After section 114A of the Police and Criminal Evidence Act 1984 insert—

“114BApplication of Act to labour abuse prevention officers

(1)

The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of labour market offences conducted by labour abuse prevention officers.

(2)

The regulations may apply provisions of this Act with any modifications specified in the regulations.

(3)

In this section “labour abuse prevention officer” means an officer of the Gangmasters and Labour Abuse Authority who—

(a)

falls within subsection (4), and

(b)

is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section.

(4)

An officer of the Gangmasters and Labour Abuse Authority falls within this subsection if he or she is—

(a)

acting for the purposes of the Employment Agencies Act 1973 (see section 8A of that Act),

(b)

acting for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act),

(c)

acting for the purposes of the Gangmasters (Licensing) Act 2004 as an enforcement officer within the meaning of section 15 of that Act,

(d)

acting for the purposes of Part 1 or 2 of the Modern Slavery Act 2015 (see sections 11A and 30A of that Act), or

(e)

acting for any other purpose prescribed in regulations made by the Secretary of State.

(5)

The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section.

(6)

Regulations under this section are to be made by statutory instrument.

(7)

Regulations under this section may make—

(a)

different provision for different purposes;

(b)

provision which applies generally or for particular purposes;

(c)

incidental, supplementary, consequential, transitional or transitory provision or savings.

(8)

Regulations under subsection (4)(e) may, in particular, make such provision amending, repealing or revoking any enactment as the Secretary of State considers appropriate in consequence of any provision made by the regulations.

(9)

A statutory instrument containing regulations under subsection (4)(e) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(10)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(11)

In this section—

“enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

“labour market offence” has the meaning given in section 3 of the Immigration Act 2016.”

After section 24A insert—

“24BIllegal working

(1)

A person (“P”) who is subject to immigration control commits an offence if—

(a)

P works at a time when P is disqualified from working by reason of P's immigration status, and

(b)

at that time P knows or has reasonable cause to believe that P is disqualified from working by reason of P's immigration status.

(2)

For the purposes of subsection (1) a person is disqualified from working by reason of the person's immigration status if—

(a)

the person has not been granted leave to enter or remain in the United Kingdom, or

(b)

the person's leave to enter or remain in the United Kingdom—

(i)

is invalid,

(ii)

has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or

(iii)

is subject to a condition preventing the person from doing work of that kind.

(3)

A person who is guilty of an offence under subsection (1) is liable on summary conviction—

(a)

in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine, or both,

(b)

in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.

(4)

In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months.

(5)

If a person is convicted of an offence under subsection (1) in England and Wales, the prosecutor must consider whether to ask the court to commit the person to the Crown Court under section 70 of the Proceeds of Crime Act 2002 (committal with view to confiscation order being considered).

(6)

If a person is convicted of an offence under subsection (1) in Scotland, the prosecutor must consider whether to ask the court to act under section 92 of the Proceeds of Crime Act 2002 (making of confiscation order).

(7)

If a person is convicted of an offence under subsection (1) in Northern Ireland, the prosecutor must consider whether to ask the court to commit the person to the Crown Court under section 218 of the Proceeds of Crime Act 2002 (committal with view to confiscation order being considered).

(8)

The reference in subsection (1) to a person who is subject to immigration control is to a person who under this Act requires leave to enter or remain in the United Kingdom.

(9)

Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a)

the person is to be treated for the purposes of subsection (2) as if the person had been granted leave to enter the United Kingdom, but

(b)

any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

(10)

The reference in subsection (1) to a person working is to that person working—

(a)

under a contract of employment,

(b)

under a contract of apprenticeship,

(c)

under a contract personally to do work,

(d)

under or for the purposes of a contract for services,

(e)

for a purpose related to a contract to sell goods,

(f)

as a constable,

(g)

in the course of Crown employment,

(h)

as a relevant member of the House of Commons staff, or

(i)

as a relevant member of the House of Lords staff.

(11)

In subsection (10)—

“contract to sell goods” means a contract by which a person acting in the course of a trade, business, craft or profession transfers or agrees to transfer the property in goods to another person (and for this purpose “goods” means any tangible moveable items);

“Crown employment”—

(a)

in relation to England and Wales and Scotland, has the meaning given by section 191(3) of the Employment Rights Act 1996;

(b)

in relation to Northern Ireland, has the meaning given by Article 236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919 (NI 16));

“relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996;

“relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996.

(12)

Subsection (1) does not apply to—

(a)

service as a member of the naval, military or air forces of the Crown, or

(b)

employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996.

(13)

In this section “contract” means a contract whether express or implied and, if express, whether oral or in writing.”

In section 28CA(1) (business premises: entry to arrest) after paragraph (b) insert—

“(ba)

for an offence under section 24B,”.

After subsection (1) insert—

“(1A)

A person commits an offence if the person—

(a)

employs another person (“the employee”) who is disqualified from employment by reason of the employee's immigration status, and

(b)

has reasonable cause to believe that the employee is disqualified from employment by reason of the employee's immigration status.

(1B)

For the purposes of subsections (1) and (1A) a person is disqualified from employment by reason of the person's immigration status if the person is an adult subject to immigration control and—

(a)

the person has not been granted leave to enter or remain in the United Kingdom, or

(b)

the person's leave to enter or remain in the United Kingdom—

(i)

is invalid,

(ii)

has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or

(iii)

is subject to a condition preventing the person from accepting the employment.”

After subsection (1) insert—

“(1A)

For the purposes of section 21(1A) a body (whether corporate or not) shall be treated as having reasonable cause to believe a fact about an employee if a person who has responsibility within the body for an aspect of the employment has reasonable cause to believe that fact.”