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Immigration Act 2016

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This is the original version (as it was originally enacted).

Plymouth City Council Act 1975 (c. xx)

This section has no associated Explanatory Notes

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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