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The Immigration Act 2016 (Consequential Amendments) Regulations 2017

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Statutory Instruments

2017 No. 931

Financial Services And Markets

Immigration

The Immigration Act 2016 (Consequential Amendments) Regulations 2017

Made

18th September 2017

Laid before Parliament

21st September 2017

Coming into force

30th October 2017

The Secretary of State makes the following Regulations in exercise of the power conferred by section 92(2) to (4) of the Immigration Act 2016(1).

Citation and commencement

1.  These Regulations may be cited as the Immigration Act 2016 (Consequential Amendments) Regulations 2017 and come into force on 30th October 2017.

Amendment of the Payment Accounts Regulations 2015

2.—(1) The Payment Accounts Regulations 2015(2) are amended as follows.

(2) In regulation 26(2) (framework contracts and termination), after sub-paragraph (f) insert—

(g)the payment account is required to be closed in accordance with section 40G of the Immigration Act 2014..

Brandon Lewis

Minister of State

Home Office

18th September 2017

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Payment Accounts Regulations 2015 (S.I. 2015/2038) in consequence of section 45(1) of, and Schedule 7 to, the Immigration Act 2016 (c. 19) (“the 2016 Act”).

Paragraphs 1 and 2 of Schedule 7 to the 2016 Act inserted a new section 40G into the Immigration Act 2014. Section 40G establishes a duty on banks and building societies to close a current account operated by or for a person who is disqualified by virtue of their immigration status in circumstances where the bank or building society is notified by the Secretary of State that the Secretary of State does not intend to apply for a freezing order in respect of that account, that an application for a freezing order has been unsuccessful or that a freezing order in respect of that account has been discharged.

Regulation 2 of these Regulations amends regulation 26(2) of the Payment Accounts Regulations 2015 to make clear that one of the bases on which a designated credit institution may close a payment account with basic features is where the payment account is required to be closed in accordance with section 40G of the Immigration Act 2014.

A full impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.

(2)

S.I 2015/2038, to which there are amendments not relevant to these Regulations.

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