Search Legislation

Immigration Act 2016

Territorial extent and application

  1. Sections 1 to 33 of the Act concern the Director of Labour Market Enforcement. The Director's remit covers certain functions where legislative competence has been transferred to the Northern Ireland Assembly and Scotland. Legislative competence on this matter has not been devolved to the National Assembly for Wales. These sections extend to the whole of the United Kingdom but in Northern Ireland the Director's functions will be limited because firstly, the Employment Agencies Act 1973 and sections 1, 2 and 4 of the 2015 Act do not extend there and secondly because the Director's remit in respect of Gangmaster Licensing is limited by section 3(7). In Scotland the Director's functions will be limited because sections 1, 2 and 4 of the 2015 Act do not extend there.
  2. Sections 69 to 72 of the Act concern the transfer of unaccompanied asylum seeking children between local authorities. These sections only relate to England and Wales. Directing local authorities to discharge functions on the basis of immigration status is not within the competence of devolved legislatures so section 73 allows these provisions to be extended to the rest of the UK, although there will be further consultation with the devolved administrations before this is done.
  3. Part 7 of the Act concerns the new English language requirements for public sector workers. This measure will extend to England and to public authorities exercising "non-devolved" functions in Wales, Scotland and Northern Ireland.
  4. Section 89 and Schedule 15 relate to civil registration, legislative competence in respect of which has been devolved to Scotland and the Northern Ireland Assembly, but not under the Government of Wales Act 2006. Accordingly the amendments for the large part are to legislation which extends to England and Wales only. Schedule 15 does, however, contain some consequential amendments to legislation with UK-wide extent, but they do not make any change to the law in Scotland or Northern Ireland.
  5. All remaining sections of the Act will extend to the whole of the United Kingdom. In the view of the UK Government, the matters to which the provisions of the Act relate are not within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

Back to top