxi driver's licence or private hire car driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),

(b)the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and

(c)apart from sub-paragraph (2), the period for which the licence would have had effect would have ended after the end of the leave period.

(2)The licensing authority which grants the licence must specify a period in the licence as the period for which it has effect; and that period must end at or before the end of the leave period.

(3)Sub-paragraph (4) applies if—

(a)a taxi driver's licence or private hire car driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and

(b)the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

(4)The licensing authority which grants the licence must specify a period in the licence as the period for which it has effect; and that period must not exceed six months.

(5)A taxi driver's licence or private hire car driver's licence ceases to have effect if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a taxi or private hire car.

(6)Section 13A (persons disqualified by reason of immigration status) applies for the purposes of sub-paragraph (5) as it applies for the purposes of section 13(3A).

(7)If a licence granted in accordance with sub-paragraph (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the licensing authority.

(8)If sub-paragraph (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence to the licensing authority which granted the licence.

(9)A person who, without reasonable excuse, contravenes sub-paragraph (7) or (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10)This paragraph applies in relation to the renewal of a licence as it applies in relation to the grant of a licence.

(4)In paragraph 11 (suspension and revocation of licences) after sub-paragraph (2) insert—

(2A)A licensing authority may order the suspension or revocation of a taxi driver's licence or a private hire car driver's licence if the holder of the licence has, since its grant, been convicted of an immigration offence or required to pay an immigration penalty (see paragraph 20).

(2B)Sub-paragraph (2A) does not apply if—

(a)in a case where the holder of the licence has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b)in a case where the holder of the licence has been required to pay an immigration penalty—

(i)more than three years have elapsed since the date on which the penalty was imposed, and

(ii)the amount of the penalty has been paid in full.

(5)In paragraph 18 (appeals) after sub-paragraph (8) insert—

(8A)On an appeal under this paragraph relating to a taxi driver's licence or a private hire car driver's licence, the sheriff is not entitled to entertain any question as to whether—

(a)a person should be, or should have been, granted leave to enter or remain in the United Kingdom, or

(b)a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

(6)After paragraph 19 insert—

20(1)In this Schedule “immigration offence” means an offence under any of the Immigration Acts.

(2)In this Schedule “immigration penalty” means a penalty under—

(a)section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or

(b)section 23 of the Immigration Act 2014 (“the 2014 Act”).

(3)For the purposes of this Schedule a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 15(3) of that Act, or

(b)the penalty is cancelled by virtue of section 16 or 17 of that Act.

(4)For the purposes of this Schedule a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(5)For the purposes of this Schedule a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 24 of that Act, or

(b)the penalty is cancelled by virtue of section 29 or 30 of that Act.

(6)For the purposes of this Schedule a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

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Commencement Information

I122Sch. 5 para. 32 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)

Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10))E+W+S+N.I.

33(1)Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10)) is amended as follows.E+W+S+N.I.

(2)After the entry relating to section 1(3) of the Taxis Act (Northern Ireland) 2008 insert—

Section 2A(8)Failing to return an operator's licenceSummarilyLevel 3 on the standard scale.

(3)After the entry relating to section 22(6) of the Taxis Act (Northern Ireland) 2008 insert—

Section 23A(8)Failing to return an operator's licenceSummarilyLevel 3 on the standard scale.
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Commencement Information

I123Sch. 5 para. 33 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)

Private Hire Vehicles (London) Act 1998 (c. 34)E+W+S+N.I.

34The Private Hire Vehicles (London) Act 1998 is amended as follows.

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Commencement Information

I124Sch. 5 para. 34 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

35In section 1(1) (meaning of “private hire vehicle” etc)—

(a)omit the “and” at the end of paragraph (a), and

(b)at the end of paragraph (b) insert ; and

(c)operate”, in relation to a private hire vehicle, means to make provision for the invitation or acceptance of, or to accept, private hire bookings in relation to the vehicle.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I125Sch. 5 para. 35 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

36(1)Section 3 (London operator's licences) is amended as follows.E+W+S+N.I.

(2)In subsection (3) for the “and” at the end of paragraph (a) substitute—

(aa)if the applicant is an individual, the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle; and.

(3)After subsection (3) insert—

(3A)In determining for the purposes of subsection (3) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, the licensing authority must have regard to any guidance issued by the Secretary of State.

(4)In subsection (5) for “A” substitute “ Subject to section 3A, a ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 5 para. 36 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

37After section 3 insert—

3ALondon PHV operator's licences for persons subject to immigration control

(1)Subsection (2) applies if—

(a)a London PHV operator's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);

(b)the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); and

(c)apart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.

(2)The licence must be granted for a period which ends at or before the end of the leave period.

(3)Subsection (4) applies if—

(a)a London PHV operator's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; and

(b)the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

(4)The licence must be granted for a period which does not exceed six months.

(5)A London PHV operator's licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a private hire vehicle.

(6)If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the licensing authority.

(7)A person who, without reasonable excuse, contravenes subsection (6) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale; and

(b)in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

(8)The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I127Sch. 5 para. 37 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

38(1)Section 13 (London PHV driver's licences) is amended as follows.E+W+S+N.I.

(2)In subsection (2) for the “and” at the end of paragraph (a) substitute—

(aa)the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; and.

(3)After subsection (2) insert—

(2A)In determining for the purposes of subsection (2) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, the licensing authority must have regard to any guidance issued by the Secretary of State.

(4)In subsection (5) at the beginning of paragraph (c) insert “ subject to section 13A, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I128Sch. 5 para. 38 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

39After section 13 insert—

13ALondon PHV driver's licences for persons subject to immigration control

(1)Subsection (2) applies if—

(a)a London PHV driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);

(b)the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); and

(c)apart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.

(2)The licence must be granted for a period which ends at or before the end of the leave period.

(3)Subsection (4) applies if—

(a)a London PHV driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; and

(b)the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

(4)The licence must be granted for a period which does not exceed six months.

(5)A London PHV driver's licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a private hire vehicle.

(6)If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence and the person's driver's badge to the licensing authority.

(7)A person who, without reasonable excuse, contravenes subsection (6) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale; and

(b)in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

(8)The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I129Sch. 5 para. 39 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

40(1)Section 16 (power to suspend or revoke licences) is amended as follows.E+W+S+N.I.

(2)In subsection (2) before the “or” at the end of paragraph (a) insert—

(aa)the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;.

(3)After subsection (2) insert—

(2A)Subsection (2)(aa) does not apply if—

(a)in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b)in a case where the licence holder has been required to pay an immigration penalty—

(i)more than three years have elapsed since the date on which the penalty was imposed, and

(ii)the amount of the penalty has been paid in full.

(4)In subsection (4) at the end of paragraph (a) insert—

(aa)the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;.

(5)After subsection (4) insert—

(5)Subsection (4)(aa) does not apply if—

(a)in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b)in a case where the licence holder has been required to pay an immigration penalty—

(i)more than three years have elapsed since the date on which the penalty was imposed, and

(ii)the amount of the penalty has been paid in full.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I130Sch. 5 para. 40 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

41In section 25 (appeals) after subsection (7) insert—

(8)On an appeal under this Act to the magistrates' court or the Crown Court, the court is not entitled to entertain any question as to whether—

(a)a person should be, or should have been, granted leave to enter or remain in the United Kingdom; or

(b)a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I131Sch. 5 para. 41 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

42(1)Section 32 (regulations) is amended as follows.E+W+S+N.I.

(2)In subsection (1) after “other than section” in the first place those words appear insert “ 3A(8), 13A(8) or ”.

(3)After subsection (2) insert—

(2A)The power to make regulations conferred on the Secretary of State by section 3A(8) or 13A(8) is exercisable by statutory instrument.

(2B)A statutory instrument containing regulations under either of those sections may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4)In subsection (4) after “made under section” insert “ 3A(8), 13A(8) or ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I132Sch. 5 para. 42 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

43After section 35 insert—

35APersons disqualified by reason of immigration status

(1)For the purposes of this Act a person is disqualified by reason of the person's immigration status from carrying on a licensable activity if the person is subject to immigration control and—

(a)the person has not been granted leave to enter or remain in the United Kingdom; or

(b)the person's 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 the person from carrying on the licensable activity.

(2)Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a)the person is to be treated for the purposes of this Act as if the person had been granted leave to enter the United Kingdom; but

(b)any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

(3)For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.

(4)For the purposes of this section a person carries on a licensable activity if the person—

(a)operates a private hire vehicle; or

(b)drives a private hire vehicle.

35BImmigration offences and immigration penalties

(1)In this Act “immigration offence” means—

(a)an offence under any of the Immigration Acts;

(b)an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a); or

(c)an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a).

(2)In this Act “immigration penalty” means a penalty under—

(a)section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or

(b)section 23 of the Immigration Act 2014 (“the 2014 Act”).

(3)For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 15(3) of that Act; or

(b)the penalty is cancelled by virtue of section 16 or 17 of that Act.

(4)For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period; and

(b)if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(5)For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 24 of that Act; or

(b)the penalty is cancelled by virtue of section 29 or 30 of that Act.

(6)For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period; and

(b)if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

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Commencement Information

I133Sch. 5 para. 43 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

44In section 36 (interpretation) at the appropriate place insert—

operate” has the meaning given in section 1(1);.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I134Sch. 5 para. 44 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

Taxis Act (Northern Ireland) 2008 (c. 4)E+W+S+N.I.

45The Taxis Act (Northern Ireland) 2008 is amended as follows.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I135Sch. 5 para. 45 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

46(1)Section 2 (operator's licences) is amended as follows.E+W+S+N.I.

(2)In subsection (4) for the “and” at the end of paragraph (a) substitute—

(aa)if the applicant is an individual, the applicant is not disqualified by reason of the applicant's immigration status from operating a taxi service; and.

(3)After subsection (4) insert—

(4A)In determining for the purposes of subsection (4) whether an applicant is disqualified by reason of the applicant's immigration status from operating a taxi service, the Department must have regard to any guidance issued by the Secretary of State.

(4)In subsection (7) for “An” substitute “ Subject to section 2A, an ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I136Sch. 5 para. 46 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

47After section 2 insert—

2AOperator's licences for persons subject to immigration control

(1)Subsection (2) applies if—

(a)an operator's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),

(b)the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and

(c)apart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.

(2)The licence must be granted for a period which ends at or before the end of the leave period.

(3)Subsection (4) applies if—

(a)an operator's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and

(b)the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

(4)The licence must be granted for a period which does not exceed six months.

(5)An operator's licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a taxi service.

(6)If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return it to the Department.

(7)If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the Department.

(8)A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I137Sch. 5 para. 47 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

48(1)Section 23 (taxi driver's licences) is amended as follows.E+W+S+N.I.

(2)In subsection (2) after paragraph (a) insert—

(aa)the applicant is not disqualified by reason of the applicant's immigration status from driving a taxi;.

(3)After subsection (2) insert—

(2A)In determining for the purposes of subsection (2) whether an applicant is disqualified by reason of the applicant's immigration status from driving a taxi, the Department must have regard to any guidance issued by the Secretary of State.

(4)In subsection (8) for “A” substitute “ Subject to section 23A, a ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I138Sch. 5 para. 48 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

49After section 23 insert—

23ATaxi driver's licences for persons subject to immigration control

(1)Subsection (2) applies if—

(a)a taxi driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),

(b)the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and

(c)apart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.

(2)The licence must be granted for a period which ends at or before the end of the leave period.

(3)Subsection (4) applies if—

(a)a taxi driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and

(b)the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

(4)The licence must be granted for a period which does not exceed six months.

(5)A taxi driver's licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a taxi.

(6)If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return to the Department—

(a)the licence,

(b)the person's driver's badge, and

(c)any other evidence of identification which the Department has issued under section 24.

(7)If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return to the Department—

(a)the licence,

(b)the person's driver's badge, and

(c)any other evidence of identification which the Department has issued under section 24.

(8)A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I139Sch. 5 para. 49 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

50(1)Section 26 (power to suspend, revoke or curtail licences) is amended as follows.E+W+S+N.I.

(2)In subsection (2) before the “or” at the end of paragraph (a) insert—

(aa)the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;.

(3)After subsection (2) insert—

(2A)Subsection (2)(aa) does not apply if—

(a)in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (SI 1978/1908 (NI 27)), or

(b)in a case where the licence holder has been required to pay an immigration penalty—

(i)more than three years have elapsed since the date on which the penalty was imposed, and

(ii)the amount of the penalty has been paid in full.

(4)In subsection (6) before the “or” at the end of paragraph (a) insert—

(aa)the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;.

(5)After subsection (6) insert—

(7)Subsection (6)(aa) does not apply if—

(a)in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (SI 1978/1908 (NI 27)), or

(b)in a case where the licence holder has been required to pay an immigration penalty—

(i)more than three years have elapsed since the date on which the penalty was imposed, and

(ii)the amount of the penalty has been paid in full.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I140Sch. 5 para. 50 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

51In section 32 (return of licences etc) after subsection (5) insert—

(5A)Subsection (4) does not apply if the licence was granted in accordance with section 2A(2) or (4) or 23A(2) or (4) (but see sections 2A(6) and 23A(6)).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I141Sch. 5 para. 51 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

52In section 34 (appeals) after subsection (5) insert—

(6)On any appeal, the court is not entitled to entertain any question as to whether—

(a)a person should be, or should have been, granted leave to enter or remain in the United Kingdom, or

(b)a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I142Sch. 5 para. 52 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

53After section 56 insert—

56APersons disqualified by reason of immigration status

(1)For the purposes of this Act a person is disqualified by reason of the person's immigration status from carrying on a licensable activity if the person is subject to immigration control and—

(a)the person has not been granted leave to enter or remain in the United Kingdom, or

(b)the person's 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 the person from carrying on the licensable activity.

(2)Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a)the person is to be treated for the purposes of this Part as if the person had been granted leave to enter the United Kingdom, but

(b)any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

(3)For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.

(4)For the purposes of this section a person carries on a licensable activity if the person—

(a)operates a taxi service, or

(b)drives a taxi.

56BImmigration offences and immigration penalties

(1)In this Act “immigration offence” means—

(a)an offence under any of the Immigration Acts,

(b)an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (SI 1983/1120 (NI 13)) of attempting to commit an offence within paragraph (a), or

(c)an offence under Article 9 of that Order of conspiracy to commit an offence within paragraph (a).

(2)In subsection (1)(a)—

(a)the Immigration Acts” has the meaning given by section 61(2) of the UK Borders Act 2007, and

(b)the reference to an offence under any of the Immigration Acts includes an offence under section 133(5) of the Criminal Justice and Immigration Act 2008 (breach of condition imposed on designated person).

(3)In this Act “immigration penalty” means a penalty under—

(a)section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or

(b)section 23 of the Immigration Act 2014 (“the 2014 Act”).

(4)For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 15(3) of that Act, or

(b)the penalty is cancelled by virtue of section 16 or 17 of that Act.

(5)For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(6)For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 24 of that Act, or

(b)the penalty is cancelled by virtue of section 29 or 30 of that Act.

(7)For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I143Sch. 5 para. 53 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

Transitional provisionE+W+S+N.I.

54(1)Subject to sub-paragraph (2), an amendment made by any of paragraphs 3, 4, 7 to 12, 18 to 23, 30, 32(2) and (3), 36 to 39 and 46 to 49 does not apply in relation to an application for a licence made before the coming into force of that paragraph or a licence granted in response to such an application.E+W+S+N.I.

(2)Sub-paragraph (1) does not prevent an amendment made by any of those paragraphs from applying in relation to—

(a)an application for the renewal of a licence where that licence was granted before the coming into force of that paragraph, or

(b)a licence renewed in response to such an application.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I144Sch. 5 para. 54 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)

55(1)Subject to sub-paragraphs (2) and (3), an amendment made by any of paragraphs 13, 14, 24, 25, 32(4), 40 and 50 applies in relation to a licence granted before or after the coming into force of that paragraph.E+W+S+N.I.

(2)An amendment made by any of those paragraphs applies in relation to a conviction for an immigration offence only if the person in question has been convicted of that offence after the coming into force of that paragraph in respect of the person's conduct after that time.

(3)An amendment made by any of those paragraphs applies in relation to a requirement to pay an immigration penalty only if the person in question has been required to pay the penalty after the coming into force of that paragraph in respect of the person's conduct after that time.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I145Sch. 5 para. 55 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)

56(1)Section 19(1) of the Plymouth City Council Act 1975 has effect in relation to the licence of a driver of a hackney carriage or private hire vehicle granted before the coming into force of paragraph 13 as if before the “or” at the end of paragraph (a) there were inserted—E+W+S+N.I.

(ab)in the case of a refusal to renew a licence, that he is disqualified by reason of his immigration status from driving a hackney carriage or a private hire vehicle;.

(2)Section 20A(1)(a) of that Act has effect in relation to such a licence as if after “subsection (1)(aa)” there were inserted “ or (ab) ”.

(3)Section 20(1) of that Act has effect in relation to an operator's licence granted before the coming into force of paragraph 14 as if before the “or” at the end of paragraph (c) there were inserted—

(cb)in the case of a refusal to renew a licence, that the operator is disqualified by reason of the operator's immigration status from operating a private hire vehicle;.

(4)Section 20A(1)(b) of that Act has effect in relation to such a licence as if after “subsection (1)(ca)” there were inserted “ or (cb) ”.

(5)Section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976 has effect in relation to the licence of a driver of a hackney carriage or private hire vehicle granted before the coming into force of paragraph 24 as if before the “or” at the end of paragraph (a) there were inserted—

(ab)in the case of a refusal to renew a licence, that he is disqualified by reason of his immigration status from driving a hackney carriage or a private hire vehicle;.

(6)Section 62A(1)(a) of that Act has effect in relation to such a licence as if after “subsection (1)(aa)” there were inserted “ or (ab) ”.

(7)Section 62(1) of that Act has effect in relation to an operator's licence granted before the coming into force of paragraph 25 as if before the “or” at the end of paragraph (c) there were inserted—

(cb)in the case of a refusal to renew a licence, that the operator is disqualified by reason of the operator's immigration status from operating a private hire vehicle;.

(8)Section 62A(1)(b) of that Act has effect in relation to such a licence as if after “subsection (1)(ca)” there were inserted “ or (cb) ”.

(9)Subsections (3A) to (3C) of section 13 of the Civic Government (Scotland) Act 1982 apply in relation to an application for the renewal of a taxi driver's or private hire car driver's licence granted before the coming into force of paragraph 30 as they apply in relation to an application for the grant of such a licence made after that time.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I146Sch. 5 para. 56 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)

Section 38

SCHEDULE 6E+W+S+N.I.Illegal working closure notices and illegal working compliance orders

Illegal working closure noticesE+W+S+N.I.

1(1)An immigration officer of at least the rank of chief immigration officer may issue an illegal working closure notice in respect of premises if satisfied on reasonable grounds that the conditions in sub-paragraphs (3) and (6) are met.E+W+S+N.I.

(2)An illegal working closure notice is a notice which prohibits, for a period specified in the notice—

(a)access to the premises other than by a person who habitually lives on the premises, except where authorised in writing by an immigration officer;

(b)paid or voluntary work being performed on the premises, except where so authorised.

(3)The condition in this sub-paragraph is that an employer operating at the premises is employing a person over the age of 16 and subject to immigration control—

(a)who has not been granted leave to enter or remain in the United Kingdom, or

(b)whose 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 the person from accepting the employment.

(4)Where a person is on immigration bail within the meaning of Part 1 of Schedule 10—

(a)the person is to be treated for the purposes of sub-paragraph (3) as if the person had been granted leave to enter the United Kingdom, but

(b)any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

(5)A person falling within sub-paragraph (3) is referred to in this Schedule as an “illegal worker”.

(6)The condition in this sub-paragraph is that the employer, or a connected person in relation to the employer—

(a)has been convicted of an offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”),

(b)has, during the period of three years ending with the date on which the illegal working closure notice is issued, been required to pay a penalty under section 15 of the 2006 Act, or

(c)has at any time been required to pay such a penalty and failed to pay it.

(7)Sub-paragraph (6)(a) does not apply in relation to a conviction which is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)).

(8)For the purposes of sub-paragraph (6)(b) and (c)—

(a)a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay the penalty if—

(i)the person is excused payment by virtue of section 15(3) of that Act, or

(ii)the penalty is cancelled by virtue of section 16 or 17 of that Act;

(b)a person to whom such a notice has been given is not to be treated as having been required to pay the penalty until such time as—

(i)the period for giving a notice of objection under section 16 of the 2006 Act has expired and the Secretary of State has considered any notice given within that period, and

(ii)if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(9)For the purposes of sub-paragraph (6), a person is a connected person in relation to an employer if—

(a)where the employer is a body corporate, the person is—

(i)a director, manager or secretary of the body corporate,

(ii)purporting to act as a director, manager or secretary of the body corporate, or

(iii)if the affairs of the body corporate are managed by its members, a member of the body corporate;

(b)where the employer is a partnership (whether or not a limited partnership), the person is a partner or purporting to act as a partner;

(c)where the employer is an individual, the person is—

(i)a body corporate of which the individual has at any time been a director, manager or secretary,

(ii)a body corporate in relation to which the individual has at any time purported to act as a director, manager or secretary,

(iii)a body corporate whose affairs are managed by its members and the individual has at any time been a member of the body corporate,

(iv)a partnership (whether or not a limited partnership) in which the individual has at any time been a partner or in relation to which the individual has at any time purported to act as a partner.

(10)An illegal working closure notice may not be issued if the employer shows in relation to the employment of each illegal worker that if a penalty notice were given under section 15 of the 2006 Act the employer would be excused under subsection (3) of that section from paying the penalty.

(11)An illegal working closure notice may be issued only if reasonable efforts have been made to inform—

(a)people who live on the premises (whether habitually or not), and

(b)any person who has an interest in the premises,

that the notice is going to be issued.

(12)Before issuing an illegal working closure notice the immigration officer must ensure that any person the officer thinks appropriate has been consulted.

(13)The Secretary of State may by regulations amend sub-paragraph (1) to change the rank specified in that sub-paragraph.

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Commencement Information

I147Sch. 6 para. 1 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j) (with reg. 7)

2(1)An illegal working closure notice must—E+W+S+N.I.

(a)identify the premises;

(b)explain the effect of the notice;

(c)state that failure to comply with the notice is an offence;

(d)state that an application will be made under paragraph 5 for an illegal working compliance order;

(e)specify when and where the application will be heard;

(f)explain the effect of an illegal working compliance order.

(2)The maximum period that may be specified in an illegal working closure notice is 24 hours unless sub-paragraph (3) applies.

(3)The maximum period is 48 hours if the notice is issued by an immigration officer of at least the rank of immigration inspector.

(4)In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.

(5)The period specified in an illegal working closure notice to which sub-paragraph (3) does not apply may be extended by up to 24 hours if an extension notice is issued by an officer of at least the rank of immigration inspector.

(6)An extension notice is a notice which—

(a)identifies the illegal working closure notice to which it relates, and

(b)specifies the period of the extension.

(7)The Secretary of State may by regulations amend sub-paragraph (3) or sub-paragraph (5) to change the rank specified in that sub-paragraph.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 6 para. 2 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Cancellation of illegal working closure noticesE+W+S+N.I.

3(1)An immigration officer may by the issue of a cancellation notice cancel an illegal working closure notice if—E+W+S+N.I.

(a)the immigration officer considers that the condition in paragraph 1(3) or (6) is not met, or

(b)the employer shows in relation to the employment of each illegal worker that if a penalty notice were given under section 15 of the 2006 Act the employer would be excused under subsection (3) of that section from paying the penalty.

(2)A cancellation notice may be issued only—

(a)by an immigration officer of at least the rank of the immigration officer who issued the illegal working closure notice, or

(b)where the illegal working closure notice has been extended by an extension notice, by an immigration officer of at least the rank of the immigration officer who issued the extension notice.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I149Sch. 6 para. 3 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Service of noticesE+W+S+N.I.

4(1)A notice under paragraph 1, 2 or 3 must be served by an immigration officer.E+W+S+N.I.

(2)The immigration officer must if possible—

(a)fix a copy of the notice to at least one prominent place on the premises,

(b)fix a copy of the notice to each normal means of access to the premises,

(c)fix a copy of the notice to any outbuildings that appear to the immigration officer to be used with or as part of the premises,

(d)give a copy of the notice to at least one person who appears to the immigration officer to have control of or responsibility for the premises,

(e)give a copy of the notice to the people who live on the premises and to any person who does not live there but was informed (under paragraph 1(11)) that the notice was going to be issued.

(3)If the immigration officer reasonably believes, at the time of serving the notice, that there are persons occupying another part of the building or other structure in which the premises are situated whose access to that part will be impeded if an illegal working compliance order is made under paragraph 5, the immigration officer must also if possible serve the notice on those persons.

(4)The immigration officer may enter any premises, using reasonable force if necessary, for the purposes of complying with sub-paragraph (2)(a).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I150Sch. 6 para. 4 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Illegal working compliance ordersE+W+S+N.I.

5(1)Whenever an illegal working closure notice is issued an application must be made to the court for an illegal working compliance order (unless the notice has been cancelled under paragraph 3).E+W+S+N.I.

(2)An application for an illegal working compliance order must be made by an immigration officer.

(3)The application must be heard by the court not later than 48 hours after service of the illegal working closure notice.

(4)In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.

(5)The court may make an illegal working compliance order in respect of premises if it is satisfied, on the balance of probabilities—

(a)that the conditions in paragraph 1(3) and (6) are met, and

(b)that it is necessary to make the illegal working compliance order to prevent an employer operating at the premises from employing an illegal worker.

(6)An illegal working compliance order may—

(a)prohibit or restrict access to the premises;

(b)require a person specified in the order to carry out, at such times as may be so specified, such checks relating to the right to work as may be prescribed by the Secretary of State in regulations;

(c)require a person specified in the order to produce to an immigration officer, at such times and such places as may be so specified, such documents relating to the right to work as may be prescribed by the Secretary of State in regulations;

(d)specify the times at which and the circumstances in which an immigration officer may enter the premises to carry out such investigations or inspections as may be specified in the order;

(e)make such other provision as the court considers appropriate.

(7)Different provisions in an illegal working compliance order may have effect for different periods.

(8)The maximum period for which an illegal working compliance order or any provision in it may have effect is 12 months.

(9)Provision included in an illegal working compliance order which prohibits or restricts access may make such provision—

(a)in relation to all persons, all persons except those specified, or all persons except those of a specified description;

(b)having effect at all times, or at all times except those specified;

(c)having effect in all circumstances, or in all circumstances except those specified.

(10)An illegal working compliance order, or any provision of it, may—

(a)be made in respect of the whole or any part of the premises;

(b)include provision about access to a part of the building or structure of which the premises form part.

(11)The court must notify the relevant licensing authority if it makes an illegal working compliance order in relation to premises in England and Wales in respect of which a premises licence is in force.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I151Sch. 6 para. 5 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Illegal working compliance orders: adjournment of hearingE+W+S+N.I.

6(1)This paragraph applies where an application has been made under paragraph 5 for an illegal working compliance order.E+W+S+N.I.

(2)The court may adjourn the hearing of the application for a period of not more than 14 days to enable any person who has an interest in the premises to show why an illegal working compliance order should not be made.

(3)If the court adjourns the hearing it may order that the illegal working closure notice continues in force until the end of the period of adjournment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I152Sch. 6 para. 6 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Extension of illegal working compliance ordersE+W+S+N.I.

7(1)An immigration officer may apply to the court for an extension (or further extension) of the period for which any provision of an illegal working compliance order is in force.E+W+S+N.I.

(2)The court may grant an application under this paragraph only if it is satisfied, on the balance of probabilities, that it is necessary to grant it to prevent an employer operating at the premises from employing an illegal worker.

(3)Where an application is made under this section, the court may issue a summons directed to—

(a)any person on whom the illegal working closure notice was served under paragraph 4, or

(b)any other person who appears to the court to have an interest in the premises,

requiring the person to appear before the court to respond to the application.

(4)If a summons is issued, a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.

(5)No application may be granted under this paragraph such that an illegal working compliance order, or any provision in it—

(a)is extended for a period exceeding 6 months, or

(b)is in force for a period exceeding 24 months in total.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I153Sch. 6 para. 7 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Variation or discharge of illegal working compliance ordersE+W+S+N.I.

8(1)An application may be made to the court under this paragraph—E+W+S+N.I.

(a)by an immigration officer for an illegal working compliance order to be varied or discharged,

(b)by a person on whom the illegal working closure notice was served under paragraph 4, or by any other person who has an interest in the premises, for an illegal working compliance order to be varied or discharged.

(2)Where an application is made under this paragraph, the court may issue a summons directed to—

(a)an immigration officer,

(b)any person on whom the illegal working closure notice was served under paragraph 4, or

(c)any other person who appears to the court to have an interest in the premises,

requiring the person to appear before the court to respond to the application.

(3)If a summons is issued, a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.

(4)The court may not discharge an illegal working compliance order unless it is satisfied, on the balance of probabilities, that it is no longer necessary to prevent an employer operating at the premises from employing an illegal worker.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I154Sch. 6 para. 8 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Notice and orders: appealsE+W+S+N.I.

9(1)An appeal against a decision—E+W+S+N.I.

(a)to make, extend or vary an illegal working compliance order;

(b)not to discharge an illegal working compliance order;

(c)to order that an illegal working closure notice continues in force,

may be made by a person on whom the illegal working closure notice was served under paragraph 4, or any other person who has an interest in the premises.

(2)An appeal against a decision—

(a)not to make an illegal working compliance order;

(b)not to extend a provision of an illegal working compliance order, or not to vary such an order, made on the application of an immigration officer;

(c)to vary or discharge an illegal working compliance order;

(d)not to order that an illegal working closure notice continues in force,

may be made by an immigration officer.

(3)An appeal under this paragraph—

(a)if it is in relation to premises in England and Wales or Northern Ireland, is to the Crown Court,

(b)if it is in relation to premises in Scotland, is to the sheriff appeal court.

(4)An appeal under this paragraph must be made within the period of 21 days beginning with the date of the decision to which it relates.

(5)On an appeal under this paragraph the court may make whatever order it thinks appropriate.

(6)The court must notify the relevant licensing authority if it makes an illegal working compliance order in relation to premises in England and Wales in respect of which a premises licence is in force.

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Commencement Information

I155Sch. 6 para. 9 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Notices and orders: enforcementE+W+S+N.I.

10(1)Where access to premises is prohibited or restricted by virtue of an illegal working closure notice or an illegal working compliance order an immigration officer or a constable may enter the premises and do anything necessary to secure the premises against entry.E+W+S+N.I.

(2)A person acting under sub-paragraph (1) may use reasonable force.

(3)An immigration officer or a constable, together with any person acting under that person's supervision, may also enter such premises to carry out essential maintenance or repairs.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I156Sch. 6 para. 10 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Notices and orders: offencesE+W+S+N.I.

11(1)A person who without reasonable excuse remains on or enters premises in contravention of an illegal working closure notice commits an offence.E+W+S+N.I.

(2)A person who without reasonable excuse contravenes an illegal working compliance order commits an offence.

(3)A person who without reasonable excuse obstructs a person acting under paragraph 4 or paragraph 10 commits an offence.

(4)A person guilty of an offence under this paragraph is liable on summary conviction—

(a)in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;

(b)in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both;

(c)in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.

(5)In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (4)(a) to 51 weeks is to be read as a reference to 6 months.

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Commencement Information

I157Sch. 6 para. 11 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Access to other premisesE+W+S+N.I.

12(1)Where—E+W+S+N.I.

(a)access to premises is prohibited or restricted by a provision of an illegal working compliance order,

(b)those premises are part of a building or structure, and

(c)there is another part of that building or structure that is not subject to the prohibition or restriction,

an occupier or owner of that other part may apply to the court for an order under this paragraph.

(2)Notice of an application under this paragraph must be given to—

(a)whatever immigration officer the court thinks appropriate;

(b)each person on whom the illegal working closure notice was served under paragraph 4,

(c)any other person who has an interest in the premises.

(3)On an application under this paragraph the court may make whatever order it thinks appropriate in relation to access to any part of the building or structure mentioned in sub-paragraph (1).

(4)For the purposes of sub-paragraph (3), it does not matter whether provision has been made under paragraph 5(10)(b).

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Commencement Information

I158Sch. 6 para. 12 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Reimbursement of costsE+W+S+N.I.

13(1)Where the Secretary of State incurs expenditure for the purpose of clearing, securing or maintaining premises in respect of which an illegal working compliance order is in force, the Secretary of State may apply to the court for an order under this paragraph.E+W+S+N.I.

(2)On an application under this paragraph the court may make whatever order it thinks appropriate for the reimbursement (in full or in part) by the owner or occupier of the premises of the expenditure mentioned in sub-paragraph (1).

(3)An application for an order under this paragraph may not be heard unless it is made before the end of the period of 3 months starting with the day on which the illegal working compliance order ceases to have effect.

(4)An order under this paragraph may be made only against a person who has been served with the application for the order.

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Commencement Information

I159Sch. 6 para. 13 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Exemption from liabilityE+W+S+N.I.

14(1)Each of the following—E+W+S+N.I.

(a)the Secretary of State,

(b)an immigration officer,

(c)a police officer,

(d)the chief officer of police under whose direction or control a police officer acts,

is not liable for damages in proceedings for judicial review or the tort of negligence or misfeasance in public office, arising out of anything done or omitted to be done by the person in the exercise or purposed exercise of a power under this Schedule.

(2)Sub-paragraph (1) does not apply to an act or omission shown to have been in bad faith.

(3)Sub-paragraph (1) does not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

(4)This paragraph does not affect any other exemption from liability (whether at common law or otherwise).

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Commencement Information

I160Sch. 6 para. 14 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

CompensationE+W+S+N.I.

15(1)A person who claims to have incurred financial loss in consequence of an illegal working closure notice, other than one cancelled under paragraph 3(1)(b), may apply to the court for compensation.E+W+S+N.I.

(2)An application under this paragraph may not be heard unless it is made before the end of the period of 3 months starting with the day on which the notice ceases to have effect.

(3)On an application under this paragraph the court may order the payment of compensation out of money provided by Parliament if it is satisfied—

(a)that at the time the notice was issued, the condition in paragraph 1(3) or (6) was not met;

(b)that the applicant has incurred financial loss in consequence of the notice; and

(c)that having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I161Sch. 6 para. 15 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

GuidanceE+W+S+N.I.

16(1)The Secretary of State may issue guidance about the exercise of functions under this Schedule.E+W+S+N.I.

(2)The Secretary of State may revise any guidance issued under this paragraph.

(3)Before issuing or revising guidance under this paragraph the Secretary of State must consult—

(a)persons whom the Secretary of State considers to represent the views of immigration officers and of chief officers of police, and

(b)such other persons as the Secretary of State considers appropriate.

(4)The Secretary of State must arrange for any guidance issued or revised under this paragraph to be published.

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Commencement Information

I162Sch. 6 para. 16 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

InterpretationE+W+S+N.I.

17(1)In this Schedule—E+W+S+N.I.

  • “court”, except where the context otherwise requires, means—

    (a)

    in relation to premises in England and Wales or Northern Ireland, the magistrates' court;

    (b)

    in relation to premises in Scotland, the sheriff court;

  • owner” in relation to premises, means—

    (a)

    a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion;

    (b)

    a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of not less than 3 years;

  • person who has an interest”, in relation to premises, includes—

    (a)

    the owner;

    (b)

    any person with control of or responsibility for the premises;

    (c)

    any person who otherwise occupies the premises;

  • premises” includes—

    (a)

    any land, vehicle, vessel or other place (whether enclosed or not);

    (b)

    any outbuildings that are, or are used as, part of premises;

  • premises licence” has the meaning given by section 11 of the Licensing Act 2003;

  • relevant licensing authority” has the meaning given by section 12 of that Act.

(2)In this Schedule—

(a)a reference to employment is to employment under a contract of service or apprenticeship, whether express or implied and whether oral or written;

(b)a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.

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Commencement Information

I163Sch. 6 para. 17 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Amendment of Licensing Act 2003E+W+S+N.I.

18After section 167(1) of the Licensing Act 2003 insert—

(1A)This section also applies where a court has made an illegal working compliance order under Schedule 6 to the Immigration Act 2016 and the relevant licensing authority has accordingly received a notice under that Schedule.

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Commencement Information

I164Sch. 6 para. 18 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)

Section 45

SCHEDULE 7E+W+S+N.I.Bank accounts

1The Immigration Act 2014 is amended as follows.

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Commencement Information

I165Sch. 7 para. 1 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)

I166Sch. 7 para. 1 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)

2After section 40 (prohibition on opening current accounts for disqualified persons) insert—

40ARequirement to carry out immigration checks in relation to current accounts

(1)A bank or building society must, at such times or with such frequency as is specified in regulations made by the Treasury, carry out an immigration check in relation to each current account held with it that is not an excluded account.

(2)For the purposes of this section carrying out an “immigration check” in relation to a current account means checking whether, according to information supplied by the Secretary of State to a specified anti-fraud organisation or a specified data-matching authority, the account is operated by or for a disqualified person.

(3)A “disqualified person” is a person—

(a)who is in the United Kingdom,

(b)who requires leave to enter or remain in the United Kingdom but does not have it, and

(c)for whom the Secretary of State considers that a current account should not be provided by a bank or building society.

(4)A current account is an excluded account for the purposes of subsection (1) if the account is operated by or for a person or body of a description specified in regulations made by the Treasury.

(5)An account is operated by or for a person or body if the person or body is an account holder or a signatory or identified as a beneficiary in relation to the account.

(6)A bank or building society must—

(a)make arrangements with a specified anti-fraud organisation or a specified data-matching authority for the purpose of enabling the bank or building society to carry out immigration checks in relation to current accounts, and

(b)pay any reasonable fee required to be paid under those arrangements.

(7)In this section “specified anti-fraud organisation” and “specified data-matching authority” have the same meaning as in section 40(3)(a).

40BRequirement to notify existence of current accounts for disqualified persons

(1)This section applies where, as a result of an immigration check carried out under section 40A, a bank or building society identifies a current account that is operated by or for a person who the bank or building society believes to be a disqualified person.

(2)Where this section applies, the bank or building society (as the case may be) must as soon as reasonably practicable—

(a)notify the Secretary of State that a current account held with it is operated by or for a person who it believes to be a disqualified person, and

(b)provide the Secretary of State with such other information as may be prescribed.

(3)A notification made, or information provided, under subsection (2) must be made or provided in the prescribed form and manner.

(4)In subsections (2) and (3) “prescribed” means prescribed in regulations made by the Treasury.

(5)Regulations under subsection (2) may (in particular) require the provision of information relating to any accounts held with the bank or building society that are operated by or for the person who is believed to be a disqualified person.

40CAction to be taken by Secretary of State following section 40B notification

(1)Where the Secretary of State receives a notification from a bank or building society under section 40B(2) in relation to a person, the Secretary of State must check whether the person is a disqualified person.

(2)If the Secretary of State determines that the person is a disqualified person, the Secretary of State may apply under section 40D for a freezing order in respect of one or more of the accounts held with the bank or building society that are operated by or for the disqualified person.

(3)If the Secretary of State decides not to apply for a freezing order under subsection (2), or decides to apply for a freezing order in respect of one or more but not all of the accounts held with the bank or building society that are operated by or for the disqualified person, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2) in relation to the disqualified person.

(4)A notification made under subsection (3) must contain the prescribed information and be made in the prescribed form and manner.

(5)In subsection (4) “prescribed” means prescribed in regulations made by the Treasury.

(6)If the Secretary of State determines that the person is not a disqualified person, the Secretary of State must notify the bank or building society accordingly.

40DFreezing orders

(1)On an application by the Secretary of State under section 40C(2), the court may make a freezing order in respect of any account specified in the application.

(2)A freezing order in respect of an account is an order that prohibits each person and body by or for whom the account is operated from making withdrawals or payments from the account.

(3)A freezing order may be made subject to exceptions.

(4)An exception may (in particular)—

(a)make provision for the disqualified person to meet his or her reasonable living expenses and reasonable legal expenses;

(b)allow another person or body by or for whom the account is operated to make withdrawals or payments from the account.

(5)An application for a freezing order may be made without notice.

(6)The court may vary or discharge a freezing order made in respect of an account (whether made under this section or on an appeal under section 40E) on an application made by—

(a)the Secretary of State, or

(b)a person or body by or for whom the account is operated.

(7)If the Secretary of State applies for a freezing order in respect of an account and the order is not made, or the order is made but subsequently discharged, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2) in relation to the disqualified person.

(8)A notification made under subsection (7) must contain the information and be in the form and manner prescribed in regulations made under subsection (4) of section 40C for the purposes of subsection (3) of that section.

(9)In this section—

  • the court” means—

    (a)

    in England and Wales, a magistrates' court;

    (b)

    in Scotland, the sheriff;

    (c)

    in Northern Ireland, a court of summary jurisdiction;

  • the disqualified person” means the person who, following a check under section 40C(1), was determined to be a disqualified person, resulting in the application for the freezing order.

40EFreezing orders: appeals

(1)An appeal may be made to the relevant appeal court against a decision of a court under section 40D.

(2)The right of appeal under subsection (1) is exercisable by—

(a)the Secretary of State, and

(b)if the decision relates to a freezing order that is in force in respect of an account, a person or body by or for whom the account is operated.

(3)On an appeal under this section the relevant appeal court may make—

(a)whatever orders are necessary to give effect to its determination of the appeal;

(b)whatever incidental or consequential orders appear to it to be just.

(4)In this section “the relevant appeal court” means—

(a)the Crown Court, where the decision appealed against is a decision of a magistrates' court;

(b)the Sheriff Appeal Court, where the decision appealed against is a decision of the sheriff;

(c)a county court, where the decision appealed against is a decision of a court of summary jurisdiction.

40FFreezing orders: code of practice

(1)The Secretary of State must issue a code of practice—

(a)specifying the factors that the Secretary of State will consider when deciding whether to apply for a freezing order under section 40C(2),

(b)outlining the arrangements for keeping a freezing order under review for the purpose of deciding whether to apply under section 40D(6) for its variation or discharge, and

(c)specifying the factors that the Secretary of State will consider when deciding whether to make such an application.

(2)The Secretary of State must from time to time review the code and may revise and re-issue it following a review.

(3)The code (or revised code)—

(a)may not be issued unless a draft has been laid before Parliament, and

(b)comes into force in accordance with provision contained in regulations made by the Secretary of State.

40GClosure of accounts not subject to freezing order

(1)This section applies where—

(a)a bank or building society makes a notification under section 40B(2) in relation to a person,

(b)the person is determined by the Secretary of State (following a check under section 40C(1)) to be a disqualified person, and

(c)the bank or building society receives a notification under section 40C(3) or 40D(7) in relation to the disqualified person.

(2)Where this section applies the bank or building society must as soon as reasonably practicable close each account held with it that—

(a)in the case of a notification under section 40C(3), is operated by or for the disqualified person and is not the subject of an application for a freezing order;

(b)in the case of a notification under section 40D(7), is operated by or for the disqualified person and in respect of which a freezing order is not in force.

(3)The bank or building society may delay closing an account which it would otherwise be required to close under subsection (2) if at the time at which it would otherwise be required to close it—

(a)the account is overdrawn, or

(b)where the account is operated by or for the disqualified person and one or more bodies or other persons, the bank or building society considers that closing the account would significantly adversely affect the interests of any of those other bodies or persons.

(4)Where subsection (3) applies, closure of the account may be delayed for such period as is reasonable (but not indefinitely).

(5)If an account falling within subsection (2) is operated by or for the disqualified person and one or more bodies or other persons, the bank or building society is to be treated as having complied with that subsection in relation to that account if, as soon as reasonably practicable, it takes all such steps as are necessary to prevent the account from being operated by or for the disqualified person (instead of closing the account).

(6)Where the bank or building society closes an account in compliance with this section, it must tell each person or body by or for whom the account is operated, if it may lawfully do so, why it has closed the account.

(7)Where the bank or building society prevents an account from being operated by or for the disqualified person by virtue of subsection (5), it must tell each person or body by or for whom the account is operated, if it may lawfully do so, why it has prevented the account from being operated by or for the disqualified person.

(8)The bank or building society must provide the Secretary of State with information about the steps that it has taken to comply with this section.

(9)Information provided under subsection (8) must be provided in the prescribed form and manner and at the prescribed times or with the prescribed frequency.

(10)In subsection (9) “prescribed” means prescribed in regulations made by the Treasury.

40HSections 40A to 40G: interpretation

(1)This section applies for the purposes of sections 40A to 40G.

(2)Account” includes a financial product by means of which a payment may be made.

(3)Freezing order” has the meaning given by section 40D(2).

(4)Disqualified person” has the meaning given by section 40A(3).

(5)References to an account being operated by or for a person or body are to be read in accordance with section 40A(5).

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Commencement Information

I167Sch. 7 para. 2 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)

I168Sch. 7 para. 2 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)

3(1)Section 41 (regulation by Financial Conduct Authority) is amended as follows.E+W+S+N.I.

(2)In subsection (1), at the end insert “ and the requirements imposed on them by sections 40A, 40B and 40G ”.

(3)In subsection (2)(a), at the end insert “ or immigration checks under section 40A ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I169Sch. 7 para. 3 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)

I170Sch. 7 para. 3 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)

4In section 42 (meaning of “bank” and “building society”), in subsections (1) and (5), for “and 41” substitute “ to 41 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I171Sch. 7 para. 4 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)

I172Sch. 7 para. 4 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)

5(1)Section 43 (power to amend) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(b), after “40(1)” insert “ or the requirement in section 40A(1) ”.

(3)In subsection (1)(c), for “that section” substitute “ section 40 or 40A ”.

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Commencement Information

I173Sch. 7 para. 5 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)

I174Sch. 7 para. 5 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)

6In section 74 (orders and regulations), in subsection (2) (statutory instruments to which the affirmative resolution procedure applies), after paragraph (b) insert—

(ba)regulations under section 40A(4);

(bb)regulations under section 40B;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I175Sch. 7 para. 6 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)

I176Sch. 7 para. 6 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)

7(1)Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of UK judgments in other parts of UK) is amended as follows.E+W+S+N.I.

(2)In subsection (3), for “subsection (4)” substitute “ subsections (4) and (4ZA) ”.

(3)After subsection (4) insert—

(4ZA)This section applies to a freezing order made under section 40D of the Immigration Act 2014 by a magistrates' court in England and Wales or a court of summary jurisdiction in Northern Ireland.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I177Sch. 7 para. 7 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)

I178Sch. 7 para. 7 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)

Section 54

SCHEDULE 8E+W+S+N.I.Amendments to search warrant provisions

Immigration Act 1971 (c. 77)E+W+S+N.I.

1The Immigration Act 1971 is amended as follows.

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Commencement Information

I179Sch. 8 para. 1 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)

2(1)Section 28D (entry and search of premises) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in paragraph (b) for “specified in the application” substitute “ mentioned in subsection (1A) ”, and

(b)at the end of paragraph (e) insert “ in relation to each set of premises specified in the application, ”.

(3)After subsection (1) insert—

(1A)The premises referred to in subsection (1)(b) above are—

(a)one or more sets of premises specified in the application, or

(b)subject to subsection (2A), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(1B)If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)that because of the particulars of the offence referred to in paragraph (a) of subsection (1), there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection, and

(b)that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

(1C)Subject to subsection (2A), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.

(1D)If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

(4)In subsection (2) after “conditions” insert “ referred to in subsection (1)(e) ”.

(5)After subsection (2) insert—

(2A)A justice of the peace in Scotland may not issue—

(a)an all premises warrant under this section, or

(b)a warrant under this section authorising multiple entries.

(6)In subsection (7)—

(a)for “subsection (1)” substitute “ this section ”,

(b)in paragraph (a) for “the reference” substitute “ references ” and for “a reference” substitute “ references ”, and

(c)in paragraph (b) for “paragraph (d)” substitute “ subsection (1)(d) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I180Sch. 8 para. 2 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)

3(1)Section 28FB (search for personnel records with warrant) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after “business premises” insert “ mentioned in subsection (1A) ”, and

(b)at the end of paragraph (c) insert “ in relation to each set of premises specified in the application. ”

(3)After subsection (1) insert—

(1A)The premises referred to in subsection (1) above are—

(a)one or more sets of premises specified in the application, or

(b)subject to subsection (3C), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(1B)If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the records referred to in subsection (1)(b), and

(b)that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

(4)In subsection (2) for “Those conditions are” substitute “ The conditions referred to in subsection (1)(c) are ”.

(5)After subsection (3) insert—

(3A)Subject to subsection (3C), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.

(3B)If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

(3C)A justice of the peace in Scotland may not issue—

(a)an all premises warrant under this section, or

(b)a warrant under this section authorising multiple entries.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I181Sch. 8 para. 3 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)

4(1)Section 28J (search warrants: safeguards) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)after paragraph (a) insert—

(aa)if the application is for a warrant authorising entry and search on more than one occasion, state the ground on which the officer applies for such a warrant, and whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;, and

(b)for paragraph (b) substitute—

(b)specify the matters set out in subsection (2A) below; and.

(3)After subsection (2) insert—

(2A)The matters which must be specified pursuant to subsection (2)(b) above are—

(a)if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;

(b)if the application relates to any premises occupied or controlled by a person specified in the application—

(i)as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;

(ii)the person who is in occupation or control of those premises and any others which it is desired to enter and search;

(iii)why it is necessary to search more premises than those specified under sub-paragraph (i);

(iv)why it is not reasonably practicable to specify all the premises which it is desired to enter and search.

(4)In subsection (6) at the end insert “ unless it specifies that it authorises multiple entries ”.

(5)After subsection (6) insert—

(6A)If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.

(6)In subsection (7) for paragraph (c) substitute—

(c)each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under the person's occupation or control which can be specified and which are to be searched; and.

(7)For subsection (9) substitute—

(9)Two copies must be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.

(8)After subsection (10) insert—

(10A)All premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.

(10B)References in this section to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I182Sch. 8 para. 4 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)

5(1)Section 28K (execution of warrants) is amended as follows.E+W+S+N.I.

(2)After subsection (2) insert—

(2A)A person so authorised has the same powers as the officer whom the person accompanies in respect of—

(a)the execution of the warrant, and

(b)the seizure or detention of anything to which the warrant relates.

(2B)But the person may exercise those powers only in the company, and under the supervision, of an immigration officer.

(3)In subsection (3) for “one month” substitute “ three months ”.

(4)After subsection (3) insert—

(3A)If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless an immigration officer of at least the rank of chief immigration officer has in writing authorised them to be entered.

(3B)No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless an immigration officer of at least the rank of chief immigration officer has in writing authorised that entry to those premises.

(5)In subsection (4)(a) after “and” insert “ , if not in uniform, ”.

(6)After subsection (8) insert—

(8A)Unless the warrant is a warrant specifying one set of premises only, the officer must comply with subsection (8) separately in respect of each set of premises entered and searched.

(8B)Subject to subsection (8C), a warrant must be returned in accordance with subsection (9)—

(a)when it has been executed, or

(b)in the case of a specific premises warrant which has not been executed, an all premises warrant or any warrant authorising multiple entries, on the expiry of the period of three months referred to in subsection (3) or sooner.

(8C)Subsection (8B) does not apply to a warrant issued by a justice of the peace in Scotland or by the sheriff if the warrant has been executed.

(7)In subsection (9) for the words from “A warrant” to “its execution,” substitute “ The warrant ”.

(8)After subsection (13) insert—

(13A)In subsection (8B)—

  • specific premises warrant” means a warrant which is not an all premises warrant;

  • all premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.

(13B)The reference in subsection (8B) to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I183Sch. 8 para. 5 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)

6(1)Paragraph 25A of Schedule 2 (search of premises for nationality documents) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (6A)—

(a)for “specified in the application” substitute “ mentioned in sub-paragraph (6AA) ”, and

(b)at the end of paragraph (b) insert “ in relation to each set of premises specified in the application, ”.

(3)After sub-paragraph (6A) insert—

(6AA)The premises referred to in sub-paragraph (6A) above are—

(a)one or more sets of premises specified in the application, or

(b)subject to sub-paragraph (6BA), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(6AB)If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the relevant documents, and

(b)that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

(6AC)Subject to sub-paragraph (6BA), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.

(6AD)If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

(4)In sub-paragraph (6B) after “conditions” insert “ mentioned in sub-paragraph (6A)(b) ”.

(5)After sub-paragraph (6B) insert—

(6BA)A justice of the peace in Scotland may not issue—

(a)an all premises warrant under this paragraph, or

(b)a warrant under this paragraph authorising multiple entries.

(6)In sub-paragraph (6C) for “sub-paragraph (6A)” substitute “ sub-paragraphs (6A) to (6BA) ”.

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Commencement Information

I184Sch. 8 para. 6 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)

UK Borders Act 2007 (c. 30)E+W+S+N.I.

7(1)Section 45 of the UK Borders Act 2007 (search of premises for nationality documents) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)in paragraph (b) for “specified in the application” substitute “ mentioned in subsection (2A) ”, and

(b)at the end of paragraph (d) insert “ in relation to each set of premises specified in the application, ”.

(3)After subsection (2) insert—

(2A)The premises referred to in subsection (2)(b) above are—

(a)one or more sets of premises specified in the application, or

(b)subject to subsection (3A), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(2B)If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the nationality documents, and

(b)that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

(2C)Subject to subsection (3A), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.

(2D)If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

(4)In subsection (3) after “conditions” insert “ mentioned in subsection (2)(d) ”.

(5)After subsection (3) insert—

(3A)A justice of the peace in Scotland may not issue—

(a)an all premises warrant under this section, or

(b)a warrant under this section authorising multiple entries.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I185Sch. 8 para. 7 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)

Section 55

SCHEDULE 9E+W+S+N.I.Duty to supply nationality documents to Secretary of State: persons to whom duty applies

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I186Sch. 9 in force at 12.7.2016 by S.I. 2016/603, reg. 3(v)

This is the new Schedule A1 to the Immigration and Asylum Act 1999 referred to in section 55—

Section 20A

SCHEDULE A1E+W+S+N.I.Persons to whom section 20A applies

Law enforcementE+W+S+N.I.

1The chief officer of police for a police area in England and Wales.

2The chief constable of the Police Service of Scotland.

3The Chief Constable of the Police Service of Northern Ireland.

4The Chief Constable of the British Transport Police Force.

5A Port Police Force established under an order made under section 14 of the Harbours Act 1964.

6The Port Police Force established under Part 10 of the Port of London Act 1968.

7A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.

8The National Crime Agency.

Local governmentE+W+S+N.I.

9A county council or district council in England.

10A London borough council.

11The Greater London Authority.

12The Common Council of the City of London in its capacity as a local authority.

13The Council of the Isles of Scilly.

14A county council or a county borough council in Wales.

15A council constituted under section 2 of the Local Government etc (Scotland) Act 1994.

16A district council in Northern Ireland.

Regulatory bodiesE+W+S+N.I.

17The Gangmasters and Labour Abuse Authority.

18The Security Industry Authority.

Health bodiesE+W+S+N.I.

19An NHS trust established under section 25 of the National Health Service Act 2006 or under section 18 of the National Health Service (Wales) Act 2006.

20An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

21A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

22A National Health Service Trust established under section 12A of the National Health Service (Scotland) Act 1978.

23A Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (SI 1991/194 (NI 1)).

Education bodiesE+W+S+N.I.

24The proprietor of a school or 16 to 19 Academy within the meaning of the Education Act 1996 (see sections 4 and 579(1) of that Act).

25The governing body of an institution within the further education sector within the meaning of the Further and Higher Education Act 1992 (see sections 90 and 91 of that Act).

26The governing body of a qualifying institution within the meaning of Part 2 of the Higher Education Act 2004 (see sections 11 and 21 of that Act).

27The proprietor or governing body of a school within the meaning of the Education (Scotland) Act 1980 (see section 135(1) of that Act).

28The proprietor or governing body of a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005 (see section 35 of that Act).

29The proprietor of a school within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)) (see Article 2(2) of that Order).

30The governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) (see Article 2(2) of that Order).

31The governing body of a higher education institution as defined by Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993 (SI 1993/2810 (NI 12)).

Registration officialsE+W+S+N.I.

32The Registrar General for England and Wales.

33A superintendent registrar of births, deaths and marriages.

34A registrar of births, deaths and marriages.

35A civil partnership registrar within the meaning of Chapter 1 of Part 2 of the Civil Partnership Act 2004 (see section 29 of that Act).

36The Registrar General for Scotland.

37A district registrar within the meaning of section 7 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

38A senior registrar within the meaning of that section.

39An assistant registrar within the meaning of that section.

40The Registrar General for Northern Ireland.

41A person appointed under Article 31(1) or (3) of the Marriage (Northern Ireland) Order 2003 (SI 2003/413 (NI 3)).

42A person appointed under section 152(1) or (3) of the Civil Partnership Act 2004.

Other bodies: Northern IrelandE+W+S+N.I.

43The Northern Ireland Housing Executive.

Section 61

SCHEDULE 10E+W+S+N.I.Immigration bail

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Modifications etc. (not altering text)

C1Sch. 10 applied by 1971 c. 77, Sch. 3 para. 2(5)-(7) (as substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(2)(d); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))

C2Sch. 10 modified by 1997 c. 68, Sch. 3 (as substituted (15.1.2018 for specified purposes) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 25; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))

C3Sch. 10 applied by 2007 c. 30, s. 36(3A)-(3C) (as inserted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 40(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))

PART 1E+W+S+N.I.Main provisions

Power to grant immigration bailE+W+S+N.I.

1(1)The Secretary of State may grant a person bail if—E+W+S+N.I.

(a)the person is being detained under paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),

(b)the person is being detained under paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),

(c)the person is being detained under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), or

(d)the person is being detained under section 36(1) of the UK Borders Act 2007 (detention pending deportation).

(2)The Secretary of State may grant a person bail if the person is liable to detention under a provision mentioned in sub-paragraph (1).

(3)The First-tier Tribunal may, on an application made to the Tribunal for the grant of bail to a person, grant that person bail if—

(a)the person is being detained under paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971,

(b)the person is being detained under paragraph 2(1), (2) or (3) of Schedule 3 to that Act,

(c)the person is being detained under section 62 of the Nationality, Immigration and Asylum Act 2002, or

(d)the person is being detained under section 36(1) of the UK Borders Act 2007.

(4)In this Schedule references to the grant of immigration bail, in relation to a person, are to the grant of bail to that person under any of sub-paragraphs (1) to (3) or under paragraph 10(12) or (13) (release following arrest for breach of bail conditions).

(5)A person may be granted and remain on immigration bail even if the person can no longer be detained, if—

(a)the person is liable to detention under a provision mentioned in sub-paragraph (1), or

(b)the Secretary of State is considering whether to make a deportation order against the person under section 5(1) of the Immigration Act 1971.

(6)A grant of immigration bail to a person does not prevent the person's subsequent detention under a provision mentioned in sub-paragraph (1).

(7)For the purposes of this Schedule a person is on immigration bail from when a grant of immigration bail to the person commences to when it ends.

(8)A grant of immigration bail to a person ends when—

(a)in a case where sub-paragraph (5) applied to the person, that sub-paragraph no longer applies to the person,

(b)the person is granted leave to enter or remain in the United Kingdom,

(c)the person is detained under a provision mentioned in sub-paragraph (1), or

(d)the person is removed from or otherwise leaves the United Kingdom.

(9)This paragraph is subject to paragraph 3 (exercise of power to grant immigration bail).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I187Sch. 10 para. 1 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Conditions of immigration bailE+W+S+N.I.

2(1)Subject to sub-paragraph (2), if immigration bail is granted to a person, it must be granted subject to one or more of the following conditions—E+W+S+N.I.

(a)a condition requiring the person to appear before the Secretary of State or the First-tier Tribunal at a specified time and place;

(b)a condition restricting the person's work, occupation or studies in the United Kingdom;

(c)a condition about the person's residence;

(d)a condition requiring the person to report to the Secretary of State or such other person as may be specified;

(e)an electronic monitoring condition (see paragraph 4);

(f)such other conditions as the person granting the immigration bail thinks fit.

(2)Sub-paragraph (3) applies in place of sub-paragraph (1) in relation to a person who is being detained under a provision mentioned in paragraph 1(1)(b) or (d) or who is liable to detention under such a provision.

(3)If immigration bail is granted to such a person—

(a)subject to sub-paragraphs (5) to (9), it must be granted subject to an electronic monitoring condition,

(b)if, by virtue of sub-paragraph (5) or (7), it is not granted subject to an electronic monitoring condition, it must be granted subject to one or more of the other conditions mentioned in sub-paragraph (1), and

(c)if it is granted subject to an electronic monitoring condition, it may be granted subject to one or more of those other conditions.

(4)Immigration bail granted in accordance with sub-paragraph (1) or (3) may also be granted subject to a financial condition (see paragraph 5).

(5)Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the Secretary of State if the Secretary of State considers that to impose an electronic monitoring condition on the person would be—

(a)impractical, or

(b)contrary to the person's Convention rights.

(6)Where sub-paragraph (5) applies, the Secretary of State must not grant immigration bail to the person subject to an electronic monitoring condition.

(7)Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the First-tier Tribunal if the Secretary of State informs the Tribunal that the Secretary of State considers that to impose an electronic monitoring condition on the person would be—

(a)impractical, or

(b)contrary to the person's Convention rights.

(8)Where sub-paragraph (7) applies, the First-tier Tribunal must not grant immigration bail to the person subject to an electronic monitoring condition.

(9)In considering for the purposes of this Schedule whether it would be impractical to impose an electronic monitoring condition on a person, or would be impractical for a person to continue to be subject to such a condition, the Secretary of State may in particular have regard to—

(a)any obstacles to making arrangements of the kind mentioned in paragraph 4 in relation to the person,

(b)the resources that are available for imposing electronic monitoring conditions on persons to whom sub-paragraph (2) applies and for managing the operation of such conditions in relation to such persons,

(c)the need to give priority to the use of those resources in relation to particular categories of persons to whom that sub-paragraph applies, and

(d)the matters listed in paragraph 3(2) as they apply to the person.

(10)In this Schedule “Convention rights” is to be construed in accordance with section 1 of the Human Rights Act 1998.

(11)In this Schedule “bail condition”, in relation to a person on immigration bail, means a condition to which the person's bail is subject.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I188Sch. 10 para. 2(1)(4)(11) in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Exercise of power to grant immigration bailE+W+S+N.I.

3(1)The Secretary of State or the First-tier Tribunal must have regard to the matters listed in sub-paragraph (2) in determining—E+W+S+N.I.

(a)whether to grant immigration bail to a person, and

(b)the conditions to which a person's immigration bail is to be subject.

(2)Those matters are—

(a)the likelihood of the person failing to comply with a bail condition,