The Accession (Immigration and Worker Registration) Regulations 2004

Restriction on employers of relevant accession State workers requiring registration

9.—(1) Subject to paragraph (2), if an employer employs an accession State worker requiring registration during a period in which the employer is not an authorised employer in relation to that worker, the employer shall be guilty of an offence.

(2) Subject to paragraph (4), in proceedings under this regulation it shall be a defence to prove that —

(a) there was produced to the employer during the one month period beginning on the date on which the worker began working for the employer a document that appeared to him to establish that the worker was not an accession State worker requiring registration; and

(b) the employer took and retained a copy of that document.

(3) Subject to paragraph (4), in proceedings under this regulation it shall be a defence to prove that —

(a) there was produced to the employer during the one month period beginning on the date on which the worker began working for the employer a document that appeared to him to establish that the worker had applied for a registration certificate in accordance with regulation 8 authorising the worker to work for that employer;

(b) the employer took and retained a copy of that document; and

(c) the employer has not received a copy of a registration certificate or notice of refusal in relation to that application.

(4) The defence afforded by paragraph (2) or (3) shall not be available in any case where the employer knew that his employment of the worker would constitute an offence under this regulation.

(5) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) Where an offence under this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person purporting to act in such a capacity,

he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(7) Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(8) Where an offence under this regulation is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(9) Paragraph (6) shall have effect in relation to a limited partnership as if —

(a) a reference to a body corporate were a reference to a limited partnership; and

(b) a reference to an officer of the body corporate were a reference to a partner.

(10) Section 28(1) of the 1971 Act (extended time limit for prosecution) shall apply in relation to an offence under this regulation.

(11) An offence under this regulation shall be treated as —

(a) a relevant offence for the purpose of sections 28B and 28D of that Act(1) (search, entry and arrest); and

(b) an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H(2)(search after arrest).

(1)

Sections 28B was inserted by section 129 of the Immigration and Asylum Act 1999(c. 33) and 28D was inserted by section 131 of that Act; both sections have been amended by sections 144 and 150 of the Nationality, Immigration and Asylum Act 2002(c. 41).

(2)

Sections 28E, 28G and 28H were inserted by sections 132, 134 and 135 of the Immigration and Asylum Act 1999 respectively.