Immigration Act 2016

2 Labour market enforcement strategy

(1) The Director must before the beginning of each financial year prepare a labour market enforcement strategy for that year and submit it to the Secretary of State for approval.

(2) A labour market enforcement strategy (referred to in this Chapter as a “strategy”) is a document which—

(a) sets out the Director’s assessment of—

(i) the scale and nature of non-compliance in the labour market during the year before the one to which the strategy relates, and

(ii) the likely scale and nature of such non-compliance during the year to which the strategy relates and the following two years,

(b) contains a proposal for the year to which the strategy relates setting out—

(i) how labour market enforcement functions should be exercised,

(ii) the education, training and research activities the Secretary of State, and any other person by whom, or by whose officers, labour market enforcement functions are exercisable, should undertake or facilitate in connection with those functions,

(iii) the information, or descriptions of information, that should be provided to the Director for the purposes of his or her functions by any person by whom, or by whose officers, labour market enforcement functions are exercisable, and

(iv) the form and manner in which, and frequency with which, that information should be provided,

(c) sets out the activities the Director proposes to undertake during the year to which the strategy relates in the exercise of his or her functions under section 8, and

(d) deals with such other matters as the Director considers appropriate.

(3) The proposal mentioned in paragraph (b) of subsection (2) must, in particular, set out how the funding available for the purposes of the functions and activities mentioned in sub-paragraphs (i) and (ii) of that paragraph should be allocated.

(4) The Director may at any time prepare a revised strategy and submit it to the Secretary of State for approval.

(5) The Secretary of State may approve a strategy either with or without modifications (but a modification may not relate to the assessment described in paragraph (a) of subsection (2)).

(6) Any person by whom labour market enforcement functions are exercisable during a year to which a strategy approved under this section relates must, in exercising those functions, have regard to the strategy.