http://www.legislation.gov.uk/ukpga/1999/33/section/22Immigration and Asylum Act 1999An Act to make provision about immigration and asylum; to make provision about procedures in connection with marriage on superintendent registrar’s certificate; and for connected purposes.1999-11-22texttext/xmlenStatute Law Database2026-04-09Expert Participation2026-04-07 Part I Immigration: General Employment: code of practice Restrictions on employment: code of practice.22In the Asylum and Immigration Act 1996, after section 8, insert— Code of practice.8A1The 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—adiscrimination in contravention of section 4(1) of the Race Relations Act 1976 (“the 1976 Act”); orbin relation to Northern Ireland, discrimination in contravention of Article 6(1) of the Race Relations (Northern Ireland) Order 1997 (“the 1997 Order”).3Before issuing the code, the Secretary of State must—aprepare and publish a draft of the proposed code; andbconsider any representations about it which are made to him.4In preparing the draft, the Secretary of State must consult—athe Commission for Racial Equality;bthe Equality Commission for Northern Ireland; andcsuch organisations and bodies (including organisations or associations of organisations representative of employers or of workers) as he considers appropriate.5If the Secretary of State decides to proceed with the code, he must lay a draft of the code before both Houses of Parliament.6The draft code may contain modifications to the original proposals made in the light of representations to the Secretary of State.7After laying the draft code before Parliament, the Secretary of State may bring the code into operation by an order made by statutory instrument.8An order under subsection (7)—ashall be subject to annulment in pursuance of a resolution of either House of Parliament;bmay contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code.9A failure on the part of any person to observe a provision of the code does not of itself make him liable to any proceedings.10But the code is admissible in evidence—ain proceedings under the 1976 Act before an employment tribunal;bin proceedings under the 1997 Order before an industrial tribunal.11If 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.12The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.13The provisions of this section also apply (with appropriate modifications) to any revision, or proposed revision, of the code.S. 22 wholly in force at 22.5.2001; s. 22 not in force at royal assent; S. 22 in force for certain purposes at 19.2.2001 by S.I. 2001/239, art. 2, Sch. and s. 22 in force so far as not already in force at 22.5.2001 by S.I. 2001/1394, art. 2, Sch.1996 c. 49. 1976 c. 74. S.I. 1997/869 (N.I. 6).