Licensing Act 2003

113Meaning of “relevant offence”[F1, “immigration offence”, “foreign offence” and “immigration penalty”] E+W

This section has no associated Explanatory Notes

(1)In this Part “relevant offence” means an offence listed in Schedule 4.

(2)The Secretary of State may by order amend that list so as to add, modify or omit any entry.

[F2(2A)In this Part “immigration offence” means—

(a)an offence referred to in paragraph 7A of Schedule 4, or

(b)an offence listed in paragraph 24 or 25 of Schedule 4 that is committed in relation to an offence referred to in paragraph 7A of that Schedule.]

(3)In this Part “foreign offence” means an offence (other than a relevant offence) under the law of any place outside England and Wales.

[F3(4)In this Part “immigration penalty” means a penalty under—

(a)section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or

(b)section 23 of the Immigration Act 2014 (“the 2014 Act”).

(5)For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 15(3) of that Act, or

(b)the penalty is cancelled by virtue of section 16 or 17 of that Act.

(6)For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(7)For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)the person is excused payment by virtue of section 24 of that Act, or

(b)the penalty is cancelled by virtue of section 29 or 30 of that Act.

(8)For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.]

Textual Amendments

F1Words in s. 113 heading substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 13(2); S.I. 2017/380, reg. 2(b)

Commencement Information

I1S. 113(2) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 113 otherwise in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.