Asylum and Immigration Act 1996

Asylum claims U.K.

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 S. 1 repealed (2.10.2000) by 1999 c. 33, s. 169(3), Sch 16; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

F2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 S. 2 repealed (2.10.2000) by 1999 c. 33, s. 169(3), Sch. 16; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4 and subject to transitional provision in Sch. 2 para. 4(1))

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 S. 3 repealed (2.10.2000) by 1999 c. 33, s. 169(3), Sch. 16; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4 and subject to transitional provision in Sch. 2 para. 4(2))

Immigration offences U.K.

4 Obtaining leave by deception. U.K.

In subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences), after paragraph (a) there shall be inserted the following paragraph—

“(aa) if, by means which include deception by him, he obtains or seeks to obtain leave to enter or remain in the United Kingdom;”.

Modifications etc. (not altering text)

C1 S. 4 extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 4 extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I1 S. 4 wholly in force at 1.10.1996; S. 4 not in force at Royal Assent see s. 13(3); S. 4 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

5 Assisting asylum claimants, and persons seeking to obtain leave by deception. U.K.

(1) In subsection (1) of section 25 of the 1971 Act (assisting illegal entry, and habouring), for the words from “the entry” to “illegal entrant” there shall be substituted the following paragraphs—

“(a) the entry into the United Kingdom of anyone whom he knows or has reasonable cause for believing to be an illegal entrant;

(b) the entry into the United Kingdom of anyone whom he knows or has reasonable cause for believing to be an asylum claimant; or

(c) the obtaining by anyone of leave to remain in the United Kingdom by means which he knows or has reasonable cause for believing to include deception,”.

(2) After that subsection there shall be inserted the following subsection—

“(1A) Nothing in subsection (1)(b) above shall apply to anything which is done—

(a) by a person otherwise than for gain, or in the course of his employment by a bona fide organisation whose purpose it is to assist refugees; or

(b) in relation to a person who has been detained under paragraph 16 of Schedule 2 to this Act, or has been granted temporary admission under paragraph 21 of that Schedule;

and in that provision “asylum claimant” means a person who intends to make a claim for asylum (within the meaning of the M1 Asylum and Immigration Appeals Act 1993).”

(3) In subsection (5) of that section, for the words “Subsection (1)” there shall be substituted the words “ Subsection (1)(a) ”.

(4) In subsection (6) of that section, for the words “subsection (1)” there shall be substituted the words “ subsection (1)(a) or (b) ”.

Modifications etc. (not altering text)

C2 S. 5(1)(2) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 5(1)(2) extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I2 S. 5 wholly in force at 1.10.1996; s. 5 not in force at Royal Assent see s. 13(3); s. 5 in force at 1.10.1996 by S.I. 1996/2053, art.2, Sch. Pt. III

Marginal Citations

M1 1993 c.23.

6 Increased penalties. U.K.

In the following provisions, namely—

(a) subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences);

(b) subsection (1) of section 26 (general offences in connection with administration of Act); and

(c) section 27 (offences by persons connected with ships or aircraft or with ports),

for the words “level 4” there shall be substituted the words “ level 5 ”.

Commencement Information

I3 S. 6 wholly in force at 1.10.1996; s. 6 not in force at Royal Assent see s. 13(3); s. 6 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

F4 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 S. 7 repealed (14.2.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 109, Sch. 16; S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3)

Persons subject to immigration control U.K.

8 Restrictions on employment. U.K.

(1) Subject to subsection (2) below, if any person (“the employer”) employs a person subject to immigration control (“the employee”) who has attained the age of 16, the employer shall be guilty of an offence if—

(a) the employee has not been granted leave to enter or remain in the United Kingdom; or

(b) the employee’s leave is not valid and subsisting, or is subject to a condition precluding him from taking up the employment,

and (in either case) the employee does not satisfy such conditions as may be specified in an order made by the Secretary of State.

(2) Subject to subsection (3) below, in proceedings under this section, it shall be a defence to prove that—

(a) before the employment began, there was produced to the employer a document which appeared to him to relate to the employee and to be of a description specified in an order made by the Secretary of State; and

(b) either the document was retained by the employer, or a copy or other record of it was made by the employer in a manner specified in the order in relation to documents of that description.

(3) The defence afforded by subsection (2) above shall not be available in any case where the employer knew that his employment of the employee would constitute an offence under this section.

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

(5) Where an offence under this section 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 who was purporting to act in any such 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.

(6) Where the affairs of a body corporate are managed by its members, subsection (5) above 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.

(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section—

• “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing;

• “employ” means employ under a contract of employment and “employment” shall be construed accordingly.

Commencement Information

I4 S. 8 wholly in force at 27.1.1997; s. 8 not in force at Royal Assent see s. 13(3); s. 8 in force for certain purposes at 1.12.1996 and wholly in force at 27.1.1997 by S.I. 1996/2127, art. 2

Valid from 19/02/2001

[F5 8A Code of practice. U.K.

(1) The Secretary of State must issue a code of practice as to the measures which an employer is to be expected to take, or not to take, with a view to securing that, while avoiding the commission of an offence under section 8, he also avoids unlawful discrimination.

(2) “Unlawful discrimination” means—

(a) discrimination in contravention of section 4(1) of the M2 Race Relations Act 1976 (“the 1976 Act”); or

(b) in relation to Northern Ireland, discrimination in contravention of Article 6(1) of the M3 Race Relations (Northern Ireland) Order 1997 (“the 1997 Order”).

(3) Before issuing the code, the Secretary of State must—

(a) prepare and publish a draft of the proposed code; and

(b) consider any representations about it which are made to him.

(4) In preparing the draft, the Secretary of State must consult—

(a) the Commission for Racial Equality;

(b) the Equality Commission for Northern Ireland; and

(c) such organisations and bodies (including organisations or associations of organisations representative of employers or of workers) as he considers appropriate.

(5) If the Secretary of State decides to proceed with the code, he must lay a draft of the code before both Houses of Parliament.

(6) The draft code may contain modifications to the original proposals made in the light of representations to the Secretary of State.

(7) After laying the draft code before Parliament, the Secretary of State may bring the code into operation by an order made by statutory instrument.

(8) An order under subsection (7)—

(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code.

(9) A failure on the part of any person to observe a provision of the code does not of itself make him liable to any proceedings.

(10) But the code is admissible in evidence—

(a) in proceedings under the 1976 Act before an employment tribunal;

(b) in proceedings under the 1997 Order before an industrial tribunal.

(11) If any provision of the code appears to the tribunal to be relevant to any question arising in such proceedings, that provision is to be taken into account in determining the question.

(12) The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

(13) The provisions of this section also apply (with appropriate modifications) to any revision, or proposed revision, of the code.]

Textual Amendments

F5 S. 8A inserted (19.2.2001 for specified purposes and otherwise 2.5.2001) by 1999 c. 33, s. 22; S.I. 2001/239, art. 2, Sch.; S.I. 2001/1394, art. 2, Sch.

Marginal Citations

M2 1976 c. 74.

M3 S.I. 1997/869 (N.I. 6).

F6 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F6 S. 9 repealed (1.3.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 110, Sch. 16; S.I. 2000/464, art. 2, Sch.

F7 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F7 S. 10 repealed (3.4.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 111, Sch. 16; S.I. 2000/464, art. 2, Sch.

F8 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F8 S. 11 repealed (3.4.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 112, Sch. 16; S.I. 2000/464, art. 2, Sch.

Miscellaneous and supplemental U.K.

12 Other amendments and repeals. U.K.

(1) Schedule 2 to this Act (which contains amendments of the 1971 Act and a related amendment of the M4 Immigration Act 1988) shall have effect.

(2) Schedule 3 to this Act (which contains amendments of the 1993 Act) shall have effect.

(3) The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C3 S. 12(1) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 12(1) extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I5 S. 12 partly in force; s. 12 not in force at Royal Assent see s. 13(3); s. 12 in force for certain purposes at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II; s. 12(1)(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

Marginal Citations

M4 1988 c. 14.

13 Short title, interpretation, commencement and extent. U.K.

(1) This Act may be cited as the Asylum and Immigration Act 1996.

(2) In this Act—

• “the 1971 Act” means the M5 Immigration Act 1971;

• “the 1993 Act” means the M6 Asylum and Immigration Appeals Act 1993;

• “person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

(3) This Act, except section 11 and Schedule 1, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

(4) An order under subsection (3) above may make such transitional and supplemental provision as the Secretary of State thinks necessary or expedient.

(5) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.

(6) This Act extends to Northern Ireland.

Subordinate Legislation Made

P1 S. 13(3) power partly exercised (25.7.1996): different dates appointed for specified provisions by S.I. 1996/2053

S. 13(3) power partly exercised (11.8.1996): different dates appointed for specified provisions by S.I. 1996/2127

S. 13(3) power partly exercised (25.11.1996): 27.1.1997 appointed for s. 8 by S.I. 1996/2970

Modifications etc. (not altering text)

C4 S. 13(1) extended (Guernsey) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 13(1) extended (Jersey) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

C5 S. 13(2) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/2164, art. 3, Sch.

S. 13(2) extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I6 S. 13 wholly in force at 26.7.1996; s. 13 not in force at Royal Assent see s. 13(3); s. 13 in force at 26.7.1996 by S.I. 1996/2053, art. 2, Sch. Pt. I

Marginal Citations

M5 1971 c.77.

M6 1993 c.23.