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The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2014

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Statutory Instruments

2014 No. 1262

Immigration

The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2014

Made

15th May 2014

Coming into force in accordance with article 1(2)

The Secretary of State makes the following Order in exercise of the powers conferred by sections 15(2) and 20(1)(c) of the Immigration, Asylum and Nationality Act 2006(1).

In accordance with section 20(2) of that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.—(1) This Order may be cited as the Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2014.

(2) This Order comes into force on 6th April 2014 if it is made before that date but, if it is made on or after that date, it comes into force on the day after the day on which it is made.

Amendment to the Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2008

2.—(1) In article 2 of the Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2008(2) for “£10,000” substitute “£20,000”.

(2) The amendment made by paragraph (1) does not apply in respect of a penalty notice issued to an employer who has acted contrary to section 15(1) of the Immigration, Asylum and Nationality Act 2006 if, in respect of any employment to which the notice relates, the contravention occurred solely before the coming into force of this Order.

James Brokenshire

Minister of State

Home Office

15th May 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2008 to increase the maximum penalty which may be imposed by the Secretary of State under section 15(2) of the Immigration, Asylum and Nationality Act 2006 on an employer who acts contrary to that section in the employment of an adult subject to immigration control. However, the effect of the transitional provision is that the amendment will not apply to any contravention which occurred solely before the coming into force of this Order.

An impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside this instrument at www.legislation.gov.uk.

(1)

2006 c.13. See section 25(d) for the definition of “prescribed”.

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