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Immigration Act 2016

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This is the original version (as it was originally enacted).

Illegal working compliance orders

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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).

(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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