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Immigration Act 2016

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 6

SCHEDULE 1Persons to whom Director etc may disclose information

Authorities with functions in connection with the labour market or the work place etc

  • 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 security

  • 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 government

  • 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 bodies

  • 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.

Other

  • The Independent Anti-slavery Commissioner.

  • A Northern Ireland department.

Section 11

SCHEDULE 2Functions in relation to labour market

Employment Agencies Act 1973 (c. 35)

1The Employment Agencies Act 1973 is amended as follows.

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.

3(1)Section 9 (inspection) is amended as follows.

(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,”.

National Minimum Wage Act 1998 (c. 39)

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

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.

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).

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”.

Modern Slavery Act 2015 (c.30)

8The Modern Slavery Act 2015 is amended as follows.

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).

10(1)Section 15 (slavery and trafficking prevention orders on application) is amended as follows.

(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”.

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”.

12(1)Section 20 (variation, renewal and discharge) is amended as follows.

(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”.

13(1)Section 23 (slavery and trafficking risk orders) is amended as follows.

(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”.

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”.

15(1)Section 27 (variation, renewal and discharge) is amended as follows.

(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”.

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).

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”.

Section 31

SCHEDULE 3Consequential and related amendments

Public Records Act 1958 (c. 51)

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”.

Parliamentary Commissioner Act 1967 (c. 13)

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”.

Superannuation Act 1972 (c. 11)

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”.

Employment Agencies Act 1973 (c. 35)

4(1)Section 9 of the Employment Agencies Act 1973 (inspection) is amended as follows.

(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).

House of Commons Disqualification Act 1975 (c. 24)

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”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

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”.

National Minimum Wage Act 1998 (c. 39)

7(1)Section 15 of the National Minimum Wage Act 1998 (information obtained by officers) is amended as follows.

(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.

Regulation of Investigatory Powers Act 2000 (c. 23)

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”.

Freedom of Information Act 2000 (c. 36)

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”.

Police Reform Act 2002 (c. 30)

10The Police Reform Act 2002 is amended as follows.

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);.

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.

Gangmasters (Licensing) Act 2004 (c. 11)

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

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

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.

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

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).

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).

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).

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).

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).

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).

23(1)Section 19 (information relating to gangmasters) is amended as follows.

(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)”.

24(1)Schedule 2 (application of Act to Northern Ireland) is amended as follows.

(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 gangmasters

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 assistance

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.

Pensions Act 2004 (c. 35)

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.

Natural Environment and Rural Communities Act 2006 (c. 16)

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”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

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

Modern Slavery Act 2015 (c. 30)

28The Modern Slavery Act 2015 is amended as follows.

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”.

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).

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

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

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

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)”.

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”.

35After Schedule 4 insert—

Section 54A

SCHEDULE 4AInformation gateways: specified persons

Authorities with functions in connection with the labour market etc
  • 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 security
  • 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 government
  • 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 bodies
  • 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.

Other
  • The Independent Anti-slavery Commissioner.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (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”.

Section 36

SCHEDULE 4Licensing Act 2003: amendments relating to illegal working

PART 1Entitlement 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.

PART 2Premises licences

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

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,.

4(1)Section 16 (applicant for premises licence) is amended as follows.

(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.

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).

6(1)Section 42 (application for transfer of premises licence) is amended as follows.

(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).

7(1)Section 44(5) (determination of transfer application) is amended as follows.

(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.

8(1)Section 45 (notification of determination under section 44) is amended as follows.

(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.

9(1)Section 47 (interim authority notice following death etc of licence holder) is amended as follows.

(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.”

10(1)Section 48 (cancellation of interim authority notice following police objections) is amended as follows.

(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.

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)”.

PART 3Personal licences

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

13(1)Section 113 (meaning of “relevant offence” and “foreign offence”) is amended as follows.

(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.

14(1)Section 115 (period of validity of personal licence) is amended as follows.

(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.

15(1)Section 120 (determination of application for grant) is amended as follows.

(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.

16(1)Section 122 (notification of determinations) is amended as follows.

(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”.

17(1)Section 123 (duty to notify licensing authority of convictions during application period) is amended as follows.

(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)”.

18(1)Section 124 (convictions coming to light after grant) is amended as follows.

(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.

19(1)Section 125(3) (form of personal licence) is amended as follows.

(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.

20(1)Section 132 (licence holder’s duty to notify licensing authority of convictions) is amended as follows.

(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)”.

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

7AAn offence under any of the Immigration Acts.

PART 4Rights of entry

22(1)Section 179 of the Licensing Act 2003 (rights of entry to investigate licensable activities) is amended as follows.

(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.

PART 5Appeals

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

24(1)Paragraph 6 (transfer of licence) is amended as follows.

(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,”.

25(1)Paragraph 7 (interim authority notice) is amended as follows.

(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.

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

27(1)Paragraph 17 (personal licences) is amended as follows.

(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)”.

28At the end insert—

PART 4Questions 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.

PART 6General

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”.

30(1)Section 193 of the Licensing Act 2003 (other definitions) is amended as follows.

(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.

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

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

PART 7Transitional 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.

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.

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.

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.

Section 37

SCHEDULE 5Private hire vehicles etc

London Hackney Carriages Act 1843 (c. 86)

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.

(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).

Metropolitan Public Carriage Act 1869 (c. 115)

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

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”.

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.

Plymouth City Council Act 1975 (c. xx)

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

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.

7(1)Section 9 (licensing of drivers of private hire vehicles) is amended as follows.

(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.

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,”.

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.

10(1)Section 13 (licensing of operators of private hire vehicles) is amended as follows.

(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”.

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.

12(1)Section 17 (qualification for drivers of hackney carriages) is amended as follows.

(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.

13(1)Section 19 (suspension and revocation of drivers’ licences) is amended as follows.

(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).

14(1)Section 20 (suspension and revocation of operators’ licences) is amended as follows.

(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.

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.

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.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

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

18(1)Section 51 (licensing of drivers of private hire vehicles) is amended as follows.

(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.

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,”.

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.

21(1)Section 55 (licensing of operators of private hire vehicles) is amended as follows.

(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”.

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.

23(1)Section 59 (qualification for drivers of hackney carriages) is amended as follows.

(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.

24(1)Section 61 (suspension and revocation of drivers’ licences) is amended as follows.

(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).

25(1)Section 62 (suspension and revocation of operators’ licences) is amended as follows.

(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.

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.

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.

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.

Civic Government (Scotland) Act 1982 (c. 45)

29The Civic Government (Scotland) Act 1982 is amended as follows.

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.

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.

32(1)Schedule 1 (licensing - further provisions as to the general system) is amended as follows.

(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 control

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.

Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10))

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.

(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.

Private Hire Vehicles (London) Act 1998 (c. 34)

34The Private Hire Vehicles (London) Act 1998 is amended as follows.

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.

36(1)Section 3 (London operator’s licences) is amended as follows.

(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”.

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).

38(1)Section 13 (London PHV driver’s licences) is amended as follows.

(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,”.

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).

40(1)Section 16 (power to suspend or revoke licences) is amended as follows.

(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.

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.

42(1)Section 32 (regulations) is amended as follows.

(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”.

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.

44In section 36 (interpretation) at the appropriate place insert—

  • “operate” has the meaning given in section 1(1);.

Taxis Act (Northern Ireland) 2008 (c. 4)

45The Taxis Act (Northern Ireland) 2008 is amended as follows.

46(1)Section 2 (operator’s licences) is amended as follows.

(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”.

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.

48(1)Section 23 (taxi driver’s licences) is amended as follows.

(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”.

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.

50(1)Section 26 (power to suspend, revoke or curtail licences) is amended as follows.

(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.

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)).

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.

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.

Transitional provision

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.

(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.

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.

(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.

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—

(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.

Section 38

SCHEDULE 6Illegal working closure notices and illegal working compliance orders

Illegal working closure notices

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.

(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.

2(1)An illegal working closure notice must—

(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.

Cancellation of illegal working closure notices

3(1)An immigration officer may by the issue of a cancellation notice cancel an illegal working closure notice if—

(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.

Service of notices

4(1)A notice under paragraph 1, 2 or 3 must be served by an immigration officer.

(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).

Illegal working compliance orders

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.

Illegal working compliance orders: adjournment of hearing

6(1)This paragraph applies where an application has been made under paragraph 5 for an illegal working compliance order.

(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.

Extension of illegal working compliance orders

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.

(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.

Variation or discharge of illegal working compliance orders

8(1)An application may be made to the court under this paragraph—

(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.

Notice and orders: appeals

9(1)An appeal against a decision—

(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.

Notices and orders: enforcement

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.

(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.

Notices and orders: offences

11(1)A person who without reasonable excuse remains on or enters premises in contravention of an illegal working closure notice commits an offence.

(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.

Access to other premises

12(1)Where—

(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).

Reimbursement of costs

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.

(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.

Exemption from liability

14(1)Each of the following—

(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).

Compensation

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.

(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.

Guidance

16(1)The Secretary of State may issue guidance about the exercise of functions under this Schedule.

(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.

Interpretation

17(1)In this Schedule—

  • “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.

Amendment of Licensing Act 2003

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.

Section 45

SCHEDULE 7Bank accounts

1The Immigration Act 2014 is amended as follows.

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).

3(1)Section 41 (regulation by Financial Conduct Authority) is amended as follows.

(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”.

4In section 42 (meaning of “bank” and “building society”), in subsections (1) and (5), for “and 41” substitute “to 41”.

5(1)Section 43 (power to amend) is amended as follows.

(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”.

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;.

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.

(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.

Section 54

SCHEDULE 8Amendments to search warrant provisions

Immigration Act 1971 (c. 77)

1The Immigration Act 1971 is amended as follows.

2(1)Section 28D (entry and search of premises) is amended as follows.

(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)”.

3(1)Section 28FB (search for personnel records with warrant) is amended as follows.

(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.

4(1)Section 28J (search warrants: safeguards) is amended as follows.

(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.

5(1)Section 28K (execution of warrants) is amended as follows.

(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.

6(1)Paragraph 25A of Schedule 2 (search of premises for nationality documents) is amended as follows.

(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)”.

UK Borders Act 2007 (c. 30)

7(1)Section 45 of the UK Borders Act 2007 (search of premises for nationality documents) is amended as follows.

(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.

Section 55

SCHEDULE 9Duty to supply nationality documents to Secretary of State: persons to whom duty applies

This is the new Schedule A1 to the Immigration and Asylum Act 1999 referred to in section 55—

Section 20A

SCHEDULE A1Persons to whom section 20A applies

Law enforcement

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 government

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 bodies

17The Gangmasters and Labour Abuse Authority.

18The Security Industry Authority.

Health bodies

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 bodies

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 officials

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 Ireland

43The Northern Ireland Housing Executive.

Section 61

SCHEDULE 10Immigration bail

PART 1Main provisions

Power to grant immigration bail

1(1)The Secretary of State may grant a person bail if—

(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).

Conditions of immigration bail

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—

(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.

Exercise of power to grant immigration bail

3(1)The Secretary of State or the First-tier Tribunal must have regard to the matters listed in sub-paragraph (2) in determining—

(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,

(b)whether the person has been convicted of an offence (whether in or outside the United Kingdom or before or after the coming into force of this paragraph),

(c)the likelihood of a person committing an offence while on immigration bail,

(d)the likelihood of the person’s presence in the United Kingdom, while on immigration bail, causing a danger to public health or being a threat to the maintenance of public order,

(e)whether the person’s detention is necessary in that person’s interests or for the protection of any other person, and

(f)such other matters as the Secretary of State or the First-tier Tribunal thinks relevant.

(3)A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 8 days beginning with the date of the person’s arrival in the United Kingdom.

(4)A person must not be granted immigration bail by the First-tier Tribunal without the consent of the Secretary of State if—

(a)directions for the removal of the person from the United Kingdom are for the time being in force, and

(b)the directions require the person to be removed from the United Kingdom within the period of 14 days beginning with the date of the decision on whether the person should be granted immigration bail.

(5)If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse to grant, immigration bail to a person, the Secretary of State or the Tribunal must give the person notice of the decision.

(6)Where the First-tier Tribunal is required under sub-paragraph (5) to a give a person notice of a decision, it must also give the Secretary of State notice of the decision.

(7)Where the decision is to grant immigration bail, a notice under sub-paragraph (5) or (6) must state—

(a)when the grant of immigration bail commences, and

(b)the bail conditions.

(8)The commencement of a grant of immigration bail may be specified to be conditional on arrangements specified in the notice being in place to ensure that the person is able to comply with the bail conditions.

Electronic monitoring condition

4(1)In this Schedule an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following—

(a)P’s location at specified times, during specified periods of time or while the arrangements are in place;

(b)P’s presence in a location at specified times, during specified periods of time or while the arrangements are in place;

(c)P’s absence from a location at specified times, during specified periods of time or while the arrangements are in place.

(2)The arrangements may in particular—

(a)require P to wear a device;

(b)require P to make specified use of a device;

(c)require P to communicate in a specified manner and at specified times or during specified periods;

(d)involve the exercise of functions by persons other than the Secretary of State or the First-tier Tribunal.

(3)If the arrangements require P to wear, or make specified use of, a device they must—

(a)prohibit P from causing or permitting damage to, or interference with the device, and

(b)prohibit P from taking or permitting action that would or might prevent the effective operation of the device.

(4)In this paragraph “specified” means specified in the arrangements.

(5)An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old.

Financial condition

5(1)In this Schedule a “financial condition” means a condition requiring the payment of a sum of money by the person to whom immigration bail is granted (“P”) or another person, in a case where P fails to comply with another condition to which P’s immigration bail is subject.

(2)A financial condition may be imposed on P only if the person imposing the condition thinks that it would be appropriate to do so with a view to ensuring that P complies with the other bail conditions.

(3)The financial condition must specify—

(a)the sum of money required to be paid,

(b)when it is to be paid, and

(c)the form and manner in which it is to be paid.

(4)A sum to be paid under a financial condition is to be paid to the person who granted the immigration bail, subject to sub-paragraph (5).

(5)If the First-tier Tribunal has directed that the power in paragraph 6(1) (power to vary bail conditions) is to be exercisable by the Secretary of State in relation to P, the sum is to be paid to the Secretary of State.

(6)No sum is required to be paid under a financial condition unless the person who is liable to make a payment under it has been given an opportunity to make representations to the person to whom it is to be paid.

(7)In England and Wales a sum payable under a financial condition is recoverable as if it were payable under an order of the county court in England and Wales.

(8)In Scotland a sum payable under a financial condition may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(9)In Northern Ireland a sum payable under a financial condition is recoverable as if it were payable under an order of a county court in Northern Ireland.

(10)Where action is taken under this paragraph for the recovery of a sum payable under a financial condition, the requirement to pay the sum is—

(a)in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;

(b)in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

Power to vary bail conditions

6(1)Subject to this paragraph and to paragraphs 7 and 8, where a person is on immigration bail—

(a)any of the conditions to which it is subject may be amended or removed, or

(b)one or more new conditions of the kind mentioned in paragraph 2(1) or (4) may be imposed on the person.

(2)The power in sub-paragraph (1) is exercisable by the person who granted the immigration bail, subject to sub-paragraphs (3) and (4).

(3)The Secretary of State may exercise the power in sub-paragraph (1) in relation to a person to whom immigration bail was granted by the First-tier Tribunal if the Tribunal so directs.

(4)If the First-tier Tribunal gives a direction under sub-paragraph (3), the Tribunal may not exercise the power in sub-paragraph (1) in relation to the person.

(5)The First-tier Tribunal may not exercise the power in sub-paragraph (1)(a) so as to amend an electronic monitoring condition.

(6)If the Secretary of State or the First-tier Tribunal exercises, or refuses to exercise, the power in sub-paragraph (1), the Secretary of State or the Tribunal must give notice to the person who is on immigration bail.

(7)Where the First-tier Tribunal is required under sub-paragraph (6) to give notice to a person, it must also give notice to the Secretary of State.

Removal etc of electronic monitoring condition: bail managed by Secretary of State

7(1)This paragraph applies to a person who—

(a)is on immigration bail—

(i)pursuant to a grant by the Secretary of State, or

(ii)pursuant to a grant by the First-tier Tribunal in a case where the Tribunal has directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and

(b)before the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d).

(2)Where the person is subject to an electronic monitoring condition, the Secretary of State—

(a)must not exercise the power in paragraph 6(1) so as to remove the condition unless sub-paragraph (3) applies, but

(b)if that sub-paragraph applies, must exercise that power so as to remove the condition.

(3)This sub-paragraph applies if the Secretary of State considers that—

(a)it would be impractical for the person to continue to be subject to the condition, or

(b)it would be contrary to that person’s Convention rights for the person to continue to be subject to the condition.

(4)If, by virtue of paragraph 2(5) or (7) or this paragraph, the person is not subject to an electronic monitoring condition, the Secretary of State—

(a)must not exercise the power in paragraph 6(1) so as to impose such a condition on the person unless sub-paragraph (5) applies, but

(b)if that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.

(5)This sub-paragraph applies if, having considered whether it would be impractical or contrary to the person’s Convention rights to impose such a condition on the person, the Secretary of State—

(a)does not consider that it would be impractical to do so, and

(b)does not consider that it would be contrary to the person’s Convention rights to do so.

Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal

8(1)This paragraph applies to a person who—

(a)is on immigration bail pursuant to a grant by the First-tier Tribunal in a case where the Tribunal has not directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and

(b)before the person was granted immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d).

(2)Where the person is subject to an electronic monitoring condition, the First-tier Tribunal—

(a)must not exercise the power in paragraph 6(1) so as to remove the condition unless sub-paragraph (3) applies, but

(b)if that sub-paragraph applies, must exercise that power so as to remove the condition.

(3)This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State considers that—

(a)it would be impractical for the person to continue to be subject to the condition, or

(b)it would be contrary to that person’s Convention rights for the person to continue to be subject to the condition.

(4)If, by virtue of paragraph 2(7) or this paragraph, the person is not subject to an electronic monitoring condition, the First-tier Tribunal—

(a)must not exercise the power in paragraph 6(1) so as to impose such a condition on the person unless sub-paragraph (5) applies, but

(b)if that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.

(5)This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State—

(a)does not consider that it would be impractical to impose such a condition on the person, and

(b)does not consider that it would be contrary to the person’s Convention rights to impose such a condition on the person.

Powers of Secretary of State to enable person to meet bail conditions

9(1)Sub-paragraph (2) applies where—

(a)a person is on immigration bail subject to a condition requiring the person to reside at an address specified in the condition, and

(b)the person would not be able to support himself or herself at the address unless the power in sub-paragraph (2) were exercised.

(2)The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of that person at that address.

(3)But the power in sub-paragraph (2) applies only to the extent that the Secretary of State thinks that there are exceptional circumstances which justify the exercise of the power.

(4)The Secretary of State may make a payment to a person on immigration bail in respect of travelling expenses which the person has incurred or will incur for the purpose of complying with a bail condition.

(5)But the power in sub-paragraph (4) applies only to the extent that the Secretary of State thinks that there are exceptional circumstances which justify the making of the payment.

Arrest for breach of immigration bail

10(1)An immigration officer or a constable may arrest without warrant a person on immigration bail if the immigration officer or constable—

(a)has reasonable grounds for believing that the person is likely to fail to comply with a bail condition, or

(b)has reasonable grounds for suspecting that the person is failing, or has failed, to comply with a bail condition.

(2)Sub-paragraph (3) applies if an appropriate judicial officer is satisfied that there are reasonable grounds for believing that a person liable to be arrested under this paragraph is to be found on any premises.

(3)The appropriate judicial officer may issue a warrant authorising any immigration officer or constable to enter, by reasonable force if necessary, the premises named in the warrant for the purposes of searching for and arresting that person.

(4)Sections 28J and 28K of the Immigration Act 1971 (warrants: application and execution) apply, with any necessary modifications, to warrants under sub-paragraph (3).

(5)Sub-paragraph (6) applies where—

(a)a warrant under this paragraph is issued for the purposes of the arrest of a person under this paragraph, and

(b)an immigration officer or a constable enters premises in reliance on the warrant and detains a person on the premises.

(6)A detainee custody officer may enter the premises, if need be by reasonable force, for the purpose of carrying out a search.

(7)In sub-paragraph (6)

  • “detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (detained persons: escort and custody), and

  • “search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).

(8)Paragraphs 25A to 25C of Schedule 2 to the Immigration Act 1971 (entry and search of persons and premises) apply in relation to a person arrested under this paragraph as they apply in relation to a person arrested under that Schedule.

(9)A person arrested under this paragraph—

(a)must, as soon as is practicable after the person’s arrest, be brought before the relevant authority, and

(b)may be detained under the authority of the Secretary of State in the meantime.

(10)The relevant authority is—

(a)the Secretary of State, if the Secretary of State granted immigration bail to the arrested person or the First-tier Tribunal has directed that the power in paragraph 6(1) is exercisable by the Secretary of State in relation to that person, or

(b)otherwise, the First-tier Tribunal.

(11)Where an arrested person is brought before the relevant authority, the relevant authority must decide whether the arrested person has broken or is likely to break any of the bail conditions.

(12)If the relevant authority decides the arrested person has broken or is likely to break any of the bail conditions, the relevant authority must—

(a)direct that the person is to be detained under the provision mentioned in paragraph 1(1) under which the person is liable to be detained, or

(b)grant the person bail subject to the same or different conditions, subject to sub-paragraph (14).

(13)If the relevant authority decides the person has not broken and is not likely to break any of the bail conditions, the relevant authority must grant the person bail subject to the same conditions (but this is subject to sub-paragraph (14), and does not prevent the subsequent exercise of the powers in paragraph 6).

(14)The power in sub-paragraph (12) to grant bail subject to the same conditions and the duty in sub-paragraph (13) to do so do not affect the requirement for the grant of bail to comply with paragraph 2.

(15)In this paragraph—

  • “appropriate judicial officer” means—

    (a)

    in relation to England and Wales, a justice of the peace;

    (b)

    in relation to Scotland, the sheriff or a justice of the peace;

    (c)

    in relation to Northern Ireland, a lay magistrate;

  • “premises”—

    (a)

    in relation to England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;

    (b)

    in relation to Scotland, has the same meaning as in section 412 of the Proceeds of Crime Act 2002;

    (c)

    in relation to Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)).

Duty to arrange consideration of bail

11(1)Subject as follows, the Secretary of State must arrange a reference to the First-tier Tribunal for the Tribunal to decide whether to grant bail to a person if—

(a)the person is being detained under a provision mentioned in paragraph 1(1)(a) or (c), and

(b)the period of four months beginning with the relevant date has elapsed.

(2)In sub-paragraph (1)(b) “the relevant date” means—

(a)the date on which the person’s detention began, or

(b)if a relevant event has occurred in relation to the person since that date, the last date on which such an event has occurred in relation to the person.

(3)The following are relevant events in relation to a person for the purposes of sub-paragraph (2)(b)—

(a)consideration by the First-tier Tribunal of whether to grant immigration bail to the person;

(b)withdrawal by the person of an application for immigration bail treated as made by the person as the result of a reference under this paragraph;

(c)withdrawal by the person of a notice given under sub-paragraph (6)(b).

(4)The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person—

(a)includes such consideration regardless of whether there is a hearing or the First-tier Tribunal makes a determination in the case in question;

(b)includes the dismissal of an application by virtue of provision made under paragraph 12(2).

(5)The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person does not include such consideration in a case where—

(a)the person has made an application for bail, other than one treated as made by the person as the result of a reference under this paragraph, and

(b)the First-tier Tribunal is prevented from granting bail to the person by paragraph 3(4) (requirement for Secretary of State’s consent to bail).

(6)The duty in sub-paragraph (1) to arrange a reference does not apply if—

(a)section 3(2) of the Special Immigration Appeals Commission Act 1997 (persons detained in interests of national security etc) applies to the person, or

(b)the person has given to the Secretary of State, and has not withdrawn, written notice that the person does not wish the person’s case to be referred to the First-tier Tribunal under this paragraph.

(7)A reference to the First-tier Tribunal under this paragraph in relation to a person is to be treated for all purposes as an application by that person for the grant of bail under paragraph 1(3).

Tribunal Procedure Rules

12(1)Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under this Schedule and matters arising out of such applications.

(2)Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to grant a person immigration bail, the Tribunal must dismiss without a hearing any further application for the person to be granted immigration bail which—

(a)is an application to which sub-paragraph (3) applies, but

(b)is not an application to which sub-paragraph (4) applies.

(3)This sub-paragraph applies to an application made during the period of 28 days beginning with the date of the decision mentioned in sub-paragraph (2).

(4)This sub-paragraph applies to an application on which the person demonstrates there has been a material change in the person’s circumstances.

Transitional provision

13(1)Regulations under section 92(1) may, in particular, provide for a person to whom this sub-paragraph applies to be treated, for such purposes as may be specified, as having been granted immigration bail in such circumstances and subject to such conditions as may be specified.

(2)Sub-paragraph (1) applies to a person who, at the specified time, was not in detention on the basis that—

(a)the person had been temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the Immigration Act 1971,

(b)the person had been released from detention under that paragraph,

(c)the person was liable to be detained under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 but, by virtue of a direction of the Secretary of State or the court, was not so detained,

(d)the person was liable to be detained under paragraph 2(2) or (3) of that Schedule but was not so detained,

(e)the person had been released from detention under section 36(3) of the UK Borders Act 2007, or

(f)the person had been released on bail from detention under any provision of the Immigration Acts.

(3)Regulations under section 92(1) may, in particular—

(a)make provision about the circumstances in which the power in paragraph 6(1) may or must be exercised so as to impose an electronic monitoring condition on a person to whom this sub-paragraph applies;

(b)enable the Secretary of State to exercise a discretion in determining whether an electronic monitoring condition should be imposed on such a person,

and may, in particular, do so by providing for paragraph 7 or 8 to have effect with modifications in relation to such a person.

(4)Sub-paragraph (3) applies to a person who—

(a)by virtue of regulations under section 92(1) is treated as having been granted immigration bail as a result of falling within—

(i)sub-paragraph (2)(c), (d) or (e), or

(ii)sub-paragraph (2)(f) on the basis that the person had been released on bail from detention under paragraph 2 of Schedule 3 to the Immigration Act 1971,

(b)is not treated as being subject to an electronic monitoring condition, and

(c)is not otherwise subject to an electronic monitoring condition.

(5)Sub-paragraph (3) applies to a person who—

(a)is on immigration bail pursuant to a grant before the coming into force of paragraph 2(2) and (3), or the coming into force of those provisions in relation to grants of that kind,

(b)before the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d), and

(c)is not subject to an electronic monitoring condition.

(6)In this paragraph “specified” means specified in regulations under section 92(1).

PART 2Amendments to other Acts

Immigration Act 1971 (c. 77)

14The Immigration Act 1971 is amended as follows.

15In section 11(1) (construction of references to entry)—

(a)omit “, or temporarily admitted or released while liable to detention,”,

(b)omit “or by Part III of the Immigration and Asylum Act 1999”, and

(c)for “or by section 68 of the Nationality, Immigration and Asylum Act 2002” substitute “or on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016”.

16(1)Section 24 (illegal entry and other similar offences) is amended as follows.

(2)In subsection (1)—

(a)omit paragraph (e), and

(b)at the end of paragraph (g) insert ;

(h)if the person is on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 and, without reasonable excuse, the person breaches a bail condition within the meaning of that Schedule.

(3)In subsection (3) for “28” substitute “28(1)”.

(4)After that subsection insert—

(3A)The extended time limit for prosecutions which is provided for by section 28(1A) below shall apply to offences under subsection (1)(h) above.

17(1)Section 28 (proceedings for offences) is amended as follows.

(2)In subsection (1) for “24” substitute “24(3)”.

(3)After that subsection insert—

(1A)Where the offence is one to which, under section 24(3A), an extended time limit for prosecutions is to apply, then—

(a)an information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid—

(i)within the period of six months beginning with the date of the commission of the offence, or

(ii)within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i),

(b)summary proceedings for the offence may in Scotland be commenced—

(i)within the period of six months beginning with the date of the commission of the offence, or

(ii)within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i), and

(c)a complaint charging the commission of an offence under this paragraph may in Northern Ireland be heard and determined by a magistrates’ court if it is made—

(i)within the period of six months beginning with the date of the commission of the offence, or

(ii)within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i).

(4)In subsection (2) for “subsection (1)(b)” substitute “subsections (1)(b) and (1A)(b)”.

18In section 28B(5) (meaning of “relevant offence”) for “(e) or (f)” substitute “(f) or (h)”.

19In section 28D(4) (meaning of “relevant offence”) for “(e) or (f)” substitute “(f) or (h)”.

20In Schedule 2 (administrative provisions as to control on entry etc) omit paragraphs 21 to 25 and 29 to 34.

21(1)Schedule 3 (supplementary provisions as to deportation) is amended as follows.

(2)In paragraph 2—

(a)in sub-paragraph (1)—

(i)omit the words from “, unless” in the first place it appears to “below,”, and

(ii)for the words from “unless” in the second place it appears to the end of the sub-paragraph substitute unless—

(a)the court by which the recommendation is made grants bail to the person, or

(b)the person is released on immigration bail under Schedule 10 to the Immigration Act 2016.”,,

(b)in sub-paragraph (1A) for the words from “direct” to the end of the sub-paragraph substitute “release the person on bail without setting aside the recommendation.”,

(c)in sub-paragraph (3) for the words from “unless” to the end of the sub-paragraph substitute “unless he is released on immigration bail under Schedule 10 to the Immigration Act 2016.”, and

(d)for sub-paragraphs (4A) to (6) substitute—

(5)The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under sub-paragraph (1) or (1A).

(6)If the court grants bail to a person under sub-paragraph (1) or (1A), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule.

(7)A reference in any provision of, or made under, an enactment other than this paragraph to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under sub-paragraph (1) or (1A) or (as the case may be) a condition imposed by the court on the grant of such bail.

(3)Omit paragraphs 3 to 10.

Special Immigration Appeals Commission Act 1997 (c. 68)

22The Special Immigration Appeals Commission Act 1997 is amended as follows.

23In section 3(1) (jurisdiction: bail) for “Schedule 2 to the Immigration Act 1971” substitute “Schedule 10 to the Immigration Act 2016”.

24(1)Section 5 (procedure in relation to jurisdiction under sections 2 and 3) is amended as follows.

(2)In subsection (4)(a) for “Part II of Schedule 2 to the Immigration Act 1971” substitute “Schedule 10 to the Immigration Act 2016”.

(3)In subsection (5) for “paragraphs 22 to 24 of Schedule 2 to the Immigration Act 1971” substitute “Schedule 10 to the Immigration Act 2016”.

(4)In subsection (5A)—

(a)for “bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971” substitute “immigration bail under Schedule 10 to the Immigration Act 2016”, and

(b)for “bail” in the second place it appears substitute “immigration bail”.

25For Schedule 3 substitute—

Section 3

SCHEDULE 3Bail: Modifications of Schedule 10 to the Immigration Act 2016

1Paragraph 1(3) (power to grant bail) has effect as if—

(a)for “The First-tier Tribunal” there were substituted “The Special Immigration Appeals Commission”, and

(b)for “the Tribunal” there were substituted “the Commission”.

2Paragraph 2 (conditions of immigration bail) has effect as if—

(a)in sub-paragraphs (1)(a), (7) and (8) for “the First-tier Tribunal” there were substituted “the Special Immigration Appeals Commission”, and

(b)in sub-paragraph (7) for “the Tribunal” there were substituted “the Commission”.

3Paragraph 3 (exercise of power to grant immigration bail) has effect as if—

(a)in sub-paragraphs (1), (2)(f), (3), (4), (5) and (6) for “the First-tier Tribunal” there were substituted “the Special Immigration Appeals Commission”, and

(b)in sub-paragraph (5) for “the Tribunal” there were substituted “the Commission”.

4Paragraph 4(2)(d) (arrangements under electronic monitoring condition) has effect as if for “the First-tier Tribunal” there were substituted “the Special Immigration Appeals Commission”.

5Paragraph 5(5) (payment of sum under financial condition) has effect as if for “the First-tier Tribunal” there were substituted “the Special Immigration Appeals Commission”.

6Paragraph 6 (power to vary bail conditions) has effect as if—

(a)in sub-paragraphs (3), (4), (6) and (7) for “the First-tier Tribunal” there were substituted “the Special Immigration Appeals Commission”,

(b)in sub-paragraph (5) for “The First-tier Tribunal” there were substituted “The Special Immigration Appeals Commission,”, and

(c)in sub-paragraphs (3), (4) and (6) for “the Tribunal” there were substituted “the Commission”.

7Paragraph 7(1)(a)(ii) (removal etc of electronic monitoring condition: bail managed by Secretary of State) has effect as if—

(a)for “the First-tier Tribunal” there were substituted “the Special Immigration Appeals Commission”, and

(b)for “the Tribunal” there were substituted “the Commission”.

8Paragraph 8 (amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal) has effect as if—

(a)in sub-paragraphs (1)(a), (2), (3), (4) and (5) for “the First-tier Tribunal” there were substituted “the Special Immigration Appeals Commission”, and

(b)in sub-paragraph (1)(a) for “the Tribunal” there were substituted “the Commission”.

9Paragraph 10(10) (meaning of “relevant authority”) has effect as if for “the First-tier Tribunal” in both places there were substituted “the Special Immigration Appeals Commission”.

Immigration and Asylum Act 1999 (c. 33)

26The Immigration and Asylum Act 1999 is amended as follows.

27In section 10(9) (removal of persons unlawfully in the United Kingdom: application of Schedule 2 to the Immigration Act 1971) omit paragraphs (h) and (i).

28In section 53 (applications for bail in immigration cases) omit subsection (4).

29In section 95(9A) (support for asylum seekers etc: matters to which conditions may relate) in paragraph (b) for the words from “restriction” to the end of the paragraph substitute “condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail).”

30(1)Section 141 (fingerprinting: persons temporarily admitted to the United Kingdom) is amended as follows.

(2)In subsection (7)(b) for “temporarily admitted under paragraph 21 of Schedule 2 to the 1971 Act” substitute “granted immigration bail under Schedule 10 to the Immigration Act 2016”.

(3)In subsection (8)(b) for “admit him temporarily” substitute “grant him bail”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

31The Nationality, Immigration and Asylum Act 2002 is amended as follows.

32(1)Section 23 (power for residence restriction to include requirement to reside at accommodation centre) is amended as follows.

(2)In subsection (1) for “restriction” substitute “condition”.

(3)For subsection (2) substitute—

(2)In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.

(4)In subsection (4) for “restriction” substitute “condition”.

33In section 30 (conditions of residence at accommodation centres) in subsection (7) for the words from “restriction” to the end of the subsection substitute “condition imposed under Schedule 10 to the Immigration Act 2016.”

34(1)Section 62 (detention by the Secretary of State) is amended as follows.

(2)In subsection (3) omit paragraph (b) (but not the “and” at the end of it).

(3)Omit subsection (4).

35Omit sections 68 (bail) and 69 (reporting restriction: travel expenses).

36(1)Section 70 (power for residence restriction to take account of induction programmes for asylum seekers) is amended as follows.

(2)In subsection (1) for “restriction” in both places substitute “condition”.

(3)For subsection (2) substitute—

(2)In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.

(4)In subsection (5) for “restrictions” substitute “conditions”.

37(1)Section 71 (asylum seeker: residence etc restriction) is amended as follows.

(2)In subsection (2)—

(a)for the words from “restriction” to “restrictions)” substitute “condition which may be imposed under Schedule 10 to the Immigration Act 2016”, and

(b)for “that Schedule” substitute “Schedule 2 to the Immigration Act 1971”.

(3)In subsection (3)—

(a)for “restriction” in each place substitute “condition”,

(b)for “paragraph 21 of that Schedule” substitute “Schedule 10 to the Immigration Act 2016”, and

(c)for “that Schedule” substitute “Schedule 2 to the Immigration Act 1971”.

(4)In subsection (4) for “restriction” substitute “condition”.

Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)

38In the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 omit section 36 (electronic monitoring).

Immigration, Asylum and Nationality Act 2006 (c. 13)

39In section 24 of the Immigration, Asylum and Nationality Act 2006 (temporary admission)—

(a)in the heading, for “Temporary admission, &c” substitute “Immigration bail”,

(b)for “paragraph 21(1) of Schedule 2 to the Immigration Act 1971 (c 77) (temporary admission or release from detention)” substitute “a grant of immigration bail to the person under Schedule 10 to the Immigration Act 2016”, and

(c)in paragraph (b) for “paragraph 21(2)” substitute “that Schedule as a condition of that person’s immigration bail”.

UK Borders Act 2007 (c. 30)

40(1)Section 36 of the UK Borders Act 2007 (detention) is amended as follows.

(2)In subsection (2) for the words from “unless” to the end of the subsection substitute “unless the person is granted immigration bail under Schedule 10 to the Immigration Act 2016.”

(3)In subsection (3) for “direct release” substitute “release a person on bail”.

(4)After subsection (3) insert—

(3A)The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under subsection (3).

(3B)If the court grants bail to a person under subsection (3), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule.

(3C)A reference in any provision of, or made under, an enactment other than this section to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under subsection (3) or (as the case may be) a condition imposed by the court on the grant of such bail.

(5)In subsection (4) omit “(including provisions about bail)”.

(6)Omit subsection (5).

Criminal Justice and Immigration Act 2008 (c. 4)

41The Criminal Justice and Immigration Act 2008 is amended as follows.

42In section 132(4) (special immigration status: effect of designation) in paragraph (b) for the words from “temporary admission” to the end of the paragraph substitute “immigration bail under Schedule 10 to the Immigration Act 2016.”

43In section 133 (special immigration status: conditions) for subsections (3) and (4) substitute—

(3)If a condition is imposed under this section on a designated person, the person imposing the condition may also impose an electronic monitoring condition within the meaning of Schedule 10 to the Immigration Act 2016 on the designated person.

(3A)Paragraph 4 (electronic monitoring conditions) of that Schedule applies in relation to a condition imposed under subsection (3) as it applies to an electronic monitoring condition imposed under that Schedule.

(4)Paragraph 9(4) and (5) (bail conditions: travelling expenses) of that Schedule applies in relation to conditions imposed under subsection (2)(c) as it applies to conditions imposed under that Schedule.

Section 66

SCHEDULE 11Support for certain categories of migrant

PART 1Amendments of the Immigration Acts

Abolition of power to support certain categories of migrant

1Section 4 of the Immigration and Asylum Act 1999 (provision of accommodation for failed asylum-seekers, etc) is repealed.

2In consequence of the repeal made by paragraph 1—

(a)in section 26A of the Immigration Act 1971, omit subsection (1)(b)(ii);

(b)in the following provisions, omit “section 4 or”—

(i)section 3A(7A) of the Protection from Eviction Act 1977;

(ii)paragraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15));

(iii)section 23A(5A) of the Rent (Scotland) Act 1984;

(iv)paragraph 4A(1) of Schedule 1 to the Housing Act 1985;

(v)paragraph 11B of Schedule 4 to the Housing (Scotland) Act 1988;

(vi)paragraph 12A(1) of Schedule 1 to the Housing Act 1988;

(c)in section 99 of the Immigration and Asylum Act 1999, in subsections (1) and (4), omit “4,”;

(d)in section 103 of that Act—

(i)omit subsection (2A), and

(ii)in subsections (6) and (7), for “section 4 or 95” substitute “section 95”;

(e)in section 118(1)(b) of that Act, omit “4,”;

(f)in section 166(5) of that Act, omit paragraph (za);

(g)in the Nationality, Immigration and Asylum Act 2002—

(i)in section 23, omit subsection (5),

(ii)in section 26, in subsection (3), omit “4,”,

(iii)omit section 49,

(iv)in section 51, in subsection (2), omit paragraph (b), and

(v)in section 55, in subsection (2)(a), omit “4,”;

(h)in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, omit section 10;

(i)in the Immigration, Asylum and Nationality Act 2006, omit section 43(1)(b), (2), (5), (6) and (7);

(j)in the UK Borders Act 2007—

(i)in section 17, in subsection (1)(a), omit “(and section 4)”, and

(ii)in section 40, in subsection (1), omit paragraph (e);

(k)in section 134 of the Criminal Justice and Immigration Act 2008, omit subsection (5);

(l)in Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in paragraph 31(1)(a), omit “4 or” and “persons temporarily admitted and”;

(m)in paragraph 8 of Schedule 3 to the Immigration Act 2014, omit paragraph (a).

Power to support people making further submissions in relation to protection claims

3(1)Section 94 of the Immigration and Asylum Act 1999 (interpretation of Part 6) is amended as follows.

(2)In subsection (1)—

(a)for the definition of “asylum-seeker” substitute—

  • “asylum-seeker” means a person falling within subsection (2A) or (2B) (but see also subsection (3C));;

(b)omit the definition of “claim for asylum”;

(c)before the definition of “housing accommodation” insert—

  • “further qualifying submissions” has the meaning given by subsection (2C);;

(d)after the definition of “Northern Ireland authority” insert—

  • “protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002;.

(3)After subsection (2) insert—

(2A)A person is an asylum-seeker for the purposes of this Part if—

(a)the person is at least 18 years old,

(b)the person has made a protection claim, and

(c)the person’s claim—

(i)has been recorded by the Secretary of State, but

(ii)has not been determined.

(2B)A person is also an asylum-seeker for the purposes of this Part if—

(a)the person is at least 18 years old,

(b)the person has made further qualifying submissions (see subsection (2C)), and

(c)the person’s submissions—

(i)have been recorded by the Secretary of State, but

(ii)have not been determined before the end of such period as may be prescribed.

(2C)A person makes “further qualifying submissions” if—

(a)the person makes submissions to the Secretary of State that the person’s removal from the United Kingdom would breach any of the obligations mentioned in section 82(2)(a)(i) or (ii) of the Nationality, Immigration and Asylum Act 2002 (protection claims), and

(b)the submissions fall to be considered by the Secretary of State under paragraph 353 of the immigration rules.

(4)In subsection (3), for “claim for asylum” substitute “protection claim”.

(5)After subsection (3) insert—

(3A)For the purposes of this Part, further qualifying submissions made by a person are determined—

(a)at the end of a prescribed period beginning with the relevant day (see subsection (3B)), or

(b)in a case where no period is prescribed for the purposes of paragraph (a), at the end of the relevant day.

(3B)In subsection (3A) “the relevant day” means the day on which the Secretary of State notifies the person that the submissions made by the person are to be—

(a)accepted,

(b)rejected without being treated as a fresh protection claim, or

(c)treated as a fresh protection claim.

(3C)If—

(a)further qualifying submissions made by a person are rejected without being treated as a fresh protection claim, and

(b)the person is granted permission to apply for judicial review of that rejection,

the person is to be treated as an asylum-seeker for the purposes of this Part during the review period (see subsection (3D)).

(3D)In subsection (3C) “the review period” means the period—

(a)beginning with the day on which permission to apply for judicial review is granted, and

(b)ending with—

(i)a prescribed period beginning with the day on which the judicial review is disposed of, or

(ii)in a case where no period is prescribed for the purposes of sub-paragraph (i), that day.

(6)In subsection (8), after “subsection (3)” insert “or (3B)”.

4In consequence of the repeal made by paragraph 3(2)(b)—

(a)in section 96 of the Immigration and Asylum Act 1999 (ways in which support may be provided), in subsection (1)(c), for “claim for asylum” substitute “protection claim”;

(b)in section 141 of that Act (fingerprinting)—

(i)in subsections (7)(e), (8)(e) and (9)(e), for “claim for asylum” substitute “protection claim”, and

(ii)in subsection (15), for ““Claim for asylum”” substitute ““Protection claim””;

(c)in section 167 of that Act (interpretation), in subsection (1), in the definition of “claim for asylum”, for “Parts V and VI and section 141” substitute “Part 5”;

(d)in Schedule 8 to that Act (provision of support: regulations), in paragraph 9(2)(b), for “claim for asylum” substitute “protection claim”;

(e)in section 135 of the Criminal Justice and Immigration Act 2008 (support: supplemental), in subsection (5), for “claim for asylum” substitute “protection claim”.

Power to support failed asylum-seekers

5Part 6 of the Immigration and Asylum Act 1999 (support for asylum-seekers) is amended as follows.

6The heading of the Part becomes “Support for asylum-seekers, etc”.

7(1)Section 94 (interpretation of Part 6) is amended as follows.

(2)In subsection (1)—

(a)in the definition of “dependant”, after “asylum-seeker” insert “, a failed asylum-seeker”;

(b)after the definition of “the Executive” insert—

  • “failed asylum-seeker” has the meaning given by subsection (2D);;

(c)for the definition of “supported person” substitute—

  • “supported person” means—

    (a)

    in relation to support under section 95, an asylum-seeker, or a dependant of an asylum-seeker, who has applied for support and for whom support is provided under that section, and

    (b)

    in relation to support under section 95A, a failed asylum-seeker, or a dependant of a failed asylum-seeker, who has applied for support and for whom support is provided under that section.

(3)In subsection (2), after “section 95” insert “or 95A”.

(4)After subsection (2C) (inserted by paragraph 3(3) above) insert—

(2D)A person is a failed asylum-seeker for the purposes of this Part if—

(a)the person is at least 18 years old,

(b)the person—

(i)was an asylum-seeker, or

(ii)would have been an asylum-seeker at any time if the person had been at least 18 years old at that time,

(c)the person’s protection claim has been rejected, and

(d)the person is not an asylum-seeker.

(5)Omit subsections (5) and (6).

8In section 95 (persons for whom support may be provided), the heading becomes “Support for asylum-seekers, etc”.

9After section 95 insert—

95ASupport for failed asylum-seekers, etc who are unable to leave UK

(1)The Secretary of State may provide, or arrange for the provision of, support for a person, for such period or periods as may be prescribed, if—

(a)the person is a failed asylum-seeker, or a dependant of a failed asylum-seeker,

(b)an application for support under this section is made in respect of the person which meets such requirements as may be prescribed,

(c)it appears to the Secretary of State that the person is destitute, or is likely to become destitute within such period as may be prescribed, and

(d)the person faces a genuine obstacle to leaving the United Kingdom.

(2)Subsections (3) to (8) of section 95 (meaning of “destitute”) apply for the purposes of this section as they apply for the purposes of that section.

(3)Regulations made by the Secretary of State may make provision for determining what is, or is not, to be regarded as a genuine obstacle to leaving the United Kingdom for the purposes of this section.

(4)The Secretary of State may make regulations prescribing other criteria to be used in determining—

(a)whether or not to provide support, or arrange for the provision of support, for a person under this section;

(b)whether or not to continue to provide support, or arrange for the provision of support, for a person under this section.

(5)Regulations under subsection (4) may, in particular—

(a)provide for the provision of support (or the continuation of the provision of support) to be subject to conditions;

(b)provide for the provision of support (or the continuation of the provision of support) to be a matter for the Secretary of State’s discretion to a prescribed extent or in cases of a prescribed description.

(6)A condition imposed by regulations under subsection (5)(a) may, in particular, relate to any of the following—

(a)any matter relating to the use of the support provided;

(b)compliance with a condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail);

(c)the person’s performance of, or participation in, community activities in accordance with arrangements made by the Secretary of State.

(7)A copy of any conditions imposed by regulations under subsection (5)(a) must be given to the supported person.

(8)For the purposes of subsection (6)(c)—

(a)“community activities” means activities that appear to the Secretary of State to be beneficial to the public or a section of the public, and

(b)the Secretary of State may, in particular—

(i)appoint one person to supervise or manage the performance of, or participation in, activities by another person;

(ii)enter into a contract (with a local authority or any other person) for the provision of services by way of making arrangements for community activities in accordance with this section;

(iii)pay, or arrange for the payment of, allowances to a person performing or participating in community activities in accordance with arrangements under this section.

(9)Regulations by virtue of subsection (6)(c) may, in particular, provide for a condition requiring the performance of, or participation in, community activities to apply to a person only if—

(a)accommodation is to be, or is being, provided for the person under this section, and

(b)the Secretary of State has made arrangements for community activities in an area that includes the place where the accommodation is to be, or is being, provided.

(10)A local authority or other person may undertake to manage or participate in arrangements for community activities in accordance with this section.

(11)The powers conferred by Schedule 8 (supplementary regulation-making powers) are exercisable with respect to the powers conferred by this section as they are exercisable with respect to the powers conferred by section 95, but with the modification in subsection (12).

(12)Paragraph 9 of Schedule 8 (notice to quit) has effect with respect to the powers conferred by this section as if sub-paragraph (2)(b) were omitted.

10(1)Section 96 (ways in which support may be provided) is amended as follows.

(2)In subsection (1)—

(a)after “section 95” insert “or 95A”;

(b)in paragraph (c), for “the asylum-seeker” substitute “an asylum-seeker”;

(c)in paragraph (d)—

(i)for “the asylum-seeker” substitute “an asylum-seeker”, and

(ii)after “dependants” insert “, or a failed asylum-seeker and his dependants,”;

(d)in paragraph (e)—

(i)for “the asylum-seeker” substitute “an asylum-seeker”, and

(ii)after “dependants” insert “, or a failed asylum-seeker and his dependants,”.

(3)After subsection (1) insert—

(1A)Support under section 95A may, in particular, be provided in the form of vouchers which may be exchanged for goods or services (as well as in the form of cash).

(4)In subsection (2), after “section 95” insert “or 95A”.

11(1)Section 97 (supplemental) is amended as follows.

(2)In subsection (1)—

(a)after “section 95” insert “or 95A”;

(b)after “regard to” insert “the following”;

(c)in paragraph (a), at the beginning insert “in the case of the provision of accommodation under section 95,”.

(3)In subsections (4), (5) and (7), after “section 95” insert “or 95A”.

(4)After subsection (7) insert—

(8)A tenancy is not a Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10)) if it is granted in order to provide accommodation under section 95A.

(9)A tenancy which would be a Scottish secure tenancy but for subsection (8) becomes a Scottish secure tenancy if the landlord notifies the tenant that it is to be regarded as such.

12In section 98, the heading becomes “Temporary support for asylum-seekers, etc”.

13After section 98 insert—

98ATemporary support for failed asylum-seekers, etc

(1)The Secretary of State may provide, or arrange for the provision of, support for persons within subsection (2) who it appears to the Secretary of State—

(a)may be destitute, and

(b)may face a genuine obstacle to leaving the United Kingdom.

(2)The persons referred to in subsection (1) are—

(a)failed asylum-seekers, and

(b)dependants of failed asylum-seekers.

(3)Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95A.

(4)Subsections (3) to (12) of section 95A apply for the purposes of this section as they apply for the purposes of that section.

14(1)Section 99 (provision of support by local authorities) is amended as follows.

(2)In subsection (1), for “or 98” substitute “95A, 98 or 98A”.

(3)In subsection (3)—

(a)after “section 95” insert “or 95A”;

(b)for “section 96(1) and (2)” substitute “section 96(1) to (2)”.

(4)In subsection (4), for “or 98” substitute “95A, 98 or 98A”.

15In section 100 (local authority and other assistance for Secretary of State), in subsection (1), after “section 95” insert “or 95A”.

16In section 101 (reception zones), in subsection (3), after “section 95” (in both places where it occurs) insert “or 95A”.

17In section 112 (recovery of expenditure on support: misrepresentation etc), in subsections (1)(b) and (3), for “section 95 or 98” substitute “section 95, 95A, 98 or 98A”.

18In section 113 (recovery of expenditure on support from sponsor), in subsections (1)(b), (4) and (5)(a), after “section 95” insert “or 95A”.

19(1)Section 114 (overpayments) is amended as follows.

(2)In subsection (1), for “section 95 or 98” substitute “section 95, 95A, 98 or 98A”.

(3)In subsection (4), for “section 95” substitute “section 95, 95A or 98A”.

20In section 118 (housing authority accommodation), in subsection (1)(b), for “or 98” substitute “95A, 98 or 98A”.

21(1)Section 122 (support for children) is amended as follows.

(2)In subsection (1), after “section 95” insert “or 95A”.

(3)In subsection (2), after “section 95” insert “or (as the case may be) 95A”.

(4)In subsections (3) and (4), after “section 95” insert “or 95A”.

(5)In subsection (5)—

(a)in paragraph (b)(i), after “section 95” insert “or 95A”, and

(b)in paragraph (b)(ii), after “section 95” insert “or (as the case may be) 95A”.

22(1)Section 125 (entry of premises) is amended as follows.

(2)In subsection (1), for “section 95 or 98” substitute “section 95, 95A, 98 or 98A”.

(3)In subsection (2)—

(a)in paragraph (b), at the beginning insert “in the case of accommodation provided under section 95 or 98,”;

(b)after that paragraph insert—

(ba)in the case of accommodation provided under section 95A or 98A, the accommodation is being used for any purpose other than the accommodation of the failed asylum-seeker or any dependant of his,.

23In section 127 (requirement to supply information about redirection of post), in subsection (1)(c), after “asylum-seekers” insert “or failed asylum-seekers”.

24(1)Section 166 (regulations and orders) is amended as follows.

(2)In subsection (5) (regulations subject to the affirmative procedure) for the “or” at the end of paragraph (c) substitute—

(ca)section 95A, or.

(3)After subsection (5) insert—

(5A)No regulations under paragraph 1 of Schedule 8 which make provision with respect to the powers conferred by section 95A are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(5B)Subsection (5A) does not apply to regulations under paragraph 1 of that Schedule which make provision of the kind mentioned in paragraph 3(a) of that Schedule.

(4)In subsection (6) (regulations subject to the negative procedure) for the “or” at the end of paragraph (a) substitute—

(aa)under the provision mentioned in subsection (5A) and containing regulations to which that subsection applies, or.

25In section 26A of the Immigration Act 1971 (registration card), in subsection (1)(b), after sub-paragraph (i) insert—

(ia)a claim for support under section 95A of the Immigration and Asylum Act 1999 (whether or not made by that person).

26(1)The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2)In section 18 (definition of asylum-seeker for purposes of Part 2), omit subsection (2).

(3)In section 26 (withdrawal of support), in subsection (3)—

(a)for “95 or 98” substitute “95, 95A, 98 or 98A”;

(b)omit “(asylum-seeker)”.

(4)In section 35—

(a)in subsection (2), for “section 95 or 98” substitute “section 95, 95A, 98 or 98A”;

(b)in subsection (3), after “section 95” insert “or 95A”.

(5)In section 43—

(a)in subsection (1), for “asylum-seeker” substitute “asylum-seekers and failed asylum-seekers, etc”;

(b)the heading of that section becomes “Form of support under Part 6 of the Immigration and Asylum Act 1999”.

(6)In section 51 (choice of form of support), in subsection (2), omit the “and” after paragraph (b) and after paragraph (c) insert , and

(d)sections 95A and 98A of that Act (support for destitute failed asylum-seekers).

(7)In section 55 (late claim for asylum: refusal of support), in subsection (2), after paragraph (a) insert—

(aa)sections 95A and 98A of that Act (support for failed asylum-seeker, &c),.

(8)In Schedule 3 (withholding and withdrawal of support)—

(a)omit paragraph 7A;

(b)in paragraph 14(1) and (2), for “, 7 or 7A” substitute “or 7”.

27In section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (failed asylum-seekers: withdrawal of support)—

(a)omit subsections (1) and (4);

(b)in subsection (3)(a) and (b), omit “other than paragraph 7A”.

28In the Immigration, Asylum and Nationality Act 2006, omit section 44 (power to repeal paragraph 7A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002).

29In section 40 of the UK Borders Act 2007 (supply of Revenue and Customs information), in subsection (1)(f), for “asylum-seekers and their dependants” substitute “persons”.

30In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements), in paragraph 8 (accommodation provided by virtue of immigration provisions)—

(a)in paragraph (b) after “95” insert “or 95A”, and

(b)in paragraph (c) after “98” insert “or 98A”.

Accommodation centres: definition of “asylum-seeker” etc

31(1)Section 18 of the Nationality, Immigration and Asylum Act 2002 (definition of asylum-seeker for purposes of Part 2) is amended as follows.

(2)For subsection (1) substitute—

(1)For the purposes of this Part a person is an “asylum-seeker” if—

(a)the person is at least 18 years old,

(b)the person has made a protection claim, and

(c)the person’s claim—

(i)has been recorded by the Secretary of State, but

(ii)has not been determined.

(1A)A person is also an “asylum-seeker” for the purposes of this Part if the person is an asylum-seeker for the purposes of Part 6 of the Immigration and Asylum Act 1999 by virtue of section 94(2B) or (3C) of that Act.

(3)For subsection (3) substitute—

(3)Protection claim” has the meaning given by section 82(2).

32(1)In consequence of the amendment made by paragraph 31(3), section 26A of the Immigration Act 1971 (registration card) is amended as follows.

(2)In subsection (1)(b)(i), for “claim for asylum” substitute “protection claim”.

(3)In subsection (2), for ““claim for asylum”” substitute ““protection claim””.

33In consequence of the amendments made by paragraph 31, the Nationality, Immigration and Asylum Act 2002 is amended as follows.

34In section 16 (establishment of accommodation centres), in subsection (3)(b), for “claims for asylum” substitute “protection claims”.

35In section 21(3), for “claim for asylum” substitute “protection claim”.

36In section 29 (facilities), in subsection (1)(c), for “claim for asylum” substitute “protection claim”.

37(1)Section 55 (late claim for asylum: refusal of support) is amended as follows.

(2)In subsections (1)(a), (3)(a) and (6)(a), for “claim for asylum” substitute “protection claim”.

(3)In subsection (9), for ““claim for asylum”” substitute ““protection claim””.

(4)The heading of the section becomes “Late protection claim: refusal of support”.

38In section 70 (induction), in the definition of “asylum-seeker” in subsection (3), after “section 18(1)(a)” insert “of this Act and section 94(2B)(a) of the Immigration and Asylum Act 1999”.

39(1)Section 71 (asylum-seeker: residence, etc restriction) is amended as follows.

(2)In subsection (1)(a), for “claim for asylum” substitute “protection claim”.

(3)In subsection (5), for ““claim for asylum”” substitute ““protection claim””.

40In Schedule 3 (withholding and withdrawal of support), in paragraph 17(1), for the definition of “asylum-seeker” substitute—

  • “asylum-seeker” has the meaning given by section 18,.

Repeal of uncommenced provisions

41The following provisions of the Nationality, Immigration and Asylum Act 2002, which contain amendments that have never been brought into force, are repealed—

(a)section 44 (which amends sections 94 and 95 of the Immigration and Asylum Act 1999);

(b)sections 45 and 46;

(c)section 47 (which inserts a new section 122 into that Act);

(d)section 53 (which inserts new sections 103, 103A and 103B into that Act).

42In Schedule 15 to the National Health Service (Wales) Act 2006, in paragraph 2, for sub-paragraph (7) substitute—

(7)Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of sub-paragraph (6) as they apply for the purposes of that section, but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to a local social services authority.

43In Schedule 3 to the National Health Service (Consequential Provisions) Act 2006, omit paragraph 9.

44In section 21 of the Care Act 2014, for subsections (2) and (3) substitute—

(2)For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the local authority in question.

45In section 46 of the Social Services and Well-being (Wales) Act 2014, for subsections (2) and (3) substitute—

(2)For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the local authority in question.

PART 2Transitional and saving provision

46(1)The repeals made by paragraphs 1 and 2 do not apply in relation to—

(a)any person for whom accommodation is being provided under section 4 of the Immigration and Asylum Act 1999 immediately before the day on which those paragraphs come into force,

(b)any person who has made an application before that day for accommodation to be provided under that section and whose application has not been determined or withdrawn before that day,

(c)any person who has appealed before that day against a decision not to provide accommodation for the person under that section, or a decision not to continue to provide accommodation for the person under that section, and whose appeal has not been determined or withdrawn before that day, and

(d)any dependant of a person within paragraph (a), (b) or (c).

This is subject to sub-paragraph (2).

(2)The repeals made by paragraph 2(d) (which remove the right to appeal against a decision not to continue to provide accommodation for a person under section 4 of the Immigration and Asylum Act 1999) apply in relation to any decision not to continue to provide accommodation under that section for any person within sub-paragraph (1) which is made on or after the day on which paragraph 2(d) comes into force.

(3)On and after the day on which paragraphs 1 and 2 come into force, section 4 of the Immigration and Asylum Act 1999 has effect in relation to persons within sub-paragraph (1) as if in subsection (11)(b) the word “not” were omitted.

(4)In this paragraph “dependant” has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).

47(1)The repeal made by paragraph 7(5) does not apply in relation to—

(a)any person for whom support is being provided under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act immediately before the day on which paragraph 7(5) comes into force,

(b)any person who has made an application before that day for support to be provided under section 95 of that Act and whose application has not been determined or withdrawn before that day,

(c)any person who has appealed before that day against a decision not to provide support for the person under that section, or a decision not to continue to provide support for the person under that section, and whose appeal has not been determined or withdrawn before that day, and

(d)any dependant of a person within paragraph (a), (b) or (c).

(2)Where by virtue of sub-paragraph (1) a person is provided with support under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act on or after the day on which paragraph 7(5) comes into force, section 103 of that Act (appeals) does not apply in relation to any decision not to continue to provide that support for that person which is made on or after that day.

(3)In this paragraph “dependant” has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).

48Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) has effect as if—

(a)after paragraph 7C there were inserted—

Eighth class of ineligible person: transitional cases

7D(1)Paragraph 1 applies to a person if—

(a)the person is a transitionally-supported person (see sub-paragraph (3)),

(b)the Secretary of State has certified that, in the Secretary of State’s opinion, the person has failed without reasonable excuse to take reasonable steps—

(i)to leave the United Kingdom voluntarily, or

(ii)to place himself in a position in which he is able to leave the United Kingdom voluntarily,

(c)the person has received a copy of the Secretary of State’s certificate, and

(d)the period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed.

(2)Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

(3)A person is a “transitionally-supported person” if—

(a)accommodation is provided for the person by virtue of section 4 of the Immigration and Asylum Act 1999 as that section has effect by virtue of paragraph 46 of Schedule 11 to the Immigration Act 2016, or

(b)support is provided for the person under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act, as that provision has effect by virtue of paragraph 47 of that Schedule.

(4)For the purpose of sub-paragraph (1)(d), if the Secretary of State sends a copy of a certificate by first class post to a person’s last known address, the person is treated as receiving the copy on the second day after the day on which it was posted.

(5)The Secretary of State may by regulations vary the period specified in sub-paragraph (1)(d)., and

(b)in paragraph 14 (information), references to paragraph 7 included a reference to the paragraph 7D treated as inserted by this Schedule.

Section 68

SCHEDULE 12Availability of local authority support

1Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) is amended as follows.

2(1)Paragraph 1 (ineligibility for support) is amended as follows.

(2)In sub-paragraph (1) (excluded support or assistance) after paragraph (g) insert—

(ga)in relation only to a person in England to whom this paragraph applies by virtue of paragraph 4, 5 or 7B—

(i)section 23CZA of that Act (arrangements for certain former relevant children to continue to live with former foster parents), or

(ii)regulations under section 23D of that Act (personal advisers),.

(3)In that sub-paragraph, in paragraph (h) for “or 36” substitute “, 35A or 35B”.

(4)After sub-paragraph (2) insert—

(2A)In the case of the provisions referred to in sub-paragraph (1)(ga), sub-paragraph (2) applies only in relation to a person in England to whom this paragraph applies by virtue of paragraph 4, 5 or 7B.

3After paragraph 1 insert—

1A(1)A person to whom this paragraph applies is not eligible for assistance under section 23C(4)(b), 23CA(4) or 24B(2)(b) of the Children Act 1989 (grants to meet expenses connected with education or training) which consists of a grant to enable the person to meet all or part of the person’s tuition fees.

(2)The duty in section 23C(4)(b) or 23CA(4) of that Act and the power in section 24B(2)(b) of that Act may not be exercised or performed in respect of a person to whom this paragraph applies so as to make a grant to enable the person to meet all or part of the person’s tuition fees.

(3)This paragraph applies to a person in England who is aged 18 or over and who—

(a)has leave to enter or remain in the United Kingdom which has been granted for a limited period,

(b)is an asylum-seeker, or

(c)has made an application for leave to enter or remain in the United Kingdom which has not been withdrawn or determined.

(4)In this paragraph “tuition fees” means fees payable for a course of a description mentioned in Schedule 6 to the Education Reform Act 1988.

4(1)Paragraph 2(1) (exceptions) is amended as follows.

(2)In paragraph (c) for “or 10” substitute “, 10, 10A or 10B”.

(3)After the “or” at the end of paragraph (c) insert—

(ca)under section 95A or 98A of the Immigration and Asylum Act 1999 (support for failed asylum-seekers etc), or.

5After paragraph 2 insert—

2A(1)Paragraph 1(1)(g) or (ga) does not prevent the provision of support or assistance under a relevant provision to a person to whom paragraph 1 would otherwise apply by virtue of paragraph 7B if—

(a)conditions A and B are satisfied in relation to that person, and

(b)condition C, D or E is satisfied in relation to that person.

(2)In sub-paragraph (1) “relevant provision” means—

(a)section 23C, 23CZA or 23CA of the Children Act 1989,

(b)regulations under section 23D of that Act, or

(c)section 24A or 24B of that Act.

(3)Condition A is that—

(a)the person has made an application for leave to enter or remain in the United Kingdom, and

(b)where regulations made by the Secretary of State require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind.

(4)Condition B is that—

(a)the application is the first application for leave to enter or remain in the United Kingdom that the person has made, or

(b)where regulations under sub-paragraph (3)(b) require that the application must be of a kind specified in the regulations for condition A to be satisfied, the application is the first application of that kind that the person has made.

(5)Condition C is that the application has not been determined or withdrawn.

(6)Condition D is that—

(a)the application has been refused,

(b)the person could bring an appeal under section 82(1) against the refusal (ignoring any possibility of an appeal out of time with permission), and

(c)if the person brought such an appeal, it would not be one that, by virtue of section 92(6), would have to be continued from outside the United Kingdom.

(7)Condition E is that—

(a)the application has been refused,

(b)the person has appealed under section 82(1) against the refusal,

(c)the appeal is not one that, by virtue of section 92(6), must be continued from outside the United Kingdom, and

(d)the appeal is pending within the meaning of section 104.

(8)For the purposes of sub-paragraph (3) the Secretary of State may by regulations provide for circumstances in which—

(a)a person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one), or

(b)a person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit.

6After paragraph 3 insert—

3ANotwithstanding paragraph 3, paragraph 1(1)(g) prevents a local authority in England from providing support or assistance under section 17 of the Children Act 1989 to a person in respect of a child if —

(a)the support or assistance is of a type that could be provided to the person by virtue of paragraph 10A (see paragraph 10A(11)), and

(b)support is being provided to the person by virtue of paragraph 10A or there are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph.

3BNotwithstanding paragraph 3, paragraph 1(1)(g) prevents a local authority in England from providing support or assistance under section 23C, 23CA, 24A or 24B of the Children Act 1989 to a person if—

(a)support is being provided to the person by virtue of paragraph 10B or section 95A of the Immigration and Asylum Act 1999, or

(b)there are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph or section.

3CNotwithstanding paragraph 3, paragraph 1(1)(ga) prevents a local authority in England from providing support or assistance under a provision mentioned in paragraph (ga) to a person if—

(a)support is being provided to the person by virtue of paragraph 10B or section 95A of the Immigration and Asylum Act 1999, or

(b)there are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph or section.

7In paragraph 6 (third class of ineligible person: failed asylum-seeker), in sub-paragraph (1), in the words before sub-paragraph (a), after “person” insert “in Wales, Scotland or Northern Ireland”.

8In paragraph 7 (fourth class of ineligible person: person unlawfully in United Kingdom), in the words before sub-paragraph (a), after “person” insert “in Wales, Scotland or Northern Ireland”.

9Before paragraph 8 insert—

Sixth class of ineligible person: person in England without leave to enter or remain

7B(1)Paragraph 1 applies to a person in England if—

(a)under the Immigration Act 1971, he requires leave to enter or remain in the United Kingdom but does not have it, and

(b)he is not an asylum-seeker.

(2)Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

Seventh class of ineligible person: primary carer without leave to enter or remain

7C(1)Paragraph 1 applies to a person in England (“P”) if—

(a)P is the primary carer of a British citizen (“the relevant British citizen”),

(b)the relevant British citizen is residing in the United Kingdom,

(c)the relevant British citizen would be unable to reside in the United Kingdom or in another EEA State if P were required to leave the United Kingdom,

(d)if circumstances were not as mentioned in paragraphs (a) to (c), under the Immigration Act 1971 P would require leave to enter or remain in the United Kingdom but would not have such leave, and

(e)P is not an asylum-seeker.

(2)Paragraph 1 also applies to the dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

(3)In making for the purposes of this Schedule or regulations made under it a determination as to whether sub-paragraph (1)(c) applies in relation to P, a person may rely on—

(a)a document of a kind specified in regulations made by the Secretary of State, or

(b)information or guidance provided by the Secretary of State for the purposes of such a determination.

10After paragraph 10 insert—

Accommodation and subsistence etc: England

10A(1)The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person to whom paragraph 1 applies by virtue of paragraph 7B(1) or 7C(1) and—

(a)who is destitute,

(b)who has with him a dependent child,

(c)who is not a relevant failed asylum seeker, and

(d)in relation to whom condition A, B, C, D or E is satisfied.

(2)A person is a “relevant failed asylum seeker” for the purposes of sub-paragraph (1)(c) if the person is a failed asylum seeker within the meaning of Part 6 of the Immigration and Asylum Act 1999 and—

(a)the person is receiving support under section 95A of that Act,

(b)the person has made an application for such support which has not been refused, or

(c)there are reasonable grounds for believing such support would be provided to the person if an application by the person for such support were made.

(3)Condition A is that—

(a)the person has made an application for leave to enter or remain in the United Kingdom and has not withdrawn the application,

(b)where regulations under this paragraph require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind, and

(c)the application has not been determined.

(4)Condition B is that—

(a)the person could bring an appeal under section 82(1) (ignoring any possibility of an appeal out of time with permission), and

(b)if the person brought such an appeal, it would not be one that, by virtue of section 92(6), would have to be continued from outside the United Kingdom.

(5)Condition C is that—

(a)the person has appealed under section 82(1),

(b)the appeal is not one that, by virtue of section 92(6), must be continued from outside the United Kingdom, and

(c)the appeal is pending within the meaning of section 104.

(6)Condition D is that—

(a)the person’s appeal rights are exhausted, and

(b)he has not failed to cooperate with arrangements that would enable him to leave the United Kingdom.

(7)Condition E is that a person specified in regulations under this paragraph is satisfied that the provision of support is necessary to safeguard and promote the welfare of a dependent child.

(8)Regulations under this paragraph may specify—

(a)factors which a person specified by virtue of sub-paragraph (7) may or must take into account in making a determination under that sub-paragraph;

(b)factors which such a person must not take into account in making such a determination.

(9)The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person (“P”)—

(a)to whom paragraph 1 applies by virtue of paragraph 7B(1) or 7C(1), and

(b)who it appears to a person specified in the regulations may be destitute,

until a person by whom support may be provided under arrangements by virtue of sub-paragraph (1) is able to determine whether such support should be provided to P.

(10)Arrangements for a person by virtue of this paragraph may include arrangements for a dependant.

(11)The support that may be provided under arrangements by virtue of this paragraph may take the form of—

(a)accommodation;

(b)subsistence in kind, or cash or vouchers to pay for subsistence.

(12)Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999 (meaning of “destitute”) apply for the purposes of this paragraph as they apply for the purposes of that section.

(13)For the purposes of sub-paragraph (3) regulations under this paragraph may provide for circumstances in which—

(a)a person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one);

(b)a person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit.

(14)For the purposes of sub-paragraph (6) a person’s appeal rights are exhausted at the time when—

(a)he could not bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and

(b)no appeal brought by him is pending within the meaning of section 104.

10B(1)The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person to whom paragraph 1 applies by virtue of paragraph 7B(1) and—

(a)who would otherwise be eligible for support or assistance under section 23C, 23CZA or 23CA of the Children Act 1989, under regulations under section 23D of that Act or under section 24A or 24B of that Act, and

(b)in relation to whom condition A, B, C or D is satisfied.

(2)Condition A is that—

(a)the person is destitute,

(b)the person has made an application for leave to enter or remain in the United Kingdom and has not withdrawn the application,

(c)where regulations under this paragraph require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind, and

(d)the application has not been determined.

(3)Condition B is that—

(a)the person is destitute,

(b)the person could bring an appeal under section 82(1) (ignoring any possibility of an appeal out of time with permission), and

(c)if the person brought an appeal under section 82(1), it would not be one that, by virtue of section 92(6), would have to be continued from outside the United Kingdom.

(4)Condition C is that—

(a)the person is destitute,

(b)the person has appealed under section 82(1),

(c)the appeal is not one that, by virtue of section 92(6), must be continued from outside the United Kingdom, and

(d)the appeal is pending within the meaning of section 104.

(5)Condition D is that—

(a)the person’s appeal rights are exhausted, and

(b)a person specified in regulations under this paragraph is satisfied that support needs to be provided to the person.

(6)Regulations under this paragraph may specify—

(a)factors which a person specified by virtue of paragraph (b) of sub-paragraph (5) may or must take into account in making a determination under that paragraph;

(b)factors which such a person must not take into account in making such a determination.

(7)The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person (“P”)—

(a)to whom paragraph 1 applies by virtue of paragraph 7B(1), and

(b)who it appears to a person specified in the regulations may be destitute,

until a person by whom support may be provided under arrangements by virtue of sub-paragraph (1) is able to determine whether such support should be provided to P.

(8)The support that may be provided under arrangements by virtue of this paragraph may, in particular, take the form of—

(a)accommodation;

(b)subsistence in kind, or cash or vouchers to pay for subsistence.

(9)Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999 (meaning of “destitute”) apply for the purposes of this paragraph as they apply for the purposes of that section.

(10)For the purposes of sub-paragraph (2) regulations under this paragraph may provide for circumstances in which—

(a)a person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one);

(b)a person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit.

(11)For the purposes of sub-paragraph (5) a person’s appeal rights are exhausted at the time when—

(a)he could not bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and

(b)no appeal brought by him is pending within the meaning of section 104.

11In paragraph 11 (assistance and accommodation: general), in the words before sub-paragraph (a), for “or 10” substitute “, 10, 10A or 10B”.

12In paragraph 13 (offences), in sub-paragraphs (1)(b) and (2)(a), for “or 10” substitute “, 10, 10A or 10B”.

13In paragraph 14 (information), in sub-paragraphs (1) and (2), for “or 7” (as substituted by paragraph 26(8)(b) of Schedule 11) substitute “, 7, 7B or 7C”.

14(1)Paragraph 15 (power to amend Schedule 3) is amended as follows.

(2)After paragraph (a) insert—

(aa)to modify any of the classes of person to whom paragraph 1 applies;.

(3)In paragraph (c) after “remove” insert “, or modify the application of,”.

(4)After paragraph (c) insert—

(d)to enable regulations to be made by the Secretary of State providing for arrangements to be made for support to be provided to a class of person to whom paragraph 1 applies;

(e)to apply paragraph 1A in relation to Wales;

(f)to make provision which has a similar effect to paragraph 1A and which applies in relation to Scotland or Northern Ireland.

15(1)Paragraph 16 (orders and regulations) is amended as follows.

(2)In sub-paragraph (2)(d) after “amending” insert “, repealing or revoking”.

(3)In sub-paragraph (3) after “2(1)(d) or (e)” insert “, 2A(3)(b), 10A or 10B”.

16In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements) after paragraph 8 insert—

8AAn agreement under which accommodation is provided to a person under arrangements made by virtue of paragraph 10A or 10B of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (support for certain persons who are otherwise ineligible for support by virtue of that Schedule).

Section 74

SCHEDULE 13Penalties relating to airport control areas

This is the Part 1A of Schedule 2 to the Immigration Act 1971 referred to in section 74(2)—

PART 1APenalty for breach of paragraph 26(2) or (3)

Penalty for breach of paragraph 26(2) or (3)

28(1)Sub-paragraph (2) applies where the Secretary of State has given written notice under paragraph 26(2) to the owner or agent of an aircraft—

(a)designating a control area for the embarkation or disembarkation of passengers in an airport in the United Kingdom, and

(b)specifying conditions or restrictions to be observed in the control area.

(2)The Secretary of State may impose a penalty on the owner or agent if the owner or agent fails to take all reasonable steps to secure that—

(a)passengers embarking on or disembarking from the aircraft at the airport do not embark or disembark at the airport outside the control area, or

(b)the conditions or restrictions specified in the notice are observed.

(3)Sub-paragraph (4) applies where the Secretary of State has given written notice under paragraph 26(3) to a person concerned with the management of an airport in the United Kingdom—

(a)designating a control area in the airport, and

(b)specifying conditions or restrictions to be observed in the control area.

(4)The Secretary of State may impose a penalty on the person if the person fails to take all reasonable steps to secure that the conditions or restrictions specified in the notice are observed.

(5)The Secretary of State may impose a separate penalty under sub-paragraph (2) or (4) in respect of each failure of the kind mentioned in that sub-paragraph.

(6)The amount of a penalty imposed under sub-paragraph (2) or (4) may be such an amount as the Secretary of State considers appropriate; but the amount of each penalty must not exceed the prescribed maximum.

Codes of practice

28A(1)The Secretary of State must issue a code of practice to be followed by—

(a)agents and operators of aircraft to whom notices under paragraph 26(2) have been given, and

(b)persons concerned with the management of airports in the United Kingdom to whom notices under paragraph 26(3) have been given.

(2)The Secretary of State must have regard to the code (in addition to any other matters the Secretary of State thinks relevant)—

(a)when deciding whether to impose a penalty under paragraph 28, and

(b)when considering a notice of objection under paragraph 28C.

(3)The Secretary of State must issue a code of practice specifying matters to be considered in determining the amount of a penalty under paragraph 28.

(4)The Secretary of State must have regard to the code (in addition to any other matters the Secretary of State thinks relevant)—

(a)when imposing a penalty under paragraph 28, and

(b)when considering a notice of objection under paragraph 28C.

(5)Before issuing a code under this paragraph the Secretary of State must lay the code before Parliament.

(6)A code under this paragraph comes into force in accordance with provision made by regulations made by the Secretary of State.

(7)The Secretary of State may from time to time review a code under this paragraph and may revise and re-issue it following a review.

(8)References in sub-paragraphs (5) and (6) to a code include a revised code.

Penalty notices

28B(1)If the Secretary of State decides that a person is liable to a penalty under paragraph 28, the Secretary of State must notify the person of that decision.

(2)A notice under sub-paragraph (1) (a “penalty notice”) must—

(a)be in writing,

(b)state why the Secretary of State thinks the recipient is liable to the penalty,

(c)state the amount of the penalty,

(d)specify the date on which the penalty notice is given,

(e)specify the date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,

(f)specify how the penalty must be paid,

(g)include an explanation of the steps that the person may take if the person objects to the penalty (including specifying the manner and form in which any notice of objection must be given to the Secretary of State), and

(h)include an explanation of the steps the Secretary of State may take to recover any unpaid penalty.

Objections

28C(1)The recipient of a penalty notice (“the recipient”) may object to the penalty notice by giving a notice of objection to the Secretary of State.

(2)A notice of objection must—

(a)be in writing,

(b)give the reasons for the objection,

(c)be given in the manner and form specified in the penalty notice, and

(d)be given before the end of the period of 28 days beginning with the date specified in the penalty notice as the date on which it is given.

(3)Where the Secretary of State receives a notice of objection, the Secretary of State must consider it and—

(a)cancel the penalty,

(b)reduce the penalty,

(c)increase the penalty, or

(d)determine not to alter the penalty.

(4)After reaching a decision as to how to proceed under sub-paragraph (3), the Secretary of State must notify the recipient of the decision in writing.

(5)A notification under sub-paragraph (4) must be given before the end of the period of 70 days beginning with the date specified in the penalty notice as the date on which it is given, or such longer period as the Secretary of State may agree with the recipient.

(6)A notification under sub-paragraph (4), other than one notifying the recipient that the Secretary of State has decided to cancel the penalty, must—

(a)state the amount of the penalty following the Secretary of State’s consideration of the notice of objection,

(b)state the Secretary of State’s reasons for the decision under sub-paragraph (3),

(c)specify the date, at least 28 days after the date on which the notification is given, before which the penalty must be paid,

(d)specify how the penalty must be paid,

(e)include an explanation of the recipient’s rights of appeal, and

(f)include an explanation of the steps the Secretary of State may take to recover any unpaid penalty.

Appeals

28D(1)A person (“the appellant”) may appeal to the court against a decision to require the person to pay a penalty under paragraph 28.

(2)An appeal may be brought only if the appellant has given a notice of objection and the Secretary of State has—

(a)reduced the penalty under paragraph 28C(3)(b),

(b)increased the penalty under paragraph 28C(3)(c), or

(c)determined not to alter the penalty under paragraph 28C(3)(d).

(3)An appeal must be brought within the period of 28 days beginning with the date on which the appellant is notified of the Secretary of State’s decision on the notice of objection under paragraph 28C(4).

(4)On appeal, the court may—

(a)allow the appeal and cancel the penalty,

(b)allow the appeal and reduce the penalty, or

(c)dismiss the appeal.

(5)An appeal is to be a re-hearing of the Secretary of State’s decision to impose a penalty and is to be determined having regard to—

(a)any code of practice under paragraph 28A(1) which had effect at the time of the events to which the penalty relates,

(b)any code of practice under paragraph 28A(3) which has effect at the time of the appeal, and

(c)any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

(6)Sub-paragraph (5) has effect despite any provision of rules of court.

(7)In this paragraph “the court” means—

(a)the county court, if the appeal relates to a penalty imposed under paragraph 28 in relation to an airport in England and Wales;

(b)the sheriff, if the appeal relates to a penalty imposed under paragraph 28 in relation to an airport in Scotland;

(c)a county court in Northern Ireland, if the appeal relates to a penalty imposed under paragraph 28 in relation to an airport in Northern Ireland.

(8)But—

(a)the county court in England and Wales, or a county court in Northern Ireland, may transfer proceedings under this paragraph to the High Court, and

(b)the sheriff may transfer proceedings under this paragraph to the Court of Session.

Enforcement

28E(1)This section applies where a sum is payable to the Secretary of State as a penalty under paragraph 28.

(2)In England and Wales the penalty is recoverable as if it were payable under an order of the county court in England and Wales.

(3)In Scotland the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4)In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.

(5)Where action is taken under this paragraph for the recovery of a sum payable as a penalty under this Chapter, the penalty is—

(a)in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;

(b)in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

(6)Money paid to the Secretary of State by way of a penalty under paragraph 28 must be paid into the Consolidated Fund.

Service of documents

28F(1)A document which is to be issued or served on a person outside the United Kingdom for the purposes of paragraph 28B or 28C or in the course of proceedings under paragraph 28E may be issued or served—

(a)in person,

(b)by post,

(c)by facsimile transmission,

(d)by e-mail, or

(e)in any other prescribed manner.

(2)The Secretary of State may by regulations provide that a document issued or served in a manner listed in sub-paragraph (1) in accordance with the regulations is to be taken to have been received at a time specified by or determined in accordance with the regulations.

Interpretation of this Part of this Schedule

28GIn this Part of this Schedule—

  • “penalty notice” has the meaning given by paragraph 28B(2);

  • “prescribed” means prescribed by regulations made by the Secretary of State.

Regulations under this Part of this Schedule

28H(1)Regulations under this Part of this Schedule are to be made by statutory instrument.

(2)A statutory instrument containing (whether alone or with other provision) regulations under paragraph 28(6) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3)A statutory instrument containing any other regulations under this Part of this Schedule and to which sub-paragraph (2) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Regulations under this Part of this Schedule—

(a)may make different provision for different purposes;

(b)may make incidental, supplementary, consequential, transitional, transitory or saving provision.

Section 75

SCHEDULE 14Maritime enforcement

1The Immigration Act 1971 is amended as follows.

2In section 25(1) (offence of assisting unlawful immigration to member State), in paragraphs (a) and (b) after “breach” insert “or attempted breach”.

3In section 25A (helping an asylum-seeker to enter United Kingdom) in subsection (1)(a)—

(a)after “arrival” insert “or attempted arrival”, and

(b)after “entry” insert “or attempted entry”.

4In section 25B (assisting entry to United Kingdom in breach of deportation or exclusion order)—

(a)in subsection (1), in paragraphs (a) and (b) after “breach” insert “or attempted breach”,

(b)for subsection (2) substitute—

(2)Subsection (3) applies where the Secretary of State has made an order excluding an individual from the United Kingdom on the grounds of public policy, public security or public health, other than a temporary exclusion order.,

(c)in subsection (3)—

(i)in paragraphs (a) and (b) after “remain” insert “, or attempt to arrive in, enter or remain,”, and

(ii)in paragraph (c) for the words from “personally” to the end substitute “made an order excluding the individual from the United Kingdom on the grounds of public policy, public security or public health”, and

(d)after subsection (4) insert—

(5)In this section a “temporary exclusion order” means an order under section 2 of the Counter-Terrorism and Security Act 2015.

5In section 28 (proceedings) after subsection (2) insert—

(2A)Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under section 25, 25A or 25B.

6In section 28A(3) (arrest without warrant) in paragraphs (a) and (b) after “committed” insert “or attempted to commit”.

7After Part 3 insert—

PART 3AMaritime enforcement

28MEnforcement powers in relation to ships: England and Wales

(1)An immigration officer, an English and Welsh constable or an enforcement officer may exercise the powers set out in Part 1 of Schedule 4A (“Part 1 powers”) in relation to any of the following in England and Wales waters—

(a)a United Kingdom ship;

(b)a ship without nationality;

(c)a foreign ship;

(d)a ship registered under the law of a relevant territory.

(2)But Part 1 powers may be exercised only—

(a)for the purpose of preventing, detecting, investigating or prosecuting an offence under section 25, 25A or 25B, and

(b)in accordance with the rest of this section.

(3)The authority of the Secretary of State is required before an immigration officer, an English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

(4)Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 1 powers in relation to the ship.

28NEnforcement powers in relation to ships: Scotland

(1)An immigration officer, a Scottish constable or an enforcement officer may exercise the powers set out in Part 2 of Schedule 4A (“Part 2 powers”) in relation to any of the following in Scotland waters—

(a)a United Kingdom ship;

(b)a ship without nationality;

(c)a foreign ship;

(d)a ship registered under the law of a relevant territory.

(2)But Part 2 powers may be exercised only—

(a)for the purpose of preventing, detecting, investigating or prosecuting an offence under section 25, 25A or 25B, and

(b)in accordance with the rest of this section.

(3)The authority of the Secretary of State is required before an immigration officer, a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

(4)Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 2 powers in relation to the ship.

28OEnforcement powers in relation to ships: Northern Ireland

(1)An immigration officer, a Northern Ireland constable or an enforcement officer may exercise the powers set out in Part 3 of Schedule 4A (“Part 3 powers”) in relation to any of the following in Northern Ireland waters—

(a)a United Kingdom ship;

(b)a ship without nationality;

(c)a foreign ship;

(d)a ship registered under the law of a relevant territory.

(2)But Part 3 powers may be exercised only—

(a)for the purpose of preventing, detecting, investigating or prosecuting an offence under section 25, 25A or 25B, and

(b)in accordance with the rest of this section.

(3)The authority of the Secretary of State is required before an immigration officer, a Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

(4)Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 3 powers in relation to the ship.

28PHot pursuit of ships in United Kingdom waters

(1)An immigration officer, an English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a ship in Scotland waters or in Northern Ireland waters if—

(a)the ship is pursued there,

(b)immediately before the pursuit of the ship, the ship was in England and Wales waters, and

(c)the condition in subsection (7) is met.

(2)Part 1 powers may be exercised under subsection (1) only—

(a)for the purpose mentioned in subsection (2)(a) of section 28M, and

(b)(if relevant) in accordance with subsections (3) and (4) of that section.

(3)An immigration officer, a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a ship in England and Wales waters or in Northern Ireland waters if—

(a)the ship is pursued there,

(b)immediately before the pursuit of the ship, the ship was in Scotland waters, and

(c)the condition in subsection (7) is met.

(4)Part 2 powers may be exercised under subsection (3) only—

(a)for the purpose mentioned in subsection (2)(a) of section 28N, and

(b)(if relevant) in accordance with subsections (3) and (4) of that section.

(5)An immigration officer, a Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a ship in England and Wales waters or in Scotland waters if—

(a)the ship is pursued there,

(b)immediately before the pursuit of the ship, the ship was in Northern Ireland waters, and

(c)the condition in subsection (7) is met.

(6)Part 3 powers may be exercised under subsection (5) only—

(a)for the purpose mentioned in subsection (2)(a) of section 28O, and

(b)(if relevant) in accordance with subsections (3) and (4) of that section.

(7)The condition referred to in subsection (1)(c), (3)(c) and (5)(c) is that—

(a)before the pursuit of the ship, a signal is given for it to stop, and

(b)the pursuit of the ship is not interrupted.

(8)The signal referred to in subsection (7)(a) must be given in such a way as to be audible or visible from the ship.

(9)For the purposes of subsection (7)(b), pursuit is not interrupted by reason only of the fact that—

(a)the method of carrying out the pursuit, or

(b)the identity of the ship or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(10)Nothing in this Part affects any other legal right of hot pursuit that a constable or an enforcement officer may have.

28QInterpretation of Part 3A

(1)In this Part—

  • “the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;

  • “enforcement officer” means—

    (a)

    a person who is a commissioned officer of any of Her Majesty’s ships, or

    (b)

    a person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;

  • “England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;

  • “English and Welsh constable” means only a person who is—

    (a)

    a member of a police force in England and Wales,

    (b)

    a member of the British Transport Police Force, or

    (c)

    a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964;

  • “foreign ship” means a ship which—

    (a)

    is registered in a State other than the United Kingdom, or

    (b)

    is not so registered but is entitled to fly the flag of a State other than the United Kingdom;

  • “Northern Ireland constable” means only a person who is—

    (a)

    a member of the Police Service of Northern Ireland,

    (b)

    a member of the Police Service of Northern Ireland Reserve, or

    (c)

    a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847;

  • “Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;

  • “Part 1 powers” means the powers set out in Part 1 of Schedule 4A;

  • “Part 2 powers” means the powers set out in Part 2 of that Schedule;

  • “Part 3 powers” means the powers set out in Part 3 of that Schedule;

  • “relevant territory” means—

    (a)

    the Isle of Man;

    (b)

    any of the Channel Islands;

    (c)

    a British overseas territory;

  • “Scottish constable” means only a person who is a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);

  • “Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;

  • “ship” includes every description of vessel (including a hovercraft) used in navigation;

  • “ship without nationality” means a ship which—

    (a)

    is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or

    (b)

    sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;

  • “United Kingdom ship” means a ship which—

    (a)

    is registered under Part 2 of the Merchant Shipping Act 1995,

    (b)

    is a Government ship within the meaning of that Act,

    (c)

    is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or

    (d)

    is registered under an Order in Council under section 1 of the Hovercraft Act 1968.

(2)For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—

(a)a British citizen, a British overseas territories citizen or a British Overseas citizen,

(b)an individual who is habitually resident in the United Kingdom, or

(c)a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.

8After Schedule 4 insert—

Sections 28M, 28N and 28O

SCHEDULE 4AEnforcement powers in relation to ships

PART 1England and Wales

Introductory

1(1)This Part of this Schedule sets out the powers exercisable by immigration officers, English and Welsh constables and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under sections 28M and 28P(1).

(2)In this Part of this Schedule—

  • “items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

  • “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

2(1)This paragraph applies if a relevant officer has reasonable grounds to suspect that—

(a)an offence under section 25, 25A or 25B is being, or has been, committed on the ship, or

(b)the ship is otherwise being used in connection with the commission of an offence under any of those sections.

(2)The relevant officer may—

(a)stop the ship;

(b)board the ship;

(c)require the ship to be taken to a port in the United Kingdom and detained there.

(3)The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).

(4)A relevant officer must give notice in writing to the master of any ship detained under this paragraph.

(5)The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.

Power to search and obtain information

3(1)This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—

(a)to an offence under section 25, 25A and 25B, or

(b)to an offence that is connected with an offence under any of those sections.

(2)The relevant officer may search—

(a)the ship;

(b)anyone on the ship;

(c)anything on the ship (including cargo).

(3)The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.