Immigration Act 2016
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The Secretary of State must appoint a person as the Director of Labour Market Enforcement (referred to in this Chapter as “the Director”).
The Director is to hold office in accordance with the terms of his or her appointment.
The functions of the Director are exercisable on behalf of the Crown.
The Secretary of State must provide the Director with such staff, goods, services, accommodation and other resources as the Secretary of State considers the Director needs for the exercise of his or her functions.
The Secretary of State must— as may be provided for by or under the terms of the Director’s appointment.
pay the Director such expenses, remuneration and allowances, and
pay or make provision for the payment of such pension to or in respect of the Director,
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The Director must before the beginning of each financial year prepare a labour market enforcement strategy for that year and submit it to the Secretary of State for approval.
A labour market enforcement strategy (referred to in this Chapter as a “strategy”) is a document which—
sets out the Director’s assessment of—
the scale and nature of non-compliance in the labour market during the year before the one to which the strategy relates, and
the likely scale and nature of such non-compliance during the year to which the strategy relates and the following two years,
contains a proposal for the year to which the strategy relates setting out—
how labour market enforcement functions should be exercised,
the education, training and research activities the Secretary of State, and any other person by whom, or by whose officers, labour market enforcement functions are exercisable, should undertake or facilitate in connection with those functions,
the information, or descriptions of information, that should be provided to the Director for the purposes of his or her functions by any person by whom, or by whose officers, labour market enforcement functions are exercisable, and
the form and manner in which, and frequency with which, that information should be provided,
sets out the activities the Director proposes to undertake during the year to which the strategy relates in the exercise of his or her functions under section 8, and
deals with such other matters as the Director considers appropriate.
The proposal mentioned in paragraph (b) of subsection (2) must, in particular, set out how the funding available for the purposes of the functions and activities mentioned in sub-paragraphs (i) and (ii) of that paragraph should be allocated.
The Director may at any time prepare a revised strategy and submit it to the Secretary of State for approval.
The Secretary of State may approve a strategy either with or without modifications (but a modification may not relate to the assessment described in paragraph (a) of subsection (2)).
Any person by whom labour market enforcement functions are exercisable during a year to which a strategy approved under this section relates must, in exercising those functions, have regard to the strategy.
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For the purposes of this Chapter each of the following constitutes “non-compliance in the labour market”—
the commission of a labour market offence;
failure to comply with the requirement under section 1 of the National Minimum Wage Act 1998 (workers to be paid at least national minimum wage);
failure to pay any financial penalty required to be paid by a notice of underpayment served under section 19 of that Act (see section 19A of that Act);
breach of a condition of a licence granted under section 7 of the Gangmasters (Licensing) Act 2004;
failure to comply with any other requirement imposed by or under any enactment and which is prescribed by regulations made by the Secretary of State.
In this Chapter “labour market enforcement functions” means—
any function of the Secretary of State in connection with prohibition orders made under section 3A of the Employment Agencies Act 1973,
any function of an officer acting for the purposes of that Act (see section 8A of that Act),
any function of an officer acting for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act),
any function of the Gangmasters and Labour Abuse Authority conferred by section 1(2)(a) to (c) of the Gangmasters (Licensing) Act 2004,
any function of an enforcement officer or a compliance officer acting for the purposes of that Act (see section 15 of that Act),
any function of the Gangmasters and Labour Abuse Authority under Part 2 of the Modern Slavery Act 2015 (slavery and trafficking prevention orders etc),
any function of an officer of that Authority acting for the purposes of Part 1 or 2 of that Act (see sections 11A and 30A of that Act),
any function of an enforcing authority under this Chapter,
any function an officer has by virtue of section 26, and
any other function prescribed by regulations made by the Secretary of State.
In this section “labour market offence” means—
an offence under the Employment Agencies Act 1973 other than one under section 9(4)(b) of that Act;
an offence under the National Minimum Wage Act 1998;
an offence under the Gangmasters (Licensing) Act 2004;
an offence under section 1 of the Modern Slavery Act 2015;
an offence under section 2 or 4 of that Act—
which is committed in relation to a worker or a person seeking work, or
which is otherwise committed in circumstances where subsection (2) of section 3 of that Act applies;
an offence under section 30(1) or (2) of that Act which is committed in relation to—
an order which was made on the application of the Gangmasters and Labour Abuse Authority, or
an order which was made under section 14 of that Act and which falls within subsection (4) below;
an offence under section 27;
any other offence prescribed by regulations made by the Secretary of State;
an offence of attempting or conspiring to commit an offence mentioned in paragraphs (a) to (h);
an offence under Part 2 of the Serious Crime Act 2007 in relation to an offence so mentioned;
an offence of inciting a person to commit an offence so mentioned;
an offence of aiding, abetting, counselling or procuring the commission of an offence so mentioned.
An order made under section 14 of the Modern Slavery Act 2015 falls within this subsection if—
the order was made following—
the conviction of the defendant of an offence mentioned in subsection (3)(d), (e) or (i) to (l), or
a finding of a kind mentioned in section 14(1)(b) or (c) of that Act in connection with any such offence, and
the prosecution resulted from an investigation conducted by a labour abuse prevention officer (within the meaning of section 114B of the Police and Criminal Evidence Act 1984).
In this section “worker” has the same meaning as in the Employment Rights Act 1996 (see section 230 of that Act) and the reference to a person seeking work is to be read accordingly.
In this section references to the Gangmasters (Licensing) Act 2004 are references to that Act only so far as it applies in relation to England and Wales and Scotland.
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As soon as reasonably practicable after the end of each financial year in respect of which the Secretary of State has approved a strategy under section 2, the Director must submit to the Secretary of State an annual report for that year.
An annual report must include—
an assessment of the extent to which labour market enforcement functions were exercised, and activities of the kind mentioned in section 2(2)(b)(ii) were carried out, in accordance with the strategy during the year to which the report relates,
an assessment of the extent to which the strategy had an effect on the scale and nature of non-compliance in the labour market during that year, and
a statement of the activities the Director undertook during that year in the exercise of his or her functions under section 8.
The Director must submit to the Secretary of State a report dealing with any matter— and must do so as soon as reasonably practicable after the request is made or the strategy is approved.
which the Secretary of State has requested the Director to report on, or
which a strategy approved by the Secretary of State under section 2 states is a matter the Director proposes to report on,
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The Secretary of State must lay before Parliament— and must do so as soon as reasonably practicable after approving the strategy or receiving the report.
any strategy the Secretary of State approves under section 2, and
any annual or other report the Secretary of State receives under section 4,
A document laid under subsection (1) must not contain material removed under subsection (3).
The Secretary of State may remove from a document to be laid under subsection (1) any material the publication of which the Secretary of State considers—
would be against the interests of national security,
might jeopardise the safety of any person in the United Kingdom, or
might prejudice the investigation or prosecution of an offence under the law of England and Wales, Scotland or Northern Ireland.
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A person may disclose information to the Director or a relevant staff member if the disclosure is made for the purposes of the exercise of any function of the Director.
Information obtained by the Director or a relevant staff member in connection with the exercise of any function of the Director may be used by the Director or a relevant staff member in connection with the exercise of any other function of the Director.
The Director or a relevant staff member may disclose information obtained in connection with the exercise of any function of the Director to a specified person if the disclosure is made for the purposes of the exercise of any function of the specified person.
“Specified person” means a person specified in Schedule 1 (persons to whom Director etc may disclose information).
The Secretary of State may by regulations amend Schedule 1.
In this section, “relevant staff member” means a member of staff provided to the Director under section 1(4).
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A disclosure of information which is authorised by section 6 does not breach—
an obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But nothing in section 6 authorises the making of a disclosure which—
contravenes the Data Protection Act 1998, or
is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.
Section 6 does not limit the circumstances in which information may be disclosed apart from that section.
Section 6(1) does not authorise a person serving in an intelligence service to disclose information to the Director or a relevant staff member. But this does not affect the disclosures which such a person may make in accordance with intelligence service disclosure arrangements.
Intelligence service information may not be disclosed by the Director or a relevant staff member without authorisation from the appropriate service chief.
If the Director or a relevant staff member has disclosed intelligence service information to a person, that person may not further disclose that information without authorisation from the appropriate service chief.
HMRC information may not be disclosed by the Director or a relevant staff member without authorisation from HMRC Commissioners.
If the Director or a relevant staff member has disclosed HMRC information to a person, that person may not further disclose that information without authorisation from HMRC Commissioners.
Subsections (7) and (8) do not apply to national minimum wage information.
If a person contravenes subsection (7) or (8) by disclosing revenue and customs information relating to a person whose identity— section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
is specified in the disclosure, or
can be deduced from it,
In this section—
“relevant detention power” means a power to detain under—
The Special Immigration Appeals Commission Act 1997 is amended as follows.
In the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 omit section 36 (electronic monitoring).
The Criminal Justice and Immigration Act 2008 is amended as follows.
In section 3(1) (jurisdiction: bail) for “Schedule 2 to the Immigration Act 1971” substitute “Schedule 10 to the Immigration Act 2016”.
In section 132(4) (special immigration status: effect of designation) in paragraph (b) for the words from “temporary admission” to the end of the paragraph substitute “immigration bail under Schedule 10 to the Immigration Act 2016.”
Section 5 (procedure in relation to jurisdiction under sections 2 and 3) is amended as follows. In subsection (4)(a) for “Part II of Schedule 2 to the Immigration Act 1971” substitute “Schedule 10 to the Immigration Act 2016”. In subsection (5) for “paragraphs 22 to 24 of Schedule 2 to the Immigration Act 1971” substitute “Schedule 10 to the Immigration Act 2016”. In subsection (5A)—
In section 133 (special immigration status: conditions) for subsections (3) and (4) substitute—
For Schedule 3 substitute—
The following provisions of the Nationality, Immigration and Asylum Act 2002, which contain amendments that have never been brought into force, are repealed—
section 44 (which amends sections 94 and 95 of the Immigration and Asylum Act 1999);
sections 45 and 46;
section 47 (which inserts a new section 122 into that Act);
section 53 (which inserts new sections 103, 103A and 103B into that Act).
The Births and Deaths Registration Act 1953 is amended as follows.
In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees)—
omit the entry relating to the Education Act 1996,
omit the entry relating to the Marriage Act 1949,
omit the entry relating to the Births and Deaths Registration Act 1953,
in the entry relating to the Savings Banks Act 1887, in the second column, omit “Secretary of State or, as regards Scotland, the”,
in the entry relating to the Factories Act 1961, in the second column, omit “Secretary of State or, as regards Scotland, the”,
in the entry relating to the Social Security Administration Act 1992, in the second column, omit “Secretary of State or, as regards Scotland, the”, and
omit the entry for the Places of Worship Registration Act 1855.
Section 564 of the Education Act 1996 (certificates of birth and registrars’ returns) is amended as follows. In subsection (1), for paragraph (b) substitute—. In subsection (4)—
the Chief of the Secret Intelligence Service (in the case of information so obtained from that Service or a person acting on its behalf);
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of sub-paragraph (6) as they apply for the purposes of that section, but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to a local social services authority.
In section 13 (registration of name of child or of alteration of name) in subsection (2), omit “on payment of a fee not exceeding £1.00”.
“enactment” includes—
“the residential tenancies provisions” means sections 39 to 41 and the amendments made by those sections.
The Civic Government (Scotland) Act 1982 is amended as follows.
Section 4 of the Immigration and Asylum Act 1999 (provision of accommodation for failed asylum-seekers, etc) is repealed.
In section 13 (taxi and private hire car driving licences) after subsection (3) insert—
In consequence of the repeal made by paragraph 1—
in section 26A of the Immigration Act 1971, omit subsection (1)(b)(ii);
in the following provisions, omit “section 4 or”—
section 3A(7A) of the Protection from Eviction Act 1977;
paragraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15));
section 23A(5A) of the Rent (Scotland) Act 1984;
paragraph 4A(1) of Schedule 1 to the Housing Act 1985;
paragraph 11B of Schedule 4 to the Housing (Scotland) Act 1988;
paragraph 12A(1) of Schedule 1 to the Housing Act 1988;
in section 99 of the Immigration and Asylum Act 1999, in subsections (1) and (4), omit “4,”;
in section 103 of that Act—
omit subsection (2A), and
in subsections (6) and (7), for “section 4 or 95” substitute “section 95”;
in section 118(1)(b) of that Act, omit “4,”;
in section 166(5) of that Act, omit paragraph (za);
in the Nationality, Immigration and Asylum Act 2002—
in section 23, omit subsection (5),
in section 26, in subsection (3), omit “4,”,
omit section 49,
in section 51, in subsection (2), omit paragraph (b), and
in section 55, in subsection (2)(a), omit “4,”;
in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, omit section 10;
in the Immigration, Asylum and Nationality Act 2006, omit section 43(1)(b), (2), (5), (6) and (7);
in the UK Borders Act 2007—
in section 17, in subsection (1)(a), omit “(and section 4)”, and
in section 40, in subsection (1), omit paragraph (e);
in section 134 of the Criminal Justice and Immigration Act 2008, omit subsection (5);
in Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in paragraph 31(1)(a), omit “4 or” and “persons temporarily admitted and”;
in paragraph 8 of Schedule 3 to the Immigration Act 2014, omit paragraph (a).
After section 13 insert—
Schedule 1 (licensing - further provisions as to the general system) is amended as follows. In paragraph 8 (duration of licences) in sub-paragraph (8) after “paragraphs” insert “8A and”. After paragraph 8 insert— A licensing authority may order the suspension or revocation of a taxi driver’s licence or a private hire car driver’s licence if the holder of the licence has, since its grant, been convicted of an immigration offence or required to pay an immigration penalty (see paragraph 20). Sub-paragraph (2A) does not apply if— On an appeal under this paragraph relating to a taxi driver’s licence or a private hire car driver’s licence, the sheriff is not entitled to entertain any question as to whether— After paragraph 19 insert—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
Section 18 of the Nationality, Immigration and Asylum Act 2002 (definition of asylum-seeker for purposes of Part 2) is amended as follows. For subsection (1) substitute— For subsection (3) substitute—
In consequence of the amendment made by paragraph 31(3), section 26A of the Immigration Act 1971 (registration card) is amended as follows. In subsection (1)(b)(i), for “claim for asylum” substitute “protection claim”. In subsection (2), for ““claim for asylum”” substitute ““protection claim””.
In consequence of the amendments made by paragraph 31, the Nationality, Immigration and Asylum Act 2002 is amended as follows.
In section 16 (establishment of accommodation centres), in subsection (3)(b), for “claims for asylum” substitute “protection claims”.
In section 21(3), for “claim for asylum” substitute “protection claim”.
In section 29 (facilities), in subsection (1)(c), for “claim for asylum” substitute “protection claim”.
Section 55 (late claim for asylum: refusal of support) is amended as follows. In subsections (1)(a), (3)(a) and (6)(a), for “claim for asylum” substitute “protection claim”. In subsection (9), for ““claim for asylum”” substitute ““protection claim””. The heading of the section becomes “Late protection claim: refusal of support”.
In section 70 (induction), in the definition of “asylum-seeker” in subsection (3), after “section 18(1)(a)” insert “of this Act and section 94(2B)(a) of the Immigration and Asylum Act 1999”.
Section 71 (asylum-seeker: residence, etc restriction) is amended as follows. In subsection (1)(a), for “claim for asylum” substitute “protection claim”. In subsection (5), for ““claim for asylum”” substitute ““protection claim””.
In Schedule 3 (withholding and withdrawal of support), in paragraph 17(1), for the definition of “asylum-seeker” substitute—.
The Gangmasters (Licensing) Act 2004 is amended as follows.
In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 5 (designated regulators), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
A notice under paragraph 1, 2 or 3 must be served by an immigration officer. The immigration officer must if possible— If the immigration officer reasonably believes, at the time of serving the notice, that there are persons occupying another part of the building or other structure in which the premises are situated whose access to that part will be impeded if an illegal working compliance order is made under paragraph 5, the immigration officer must also if possible serve the notice on those persons. The immigration officer may enter any premises, using reasonable force if necessary, for the purposes of complying with sub-paragraph (2)(a).
An immigration officer may apply to the court for an extension (or further extension) of the period for which any provision of an illegal working compliance order is in force. The court may grant an application under this paragraph only if it is satisfied, on the balance of probabilities, that it is necessary to grant it to prevent an employer operating at the premises from employing an illegal worker. Where an application is made under this section, the court may issue a summons directed to— requiring the person to appear before the court to respond to the application. If a summons is issued, a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed. No application may be granted under this paragraph such that an illegal working compliance order, or any provision in it—
Where access to premises is prohibited or restricted by virtue of an illegal working closure notice or an illegal working compliance order an immigration officer or a constable may enter the premises and do anything necessary to secure the premises against entry. A person acting under sub-paragraph (1) may use reasonable force. An immigration officer or a constable, together with any person acting under that person’s supervision, may also enter such premises to carry out essential maintenance or repairs.
Where the Secretary of State incurs expenditure for the purpose of clearing, securing or maintaining premises in respect of which an illegal working compliance order is in force, the Secretary of State may apply to the court for an order under this paragraph. On an application under this paragraph the court may make whatever order it thinks appropriate for the reimbursement (in full or in part) by the owner or occupier of the premises of the expenditure mentioned in sub-paragraph (1). An application for an order under this paragraph may not be heard unless it is made before the end of the period of 3 months starting with the day on which the illegal working compliance order ceases to have effect. An order under this paragraph may be made only against a person who has been served with the application for the order.
The Secretary of State may issue guidance about the exercise of functions under this Schedule. The Secretary of State may revise any guidance issued under this paragraph. Before issuing or revising guidance under this paragraph the Secretary of State must consult— The Secretary of State must arrange for any guidance issued or revised under this paragraph to be published.
“costs” includes—
Section 94 of the Immigration and Asylum Act 1999 (interpretation of Part 6) is amended as follows. In subsection (1)— After subsection (2) insert— In subsection (3), for “claim for asylum” substitute “protection claim”. After subsection (3) insert— In subsection (8), after “subsection (3)” insert “or (3B)”.
In consequence of the repeal made by paragraph 3(2)(b)—
in section 96 of the Immigration and Asylum Act 1999 (ways in which support may be provided), in subsection (1)(c), for “claim for asylum” substitute “protection claim”;
in section 141 of that Act (fingerprinting)—
in subsections (7)(e), (8)(e) and (9)(e), for “claim for asylum” substitute “protection claim”, and
in subsection (15), for ““Claim for asylum”” substitute ““Protection claim””;
in section 167 of that Act (interpretation), in subsection (1), in the definition of “claim for asylum”, for “Parts V and VI and section 141” substitute “Part 5”;
in Schedule 8 to that Act (provision of support: regulations), in paragraph 9(2)(b), for “claim for asylum” substitute “protection claim”;
in section 135 of the Criminal Justice and Immigration Act 2008 (support: supplemental), in subsection (5), for “claim for asylum” substitute “protection claim”.
any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968;
any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968;
Section 9 of the Employment Agencies Act 1973 (inspection) is amended as follows. In subsection (4)— After subsection (4) insert—
Section 15 of the National Minimum Wage Act 1998 (information obtained by officers) is amended as follows. In subsection (1)— After subsection (5B) insert—
The Police Reform Act 2002 is amended as follows.
In the Natural Environment and Rural Communities Act 2006, in Schedule 7 (designated bodies), in paragraph 13, for “Gangmasters’ Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
The Immigration Act 1971 is amended as follows.
The Immigration Act 1971 is amended as follows.
Before section 39 of the Births and Deaths Registration Act 1953 (but after the cross-heading above that section) insert—
In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of civil partnership into marriage) after subsection (5) insert—
In section 10 (general functions of the Independent Police Complaints Commission)—
in subsection (1), after paragraph (g) insert—;
in subsection (3), after paragraph (bc) insert—.
Section 28D (entry and search of premises) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2) after “conditions” insert “referred to in subsection (1)(e)”. After subsection (2) insert— In subsection (7)—
In section 11(1) (construction of references to entry)—
omit “, or temporarily admitted or released while liable to detention,”,
omit “or by Part III of the Immigration and Asylum Act 1999”, and
for “or by section 68 of the Nationality, Immigration and Asylum Act 2002” substitute “or on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016”.
After section 26C insert—
Section 28FB (search for personnel records with warrant) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2) for “Those conditions are” substitute “The conditions referred to in subsection (1)(c) are”. After subsection (3) insert—
Section 24 (illegal entry and other similar offences) is amended as follows. In subsection (1)— In subsection (3) for “28” substitute “28(1)”. After that subsection insert—
Section 28J (search warrants: safeguards) is amended as follows. In subsection (2)— After subsection (2) insert— In subsection (6) at the end insert “unless it specifies that it authorises multiple entries”. After subsection (6) insert— In subsection (7) for paragraph (c) substitute—. For subsection (9) substitute— After subsection (10) insert—
Section 28 (proceedings for offences) is amended as follows. In subsection (1) for “24” substitute “24(3)”. After that subsection insert— In subsection (2) for “subsection (1)(b)” substitute “subsections (1)(b) and (1A)(b)”.
Section 28K (execution of warrants) is amended as follows. After subsection (2) insert— In subsection (3) for “one month” substitute “three months”. After subsection (3) insert— In subsection (4)(a) after “and” insert “, if not in uniform,”. After subsection (8) insert— In subsection (9) for the words from “A warrant” to “its execution,” substitute “The warrant”. After subsection (13) insert—
In section 28B(5) (meaning of “relevant offence”) for “(e) or (f)” substitute “(f) or (h)”.
Paragraph 25A of Schedule 2 (search of premises for nationality documents) is amended as follows. In sub-paragraph (6A)— After sub-paragraph (6A) insert— In sub-paragraph (6B) after “conditions” insert “mentioned in sub-paragraph (6A)(b)”. A justice of the peace in Scotland may not issue— In sub-paragraph (6C) for “sub-paragraph (6A)” substitute “sub-paragraphs (6A) to (6BA)”.
In section 28D(4) (meaning of “relevant offence”) for “(e) or (f)” substitute “(f) or (h)”.
In Schedule 2 (administrative provisions as to control on entry etc) omit paragraphs 21 to 25 and 29 to 34.
Schedule 3 (supplementary provisions as to deportation) is amended as follows. In paragraph 2— Omit paragraphs 3 to 10.
The National Minimum Wage Act 1998 is amended as follows.
In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments etc subject to investigation)—
at the appropriate place insert “Director of Labour Market Enforcement”;
for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
“Wales” has the same meaning as in the Government of Wales Act 2006.
The Modern Slavery Act 2015 is amended as follows.
An immigration officer of at least the rank of chief immigration officer may issue an illegal working closure notice in respect of premises if satisfied on reasonable grounds that the conditions in sub-paragraphs (3) and (6) are met. An illegal working closure notice is a notice which prohibits, for a period specified in the notice— The condition in this sub-paragraph is that an employer operating at the premises is employing a person over the age of 16 and subject to immigration control— Where a person is on immigration bail within the meaning of Part 1 of Schedule 10— A person falling within sub-paragraph (3) is referred to in this Schedule as an “illegal worker”. The condition in this sub-paragraph is that the employer, or a connected person in relation to the employer— Sub-paragraph (6)(a) does not apply in relation to a conviction which is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)). For the purposes of sub-paragraph (6)(b) and (c)— For the purposes of sub-paragraph (6), a person is a connected person in relation to an employer if— An illegal working closure notice may not be issued if the employer shows in relation to the employment of each illegal worker that if a penalty notice were given under section 15 of the 2006 Act the employer would be excused under subsection (3) of that section from paying the penalty. An illegal working closure notice may be issued only if reasonable efforts have been made to inform— that the notice is going to be issued. Before issuing an illegal working closure notice the immigration officer must ensure that any person the officer thinks appropriate has been consulted. The Secretary of State may by regulations amend sub-paragraph (1) to change the rank specified in that sub-paragraph.
Whenever an illegal working closure notice is issued an application must be made to the court for an illegal working compliance order (unless the notice has been cancelled under paragraph 3). An application for an illegal working compliance order must be made by an immigration officer. The application must be heard by the court not later than 48 hours after service of the illegal working closure notice. In calculating when the period of 48 hours ends, Christmas Day is to be disregarded. The court may make an illegal working compliance order in respect of premises if it is satisfied, on the balance of probabilities— An illegal working compliance order may— Different provisions in an illegal working compliance order may have effect for different periods. The maximum period for which an illegal working compliance order or any provision in it may have effect is 12 months. Provision included in an illegal working compliance order which prohibits or restricts access may make such provision— An illegal working compliance order, or any provision of it, may— The court must notify the relevant licensing authority if it makes an illegal working compliance order in relation to premises in England and Wales in respect of which a premises licence is in force.
An application may be made to the court under this paragraph— Where an application is made under this paragraph, the court may issue a summons directed to— requiring the person to appear before the court to respond to the application. If a summons is issued, a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed. The court may not discharge an illegal working compliance order unless it is satisfied, on the balance of probabilities, that it is no longer necessary to prevent an employer operating at the premises from employing an illegal worker.
A person who without reasonable excuse remains on or enters premises in contravention of an illegal working closure notice commits an offence. A person who without reasonable excuse contravenes an illegal working compliance order commits an offence. A person who without reasonable excuse obstructs a person acting under paragraph 4 or paragraph 10 commits an offence. A person guilty of an offence under this paragraph is liable on summary conviction— In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (4)(a) to 51 weeks is to be read as a reference to 6 months.
Each of the following— is not liable for damages in proceedings for judicial review or the tort of negligence or misfeasance in public office, arising out of anything done or omitted to be done by the person in the exercise or purposed exercise of a power under this Schedule. Sub-paragraph (1) does not apply to an act or omission shown to have been in bad faith. Sub-paragraph (1) does not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998. This paragraph does not affect any other exemption from liability (whether at common law or otherwise).
In this Schedule— In this Schedule—
The Secretary of State may grant a person bail if— The Secretary of State may grant a person bail if the person is liable to detention under a provision mentioned in sub-paragraph (1). The First-tier Tribunal may, on an application made to the Tribunal for the grant of bail to a person, grant that person bail if— In this Schedule references to the grant of immigration bail, in relation to a person, are to the grant of bail to that person under any of sub-paragraphs (1) to (3) or under paragraph 10(12) or (13) (release following arrest for breach of bail conditions). A person may be granted and remain on immigration bail even if the person can no longer be detained, if— A grant of immigration bail to a person does not prevent the person’s subsequent detention under a provision mentioned in sub-paragraph (1). For the purposes of this Schedule a person is on immigration bail from when a grant of immigration bail to the person commences to when it ends. A grant of immigration bail to a person ends when— This paragraph is subject to paragraph 3 (exercise of power to grant immigration bail).
In this Schedule an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following— The arrangements may in particular— If the arrangements require P to wear, or make specified use of, a device they must— In this paragraph “specified” means specified in the arrangements. An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old.
This paragraph applies to a person who— Where the person is subject to an electronic monitoring condition, the Secretary of State— This sub-paragraph applies if the Secretary of State considers that— If, by virtue of paragraph 2(5) or (7) or this paragraph, the person is not subject to an electronic monitoring condition, the Secretary of State— This sub-paragraph applies if, having considered whether it would be impractical or contrary to the person’s Convention rights to impose such a condition on the person, the Secretary of State—
An immigration officer or a constable may arrest without warrant a person on immigration bail if the immigration officer or constable— Sub-paragraph (3) applies if an appropriate judicial officer is satisfied that there are reasonable grounds for believing that a person liable to be arrested under this paragraph is to be found on any premises. The appropriate judicial officer may issue a warrant authorising any immigration officer or constable to enter, by reasonable force if necessary, the premises named in the warrant for the purposes of searching for and arresting that person. Sections 28J and 28K of the Immigration Act 1971 (warrants: application and execution) apply, with any necessary modifications, to warrants under sub-paragraph (3). Sub-paragraph (6) applies where— A detainee custody officer may enter the premises, if need be by reasonable force, for the purpose of carrying out a search. In sub-paragraph (6)— Paragraphs 25A to 25C of Schedule 2 to the Immigration Act 1971 (entry and search of persons and premises) apply in relation to a person arrested under this paragraph as they apply in relation to a person arrested under that Schedule. A person arrested under this paragraph— The relevant authority is— Where an arrested person is brought before the relevant authority, the relevant authority must decide whether the arrested person has broken or is likely to break any of the bail conditions. If the relevant authority decides the arrested person has broken or is likely to break any of the bail conditions, the relevant authority must— If the relevant authority decides the person has not broken and is not likely to break any of the bail conditions, the relevant authority must grant the person bail subject to the same conditions (but this is subject to sub-paragraph (14), and does not prevent the subsequent exercise of the powers in paragraph 6). The power in sub-paragraph (12) to grant bail subject to the same conditions and the duty in sub-paragraph (13) to do so do not affect the requirement for the grant of bail to comply with paragraph 2. In this paragraph—
Regulations under section 92(1) may, in particular, provide for a person to whom this sub-paragraph applies to be treated, for such purposes as may be specified, as having been granted immigration bail in such circumstances and subject to such conditions as may be specified. Sub-paragraph (1) applies to a person who, at the specified time, was not in detention on the basis that— Regulations under section 92(1) may, in particular— and may, in particular, do so by providing for paragraph 7 or 8 to have effect with modifications in relation to such a person. Sub-paragraph (3) applies to a person who— Sub-paragraph (3) applies to a person who— In this paragraph “specified” means specified in regulations under section 92(1).
Before section 12 (but after the italic heading before it) insert—
An illegal working closure notice must— The maximum period that may be specified in an illegal working closure notice is 24 hours unless sub-paragraph (3) applies. The maximum period is 48 hours if the notice is issued by an immigration officer of at least the rank of immigration inspector. In calculating when the period of 48 hours ends, Christmas Day is to be disregarded. The period specified in an illegal working closure notice to which sub-paragraph (3) does not apply may be extended by up to 24 hours if an extension notice is issued by an officer of at least the rank of immigration inspector. An extension notice is a notice which— The Secretary of State may by regulations amend sub-paragraph (3) or sub-paragraph (5) to change the rank specified in that sub-paragraph.
Section 15 (slavery and trafficking prevention orders on application) is amended as follows. In subsection (1)— In subsection (7)— In subsection (8)(b)—
In section 19(7) (requirement to provide name and address)—
for “or an immigration officer” substitute “, an immigration officer or the Gangmasters and Labour Abuse Authority”;
for “or the officer” substitute “, the officer or the Authority”.
Section 20 (variation, renewal and discharge) is amended as follows. In subsection (2), after paragraph (f) insert— In subsection (9)—
Section 23 (slavery and trafficking risk orders) is amended as follows. In subsection (1)— In subsection (6)— In subsection (7)(b)—
In section 26(7) (requirement to provide name and address)—
for “or an immigration officer” substitute “, an immigration officer or the Gangmasters and Labour Abuse Authority”;
for “or the officer” substitute “, the officer or the Authority”.
Section 27 (variation, renewal and discharge) is amended as follows. In subsection (2), after paragraph (f) insert— In subsection (7)—
After section 30 (offences) insert—
In section 33 (guidance), in subsection (1) for “and the Director General of the National Crime Agency” substitute “, the Director General of the National Crime Agency and the Gangmasters and Labour Abuse Authority”.
In section 13 (appointment of officers for enforcement)—
in subsection (1)(b), for the words from “Minister of the Crown” to “body shall” substitute “relevant authority for officers of that authority to”;
after subsection (1) insert—
any function in the United Kingdom which corresponds to a function mentioned in paragraph (a);
In the Public Records Act 1958, in Schedule 1 (definition of public records), in Part 2 of the Table at the end of paragraph 3 (other establishments and organisations), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
The Taxis Act (Northern Ireland) 2008 is amended as follows.
Section 2 (operator’s licences) is amended as follows. In subsection (4) for the “and” at the end of paragraph (a) substitute—. After subsection (4) insert— In subsection (7) for “An” substitute “Subject to section 2A, an”.
After section 2 insert—
Section 23 (taxi driver’s licences) is amended as follows. In subsection (2) after paragraph (a) insert—. After subsection (2) insert— In subsection (8) for “A” substitute “Subject to section 23A, a”.
After section 23 insert—
Section 26 (power to suspend, revoke or curtail licences) is amended as follows. In subsection (2) before the “or” at the end of paragraph (a) insert—. After subsection (2) insert— In subsection (6) before the “or” at the end of paragraph (a) insert—. After subsection (6) insert—
In section 32 (return of licences etc) after subsection (5) insert—
In section 34 (appeals) after subsection (5) insert—
After section 56 insert—
In section 14 (powers of officers) before subsection (1) insert—
an enactment contained in, or in an instrument made under, Northern Ireland legislation;
The Metropolitan Public Carriage Act 1869 is amended as follows.
Part 6 of the Immigration and Asylum Act 1999 (support for asylum-seekers) is amended as follows.
In section 8(7) (driver’s licence to be in force for three years unless suspended or revoked) for “A” substitute “Subject to section 8A, a”.
The heading of the Part becomes “Support for asylum-seekers, etc”.
After section 8 insert—
Section 94 (interpretation of Part 6) is amended as follows. In subsection (1)— In subsection (2), after “section 95” insert “or 95A”. After subsection (2C) (inserted by paragraph 3(3) above) insert— Omit subsections (5) and (6).
In section 95 (persons for whom support may be provided), the heading becomes “Support for asylum-seekers, etc”.
After section 95 insert—
Section 96 (ways in which support may be provided) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2), after “section 95” insert “or 95A”.
Section 97 (supplemental) is amended as follows. In subsection (1)— In subsections (4), (5) and (7), after “section 95” insert “or 95A”. After subsection (7) insert—
In section 98, the heading becomes “Temporary support for asylum-seekers, etc”.
After section 98 insert—
Section 99 (provision of support by local authorities) is amended as follows. In subsection (1), for “or 98” substitute “95A, 98 or 98A”. In subsection (3)— In subsection (4), for “or 98” substitute “95A, 98 or 98A”.
In section 100 (local authority and other assistance for Secretary of State), in subsection (1), after “section 95” insert “or 95A”.
In section 101 (reception zones), in subsection (3), after “section 95” (in both places where it occurs) insert “or 95A”.
In section 112 (recovery of expenditure on support: misrepresentation etc), in subsections (1)(b) and (3), for “section 95 or 98” substitute “section 95, 95A, 98 or 98A”.
In section 113 (recovery of expenditure on support from sponsor), in subsections (1)(b), (4) and (5)(a), after “section 95” insert “or 95A”.
Section 114 (overpayments) is amended as follows. In subsection (1), for “section 95 or 98” substitute “section 95, 95A, 98 or 98A”. In subsection (4), for “section 95” substitute “section 95, 95A or 98A”.
In section 118 (housing authority accommodation), in subsection (1)(b), for “or 98” substitute “95A, 98 or 98A”.
Section 122 (support for children) is amended as follows. In subsection (1), after “section 95” insert “or 95A”. In subsection (2), after “section 95” insert “or (as the case may be) 95A”. In subsections (3) and (4), after “section 95” insert “or 95A”. In subsection (5)—
Section 125 (entry of premises) is amended as follows. In subsection (1), for “section 95 or 98” substitute “section 95, 95A, 98 or 98A”. In subsection (2)—
In section 127 (requirement to supply information about redirection of post), in subsection (1)(c), after “asylum-seekers” insert “or failed asylum-seekers”.
Section 166 (regulations and orders) is amended as follows. In subsection (5) (regulations subject to the affirmative procedure) for the “or” at the end of paragraph (c) substitute—. After subsection (5) insert— In subsection (6) (regulations subject to the negative procedure) for the “or” at the end of paragraph (a) substitute—.
In section 26A of the Immigration Act 1971 (registration card), in subsection (1)(b), after sub-paragraph (i) insert—
The Nationality, Immigration and Asylum Act 2002 is amended as follows. In section 18 (definition of asylum-seeker for purposes of Part 2), omit subsection (2). In section 26 (withdrawal of support), in subsection (3)— In section 35— In section 43— In section 51 (choice of form of support), in subsection (2), omit the “and” after paragraph (b) and after paragraph (c) insert , and In section 55 (late claim for asylum: refusal of support), in subsection (2), after paragraph (a) insert—. In Schedule 3 (withholding and withdrawal of support)—
In section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (failed asylum-seekers: withdrawal of support)—
omit subsections (1) and (4);
in subsection (3)(a) and (b), omit “other than paragraph 7A”.
In the Immigration, Asylum and Nationality Act 2006, omit section 44 (power to repeal paragraph 7A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002).
In section 40 of the UK Borders Act 2007 (supply of Revenue and Customs information), in subsection (1)(f), for “asylum-seekers and their dependants” substitute “persons”.
In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements), in paragraph 8 (accommodation provided by virtue of immigration provisions)—
in paragraph (b) after “95” insert “or 95A”, and
in paragraph (c) after “98” insert “or 98A”.
In section 15 (information obtained by officers)—
in subsection (3)(b), after “any” insert “eligible”;
in subsection (4)(a), after “to any” insert “eligible”;
in subsection (8), for the words from ““relevant” to “body which,” substitute ““eligible relevant authority” means any relevant authority within the meaning given by section 13(1A) which”.
“specified” means specified in passport fees regulations;
“woman” means a female of any age.
The Immigration and Asylum Act 1999 is amended as follows.
In section 24 of the Immigration, Asylum and Nationality Act 2006 (temporary admission)—
in the heading, for “Temporary admission, &c” substitute “Immigration bail”,
for “paragraph 21(1) of Schedule 2 to the Immigration Act 1971 (c 77) (temporary admission or release from detention)” substitute “a grant of immigration bail to the person under Schedule 10 to the Immigration Act 2016”, and
in paragraph (b) for “paragraph 21(2)” substitute “that Schedule as a condition of that person’s immigration bail”.
Before section 72 of the Marriage Act 1949 (but after the heading of Part 6 of that Act) insert—
Section 34 of the Civil Partnership Act 2004 (fees) is amended as follows. In subsection (1), omit “, of such amounts as may be specified in the order,”. After subsection (1) insert— For subsection (2) substitute—
In section 10 of the Savings Banks Act 1887 (price of certificate of birth, death or marriage)—
the existing text becomes subsection (1),
in that subsection (1), after “entered for” insert “, where the birth, death or marriage is registered in England and Wales, the appropriate fee or in any other case for”, and
after that subsection insert—
Omit section 16 of the Registration Service Act 1953 (general provision as to fees).
Omit section 17 of the Marriage (Registrar General’s Licence) Act 1970 (fees).
In section 10(9) (removal of persons unlawfully in the United Kingdom: application of Schedule 2 to the Immigration Act 1971) omit paragraphs (h) and (i).
In section 53 (applications for bail in immigration cases) omit subsection (4).
In section 95(9A) (support for asylum seekers etc: matters to which conditions may relate) in paragraph (b) for the words from “restriction” to the end of the paragraph substitute “condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail).”
Section 141 (fingerprinting: persons temporarily admitted to the United Kingdom) is amended as follows. In subsection (7)(b) for “temporarily admitted under paragraph 21 of Schedule 2 to the 1971 Act” substitute “granted immigration bail under Schedule 10 to the Immigration Act 2016”. In subsection (8)(b) for “admit him temporarily” substitute “grant him bail”.
In the italic heading before section 1, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
In section 1 (Gangmasters Licensing Authority)—
in the heading, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;
for subsection (1) substitute—;
after subsection (3) insert—
In section 2 (directions etc by the Secretary of State), in subsection (2) after “the Authority” insert “and the Director of Labour Market Enforcement”.
In section 3 (work to which Act applies)—
in subsection (5)(b), for the words from “the following nature” to the end substitute “a prescribed description as being work to which this Act applies”;
after subsection (5) insert—
In section 8 (general power of Authority to make rules)—
in subsection (1), after “may” insert “with the approval of the Secretary of State”;
omit subsection (3).
In section 14 (offences: supplementary provisions) after subsection (2) insert—
In section 15 (enforcement and compliance officers) after subsection (6) insert—
In section 16 (powers of officers) before subsection (1) insert—
In section 17 (entry by warrant) before subsection (1) insert—
Section 19 (information relating to gangmasters) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2)—
Schedule 2 (application of Act to Northern Ireland) is amended as follows. In the italic heading before paragraph 3, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”. In paragraph 6— In paragraph 7, for paragraph (b) substitute— Section 8(1) as it applies in relation to Northern Ireland licences is to be read as if the words “with the approval of the Secretary of State” were omitted. The Authority must consult the relevant Northern Ireland department before making any Northern Ireland rules about fees. After paragraph 16 insert—
GCHQ;
In Schedule 3 to the National Health Service (Consequential Provisions) Act 2006, omit paragraph 9.
In section 30 (searches of indexes kept by Registrar General)—
in subsection (2), omit from “, on payment” to the end, and
in subsection (3), omit “and on payment as aforesaid of the appropriate fee aforesaid”.
In section 21 of the Care Act 2014, for subsections (2) and (3) substitute—
In section 31 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.
In section 46 of the Social Services and Well-being (Wales) Act 2014, for subsections (2) and (3) substitute—
In section 32 (searches in registers kept by registrars) omit from “, on payment” to the end of paragraph (c).
In section 33 (short certificate of birth) in subsection (1), omit from “on payment” to “and”.
In section 33A (short certificate of death)—
in subsection (1), for paragraphs (a) and (b) substitute “, on furnishing the prescribed particulars,”, and
omit subsection (3).
In section 34A (searches and records of information: additional provision) omit subsection (2).
In section 39 (regulations made by the Registrar General) in paragraph (a), for “and 34A” substitute “, 34A and 38A”.
In section 39A (regulations made by the Minister: further provisions)—
in subsection (1)(c), after “such” insert “consequential,”,
in subsection (2), after “provisions” insert “other than section 38A”, and
in subsection (5), for “and 34A” substitute “, 34A and 38A”.
In section 41 (interpretation) in subsection (1), in the definition of “prescribed”, for “and 10C” substitute “, 10C and 38A”.
“public authority” has the meaning given by section 78;
In the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in Schedule 3 (slavery and trafficking prevention orders), in Part 3 (supplementary) in paragraph 18(7)(e), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
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The Director must gather, store, process, analyse and disseminate information relating to non-compliance in the labour market.
The Director may request any person by whom, or by whose officers, labour market enforcement functions are exercisable to provide the Director with any non-compliance information specified or of a description specified in the request.
“Non-compliance information” means information relating to non-compliance in the labour market which the Director considers would facilitate the exercise of any of his or her functions.
A person by whom, or by whose officers, labour market enforcement functions are exercisable may request the Director to provide the person, or an officer of the person, with any enforcement information specified or of a description specified in the request.
“Enforcement information” means information which the person making the request considers would facilitate the exercise of any labour market enforcement function of the person or of an officer of the person.
A person who receives a request under this section must respond to it in writing within a reasonable period.
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The Director must not in exercising any function make any recommendation in relation to an individual case.
Subsection (1) does not prevent the Director considering individual cases and drawing conclusions about them for the purpose of, or in the context of, considering a general issue.
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The Gangmasters Licensing Authority is renamed the Gangmasters and Labour Abuse Authority.
In any enactment passed before the day on which this section comes into force, and in any instrument or other document made before that day, references to the Gangmasters Licensing Authority are to be read, in relation to any time on or after that day, as references to the Gangmasters and Labour Abuse Authority.
Schedule 2 (functions in relation to labour market) has effect.
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After section 114A of the Police and Criminal Evidence Act 1984 insert—
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The Gangmasters (Licensing) Act 2004 is amended as follows.
Before section 23 (but after the italic heading before it) insert—
In section 25 (regulations, rules and orders), in subsection (5)—
omit the “or” at the end of paragraph (a);
at the end insert , or
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This section applies where an enforcing authority believes that a person has committed, or is committing, a trigger offence.
An enforcing authority may give a notice to the person—
identifying the trigger offence which the authority believes has been or is being committed;
giving the authority’s reasons for the belief;
inviting the person to give the authority a labour market enforcement undertaking in the form attached to the notice.
A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking (as to which see section 15).
“Trigger offence” means—
an offence under the Employment Agencies Act 1973 other than one under section 9(4)(b) of that Act;
an offence under the National Minimum Wage Act 1998;
an offence under the Gangmasters (Licensing) Act 2004;
any other offence prescribed by regulations made by the Secretary of State;
an offence of attempting or conspiring to commit an offence mentioned in paragraphs (a) to (d);
an offence under Part 2 of the Serious Crime Act 2007 in relation to an offence so mentioned;
an offence of inciting a person to commit an offence so mentioned;
an offence of aiding, abetting, counselling or procuring the commission of an offence so mentioned.
“Enforcing authority”—
in relation to a trigger offence under the Employment Agencies Act 1973, means the Secretary of State or any authority whose officers are acting for the purposes of that Act (see section 8A of that Act);
in relation to a trigger offence under the National Minimum Wage Act 1998, means the Secretary of State or any authority whose officers are acting for the purposes of that Act (see section 13 of that Act);
in relation to a trigger offence under the Gangmasters (Licensing) Act 2004, means the Secretary of State or any authority whose officers are acting as enforcement officers for the purposes of that Act (see section 15 of that Act);
in relation to an offence which is a trigger offence by virtue of subsection (4)(d) (including an offence mentioned in subsection (4)(e) to (h) in connection with such an offence), has the meaning prescribed in regulations made by the Secretary of State.
In subsection (5), a reference to an offence under an Act includes a reference to an offence mentioned in subsection (4)(e) to (h) in connection with such an offence.
In this section references to the Gangmasters (Licensing) Act 2004 are references to that Act only so far as it applies in relation to England and Wales and Scotland.
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An LME undertaking may include a prohibition, restriction or requirement (each a “measure”) if, and only if—
the measure falls within subsection (2) or (3) (or both), and
the enforcing authority considers that the measure is just and reasonable.
A measure falls within this subsection if it is for the purpose of—
preventing or reducing the risk of the subject not complying with any requirement imposed by or under the relevant enactment, or
bringing to the attention of persons likely to be interested in the matter—
the existence of the LME undertaking,
the circumstances in which it was given, and
any action taken (or not taken) by the subject in order to comply with the undertaking.
A measure falls within this subsection if it is prescribed, or is of a description prescribed, in regulations made by the Secretary of State.
The enforcing authority must not— unless the authority believes that at least one measure in the undertaking is necessary for the purpose mentioned in subsection (5).
invite the subject to give an LME undertaking, or
agree to the form of an undertaking,
That purpose is preventing or reducing the risk of the subject—
committing a further trigger offence under the relevant enactment, or
continuing to commit the trigger offence.
An LME undertaking must set out how each measure included for the purpose mentioned in subsection (2)(a) is expected to achieve that purpose.
In this section, the “relevant enactment” means the enactment under which the enforcing authority believes the trigger offence concerned has been or is being committed.
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An LME undertaking has effect from when it is accepted by the enforcing authority or from the later time specified in it for this purpose.
An LME undertaking has effect for the period specified in it but the maximum period for which an undertaking may have effect is 2 years.
The enforcing authority may release the subject from an LME undertaking.
The enforcing authority must release the subject from an LME undertaking if at any time during the period for which it has effect the authority believes that no measure in it is necessary for the purpose mentioned in section 15(5).
If the enforcing authority releases the subject from an LME undertaking it must take such steps as it considers appropriate to bring that fact to the attention of—
the subject;
any other persons likely to be interested in the matter.
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A notice may be given under section 14 to a person by—
delivering it to the person,
leaving it at the person’s proper address,
sending it by post to the person at that address, or
subject to subsection (6), sending it to the person by electronic means.
A notice to a body corporate may be given to any officer of that body.
A notice to a partnership may be given to any partner.
A notice to an unincorporated association (other than a partnership) may be given to any member of the governing body of the association.
For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also—
in the case of a body corporate or an officer of the body, the address of the body’s registered or principal office in the United Kingdom;
in the case of a partnership or a partner, the address of the principal office of the partnership in the United Kingdom;
in the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom.
A notice may be sent to a person by electronic means only if—
the person has indicated that notices under section 14 may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose, and
the notice is sent to that address in that form.
A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.
In this section—
“relevant Minister” means the Secretary of State or the Minister for the Cabinet Office ;
For section 5 of the Places of Worship Registration Act 1855 (fee to superintendent registrar) substitute—
Section 18 of the London Hackney Carriages Act 1843 (licences and badges to be delivered up on the discontinuance of licences) is amended as follows. At the beginning insert “(1)”. At the end of subsection (1) insert—
Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10)) is amended as follows. Section 2A(8) Failing to return an operator’s licence Summarily Level 3 on the standard scale Section 23A(8) Failing to return an operator’s licence Summarily Level 3 on the standard scale
Subject to sub-paragraph (2), if immigration bail is granted to a person, it must be granted subject to one or more of the following conditions— Sub-paragraph (3) applies in place of sub-paragraph (1) in relation to a person who is being detained under a provision mentioned in paragraph 1(1)(b) or (d) or who is liable to detention under such a provision. If immigration bail is granted to such a person— Immigration bail granted in accordance with sub-paragraph (1) or (3) may also be granted subject to a financial condition (see paragraph 5). Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the Secretary of State if the Secretary of State considers that to impose an electronic monitoring condition on the person would be— Where sub-paragraph (5) applies, the Secretary of State must not grant immigration bail to the person subject to an electronic monitoring condition. Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the First-tier Tribunal if the Secretary of State informs the Tribunal that the Secretary of State considers that to impose an electronic monitoring condition on the person would be— Where sub-paragraph (7) applies, the First-tier Tribunal must not grant immigration bail to the person subject to an electronic monitoring condition. In considering for the purposes of this Schedule whether it would be impractical to impose an electronic monitoring condition on a person, or would be impractical for a person to continue to be subject to such a condition, the Secretary of State may in particular have regard to— In this Schedule “Convention rights” is to be construed in accordance with section 1 of the Human Rights Act 1998. In this Schedule “bail condition”, in relation to a person on immigration bail, means a condition to which the person’s bail is subject.
In this Schedule a “financial condition” means a condition requiring the payment of a sum of money by the person to whom immigration bail is granted (“P”) or another person, in a case where P fails to comply with another condition to which P’s immigration bail is subject. A financial condition may be imposed on P only if the person imposing the condition thinks that it would be appropriate to do so with a view to ensuring that P complies with the other bail conditions. The financial condition must specify— A sum to be paid under a financial condition is to be paid to the person who granted the immigration bail, subject to sub-paragraph (5). If the First-tier Tribunal has directed that the power in paragraph 6(1) (power to vary bail conditions) is to be exercisable by the Secretary of State in relation to P, the sum is to be paid to the Secretary of State. No sum is required to be paid under a financial condition unless the person who is liable to make a payment under it has been given an opportunity to make representations to the person to whom it is to be paid. In England and Wales a sum payable under a financial condition is recoverable as if it were payable under an order of the county court in England and Wales. In Scotland a sum payable under a financial condition may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland. In Northern Ireland a sum payable under a financial condition is recoverable as if it were payable under an order of a county court in Northern Ireland. Where action is taken under this paragraph for the recovery of a sum payable under a financial condition, the requirement to pay the sum is—
This paragraph applies to a person who— Where the person is subject to an electronic monitoring condition, the First-tier Tribunal— This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State considers that— If, by virtue of paragraph 2(7) or this paragraph, the person is not subject to an electronic monitoring condition, the First-tier Tribunal— This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State—
Subject as follows, the Secretary of State must arrange a reference to the First-tier Tribunal for the Tribunal to decide whether to grant bail to a person if— In sub-paragraph (1)(b) “the relevant date” means— The following are relevant events in relation to a person for the purposes of sub-paragraph (2)(b)— The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person— The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person does not include such consideration in a case where— The duty in sub-paragraph (1) to arrange a reference does not apply if— A reference to the First-tier Tribunal under this paragraph in relation to a person is to be treated for all purposes as an application by that person for the grant of bail under paragraph 1(3).
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The appropriate court may, on an application by an enforcing authority under section 19, make a labour market enforcement order against a person if the court—
is satisfied, on the balance of probabilities, that the person has committed, or is committing, a trigger offence, and
considers that it is just and reasonable to make the order.
A labour market enforcement order (an “LME order”) is an order which— See section 21.
prohibits or restricts the person against whom it is made (“the respondent”) from doing anything set out in the order;
requires the respondent to do anything set out in the order.
In this section “the appropriate court”—
where the conduct constituting the trigger offence took or is taking place primarily in England and Wales, means a magistrates’ court;
where that conduct took or is taking place primarily in Scotland, means the sheriff;
where that conduct took or is taking place primarily in Northern Ireland, means a court of summary jurisdiction.
An application for an LME order under this section is—
in England and Wales, to be made by complaint;
in Northern Ireland, to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
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An enforcing authority may apply for an LME order to be made under section 18 against a person (the “proposed respondent”) if—
the authority has served a notice on the proposed respondent under section 14, and
the proposed respondent—
refuses to give an LME undertaking, or
otherwise fails, before the end of the negotiation period, to give an LME undertaking in the form attached to the notice or in such other form as may be agreed with the enforcing authority.
An enforcing authority may also apply for an LME order if the proposed respondent—
has given an LME undertaking to the enforcing authority, and
has failed to comply with the undertaking.
In subsection (1) “the negotiation period” means—
the period of 14 days beginning with the day after that on which the notice mentioned in paragraph (a) of that subsection was given, or
such longer period as may be agreed between the enforcing authority and the proposed respondent.
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This section applies where a court deals with a person in respect of a conviction for a trigger offence.
The court may make an LME order against the person if the court considers it is just and reasonable to do so.
An LME order must not be made under this section except—
in addition to a sentence imposed in respect of the offence concerned, or
in addition to an order discharging the person conditionally or, in Scotland, discharging the person absolutely.
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An LME order may include a prohibition, restriction or requirement (each a “measure”) if, and only if, the measure falls within subsection (2) or (3) (or both).
A measure falls within this subsection if it is for the purpose of—
preventing or reducing the risk of the respondent not complying with any requirement imposed by or under the relevant enactment, or
bringing to the attention of persons likely to be interested in the matter—
the existence of the LME order,
the circumstances in which it was made, and
any action taken (or not taken) by the respondent in order to comply with the order.
A measure falls within this subsection if it is prescribed, or is of a description prescribed, in regulations made by the Secretary of State.
Where an LME order includes a measure for the purpose mentioned in subsection (2)(a), the order must set out how the measure is expected to achieve that purpose.
In this section the “relevant enactment” means the enactment under which the trigger offence concerned has been or is being committed.
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An LME order has effect for the period specified in it but the maximum period for which an order may have effect is 2 years.
An LME order may not be made against an individual who is under 18.
If a court makes an LME order, the court may also—
release the respondent from any LME undertaking given in relation to the trigger offence concerned;
discharge any other LME order which is in force against the respondent and which was made by the court or any other court in the same part of the United Kingdom as the court.
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The appropriate court may by order vary or discharge an LME order—
on the application of the respondent;
if the order was made under section 18, on the application of the enforcing authority who applied for the order;
if the order was made under section 20, on the application of the enforcing authority whose officer conducted the investigation which resulted in the prosecution of the respondent for the trigger offence.
In this section “the appropriate court”—
in relation to an LME order made in England and Wales (whether made under section 18 or 20), means a magistrates’ court;
in relation to such an order made in Scotland, means the sheriff;
in relation to such an order made in Northern Ireland, means a court of summary jurisdiction.
An application for an order under this section is—
if made to a magistrates’ court in England and Wales, to be made by complaint;
if made to a court of summary jurisdiction in Northern Ireland, to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
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A respondent may appeal against—
the making of an LME order under section 18;
the making of, or refusal to make, an order under section 23.
An appeal under subsection (1) is to be made—
where the order was made or refused by a magistrates’ court in England and Wales, to the Crown Court;
where the order was made or refused by the sheriff, to the Sheriff Appeal Court;
where the order was made or refused by a court of summary jurisdiction in Northern Ireland, to a county court.
On an appeal under subsection (1) the court hearing the appeal may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just and reasonable.
An LME order that has been varied by virtue of subsection (3) remains an order of the court that first made it for the purposes of section 23.
A respondent may appeal against the making of an LME order under section 20 as if the order were a sentence passed on the respondent for the trigger offence.
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The Secretary of State must issue a code of practice giving guidance to enforcing authorities about the exercise of their functions under sections 14 to 23.
The Secretary of State may revise the code from time to time.
The code and any revised code—
must not be issued unless a draft has been laid before Parliament, and
comes into force on such day as the Secretary of State appoints by regulations.
The Secretary of State must publish the code and any revised code.
An enforcing authority must have regard to the current version of the code in exercising its functions under sections 14 to 23.
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An officer acting for the purposes of the Employment Agencies Act 1973—
may also act for the purposes of taking action where it appears that a person has failed to comply with an LME undertaking or an LME order where the trigger offence to which the undertaking or order relates is an offence under that Act, and
in doing so, has the same powers and duties as he or she has when acting for the purposes of that Act.
An officer acting for the purposes of the National Minimum Wage Act 1998—
may also act for the purposes of taking action where it appears that a person has failed to comply with an LME undertaking or an LME order where the trigger offence to which the undertaking or order relates is an offence under that Act, and
in doing so, has the same powers and duties as he or she has when acting for the purposes of that Act.
An officer acting as an enforcement officer for the purposes of the Gangmasters (Licensing) Act 2004—
may also act for the purposes of taking action where it appears that a person has failed to comply with an LME undertaking or an LME order where the trigger offence to which the undertaking or order relates is an offence under that Act, and
in doing so, has the same powers and duties as he or she has when acting as an enforcement officer for the purposes of that Act.
In this section references to the Gangmasters (Licensing) Act 2004 are references to that Act only so far as it applies in relation to England and Wales and Scotland.
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A person against whom an LME order is made commits an offence if the person, without reasonable excuse, fails to comply with the order.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both;
on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months, to a fine or to both;
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (2)(b) to 12 months is to be read as a reference to 6 months.
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If an offence under section 27 committed by a body corporate is proved— the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer of the body, or
to be attributable to any neglect on the part of such an officer,
In subsection (1) “officer”, in relation to a body corporate, means—
a director, manager, secretary or other similar officer of the body;
a person purporting to act in any such capacity.
If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
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In a case falling within subsection (2), an unincorporated association is to be treated as a legal person for the purposes of sections 14 to 27.
A case falls within this subsection if it relates to a trigger offence for which it is possible to bring proceedings against an unincorporated association in the name of the association.
Proceedings for an offence under section 27 alleged to have been committed by an unincorporated association may be brought against the association in the name of the association.
For the purposes of such proceedings—
rules of court relating to the service of documents have effect as if the association were a body corporate, and
the following provisions apply as they apply in relation to a body corporate—
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;
sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995;
section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
A fine imposed on the association on its conviction of an offence is to be paid out of the funds of the association.
If an offence under section 27 committed by an unincorporated association is proved— the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer of the association, or
to be attributable to any neglect on the part of such an officer,
In subsection (6) “officer”, in relation to any association, means—
an officer of the association or a member of its governing body;
a person purporting to act in such a capacity.
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If an offence under section 27 committed by a partner of a partnership which is not regarded as a legal person is shown— that other partner, as well as the first-mentioned partner, is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of another partner, or
to be attributable to any neglect on the part of another partner,
Proceedings for an offence under section 27 alleged to have been committed by a partnership which is regarded as a legal person may be brought against the partnership in the firm name.
For the purposes of such proceedings—
rules of court relating to the service of documents have effect as if the partnership were a body corporate, and
the following provisions apply as they apply in relation to a body corporate—
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;
sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995;
section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
A fine imposed on a partnership on its conviction of an offence is to be paid out of the funds of the partnership.
If an offence under section 27 committed by a partnership is proved— the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a partner, or
to be attributable to any neglect on the part of a partner,
In subsections (1) and (5) “partner” includes a person purporting to act as a partner.
For the purposes of this section a partnership is, or is not, “regarded as a legal person” if it is, or is not, so regarded under the law of the country or territory under which it was formed.
Schedule 3 (consequential and related amendments) has effect.
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Regulations under section 3 or 14 must not prescribe a requirement, function or offence if provision imposing the requirement, conferring the function or creating the offence falls within subsection (3).
Regulations under section 11 must not confer a function if provision doing so falls within subsection (3).
Provision falls within this subsection if—
it would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament,
it would be within the legislative competence of the National Assembly for Wales if contained in an Act of that Assembly, or
it would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly made without the consent of the Secretary of State.
Regulations under section 3, 11 or 14 may make such provision amending, repealing or revoking any provision of any enactment, including this Chapter, as the Secretary of State considers appropriate in consequence of the regulations.
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The Immigration Act 1971 is amended as follows.
In section 3(1)(c)(i) (power to grant limited leave to enter or remain in the United Kingdom subject to condition restricting employment or occupation) for “employment” substitute “ work ”.
After section 24A insert—
In section 28A(3)(a) (arrest without warrant) after “section” insert “ 24B, ”.
In section 28B(5) (search and arrest by warrant: relevant offences) after “24A,” insert “ 24B, ”.
In section 28CA(1) (business premises: entry to arrest) after paragraph (b) insert—.
In section 28D(4) (entry and search of premises: relevant offences) after “24A,” insert “ 24B, ”.
In section 28FA(1)(a) (search for personnel records: offences to which section applies) for “or 24A(1)” substitute “ , 24A(1) or 24B(1) ”.
Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of knowingly employing illegal worker) is amended in accordance with subsections (2) to (4).
In subsection (1) for the words from “an adult” to the end of the subsection substitute “ disqualified from employment by reason of the employee's immigration status. ”
After subsection (1) insert—
In subsection (2)(a)(i) (maximum term of imprisonment for conviction of offence on indictment) for “two” substitute “ five ”.
Section 22 of the Immigration, Asylum and Nationality Act 2006 (offences by bodies corporate etc) is amended in accordance with subsections (6) and (7).
After subsection (1) insert—
In each of subsections (2) and (4) after “21(1)” insert “ or (1A) ”.
In section 24(a) of the Immigration, Asylum and Nationality Act 2006 (immigration bail) for “21(1)” substitute “ 21(1B) ”.
In section 28A of the Immigration Act 1971 (arrest without warrant)—
after subsection (9A) insert—,
in subsection (10) for “and (5)” substitute “ , (5) and (9B) ”, and
in subsection (11) for “and (5)” substitute “ , (5) and (9B) ”.
In section 28AA(1) of that Act (arrest with warrant) for paragraphs (a) and (b) substitute “ section 24(1)(d) ”.
Schedule 4 (Licensing Act 2003: amendments relating to illegal working) has effect.
The Secretary of State may by regulations make provision which—
has a similar effect to the amendments made by Schedule 4, and
applies in relation to Scotland or Northern Ireland.
Regulations under subsection (2) may—
amend, repeal or revoke any enactment;
confer functions on any person.
Regulations under subsection (2) may not confer functions on—
the Scottish Ministers,
the First Minister and deputy First Minister in Northern Ireland,
a Northern Ireland Minister, or
a Northern Ireland department.
In this section “enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
Schedule 5 (private hire vehicles etc) has effect.
Schedule 6 (illegal working closure notices and illegal working compliance orders) has effect.
The Immigration Act 2014 is amended in accordance with subsections (2) to (5).
After section 33 insert—
In section 35 (transitional provision) after subsection (3) insert—
In section 36 (Crown application) at the end insert “ or the landlord for the purposes of section 33A. ”
In section 37(4)(a) (provisions in which references to the landlord are to any of them)—
omit the “and” at the end of sub-paragraph (ii), and
at the end of sub-paragraph (iii) insert—.
In section 28A of the Immigration Act 1971 (arrest without warrant)—
after subsection (9B) insert—,
in subsection (10) for “and (9B)” substitute “ , (9B) and (9C) ”, and
in subsection (11) for “and (9B)” substitute “ , (9B) and (9C) ”.
The Immigration Act 2014 is amended in accordance with subsections (2) to (4).
After section 33C (inserted by section 39) insert—
In section 35 (transitional provision) after subsection (6) (inserted by section 39(3)) insert—
In section 37(4)(a) (provisions in which references to the landlord are to any of them) after sub-paragraph (iv) (inserted by section 39(5)(b)) insert—.
In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences) after subsection (7C) insert—
In section 5 of the Housing Act 1988 (security of tenure)—
in subsection (1) omit the “or” at the end of paragraph (b) and at the end of paragraph (c) insert, or , and
in subsection (2) omit the “or” at the end of paragraph (a) and at the end of paragraph (b) insert, or .
The amendments made by subsections (5) and (6) apply in relation to a tenancy or (in the case of subsection (5)) a licence entered into before or after the coming into force of this section.
The Housing Act 1988 is amended in accordance with subsections (2) to (5).
In Part 1 of Schedule 2 (assured tenancies: grounds on which court must order possession) after Ground 7A insert—
In section 7 (orders for possession)—
in subsection (3) after “subsections (5A) and (6)” insert “ and section 10A ”,
in subsection (5A)(a) for “and 7A” substitute “ , 7A and 7B ”,
in subsection (6)(a) after “Ground 7A” insert “ , Ground 7B ”, and
after subsection (6A) insert—
In section 8(5) (cases where court may not dispense with notice of proceedings for possession) after “Ground 7A” insert “ , 7B ”.
After section 10 insert—
In Part 1 of Schedule 15 to the Rent Act 1977 (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies) after Case 10 insert—
The amendments made by this section apply in relation to a tenancy entered into before or after the coming into force of this section.
The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for enabling any of the residential tenancies provisions to apply in relation to Wales, Scotland or Northern Ireland.
The Secretary of State may by regulations make provision which—
has a similar effect to any of the residential tenancies provisions, and
applies in relation to Wales, Scotland or Northern Ireland.
Regulations under subsection (1) or (2) may—
amend, repeal or revoke any enactment;
confer functions on any person.
Regulations under subsection (1) or (2) may not confer functions on—
the Welsh Ministers,
the Scottish Ministers,
the First Minister and deputy First Minister in Northern Ireland,
a Northern Ireland Minister, or
a Northern Ireland department.
In this section—
Schedule 2 to the Immigration Act 1971 (administrative provisions as to control of entry etc) is amended in accordance with subsections (2) and (3).
After paragraph 25C insert—
In paragraph 25D(8) (access and copying: meaning of seized material) at the end insert “ other than a driving licence seized under paragraph 25CC. ”
In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable force) after paragraph (a) insert—.
In the period (if any) between the coming into force of subsection (2) and the coming into force of the Departments Act (Northern Ireland) 2016, references to the Department for Infrastructure for Northern Ireland in paragraph 25CC(3)(b), (8) and (9)(b) of Schedule 2 to the Immigration Act 1971 (as inserted by subsection (2)) are to be read as references to the Department of the Environment for Northern Ireland.
The Immigration Act 1971 is amended in accordance with subsections (2) to (6).
Before section 25 insert—
In section 28A(3)(a) (arrest without warrant) before “25” insert “ 24C, ”.
In section 28B(5) (search and arrest by warrant: relevant offences) before “26A” insert “ 24C, ”.
In section 28CA(1) (business premises: entry to arrest) for the “or” at the end of paragraph (b) substitute—.
In section 28D(4) (entry and search of premises: relevant offences) before “25” insert “ 24C, ”.
In section 16(2A)(b) of the Police and Criminal Evidence Act 1984 (powers of persons accompanying constables in execution of warrants) after “seizure” insert “ or detention ”.
In Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)) (powers of persons accompanying constables in execution of warrants) after “seizure” insert “ or detention ”.
In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable force) before paragraph (a) insert—.
Schedule 7 (bank accounts) has effect.
Before the end of the period mentioned in subsection (3), the Secretary of State must—
review the operation of sections 40A to 40G of the Immigration Act 2014 (inserted by Schedule 7),
prepare a report of the review, and
lay a copy of the report before Parliament.
The period referred to in subsection (2) is the period of 5 years beginning with the day on which Schedule 7 comes fully into force.
Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.
In paragraph 2(1) (examination by immigration officers) at the end of paragraph (c) insert; and
After paragraph 15 insert—
In paragraph 25A (entry and search of premises where person arrested or detained under Schedule 2)—
after sub-paragraph (7) insert—,
in sub-paragraph (8) for “sub-paragraph (7)(a) does” substitute “ sub-paragraphs (7) to (7C) do ”, and
in sub-paragraph (8A) for “sub-paragraph (7)” substitute “ this paragraph ”.
In paragraph 25B (search of person arrested under Schedule 2) after sub-paragraph (8) insert—
This section applies if an immigration officer is lawfully on any premises.
The immigration officer may search the premises for documents which might be of assistance in determining whether a person is liable to the imposition of a penalty under—
section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty for employing illegal worker etc), or
section 23 or 25 of the Immigration Act 2014 (penalty for leasing premises to disqualified person etc).
The power may be exercised—
only if the immigration officer has reasonable grounds for believing there are documents within subsection (2) on the premises, and
only to the extent that it is reasonably required for the purpose of discovering such documents.
An immigration officer searching premises under this section may seize any document the officer finds which the officer has reasonable grounds for believing is a document within subsection (2).
Subsection (6) applies where—
an immigration officer is searching premises under this section, and
any document the officer has reasonable grounds for believing is a document within subsection (2) is stored in any electronic form and is accessible from the premises.
The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
If a requirement under subsection (6) is not complied with or a document to which that subsection applies cannot be produced in a form of the kind mentioned in that subsection, the immigration officer may seize the device or medium on which it is stored.
But subsections (4) to (7) do not apply to a document or item which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.
An immigration officer may retain a document or item seized under this section while the officer has reasonable grounds for believing that the document may be required—
for the purposes of determining whether a person is liable to the imposition of a penalty under a provision mentioned in subsection (2),
for the purposes of any objection relating to the imposition of such a penalty, or
for the purposes of any appeal or other legal proceedings relating to the imposition of such a penalty.
But a document or item may not be retained for a purpose mentioned in subsection (9) if a photograph or copy would be sufficient for that purpose.
Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to a document seized and retained under this section as it applies to anything seized and retained under Part 3 of that Act.
This section applies if an immigration officer is lawfully on any premises.
The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing—
that it has been obtained in consequence of the commission of an offence, and
that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing—
that it is evidence in relation to an offence, and
that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
The immigration officer may require any information which is stored in any electronic form and is accessible from the premises to be produced if the officer has reasonable grounds for believing—
that—
it is evidence in relation to an offence, or
it has been obtained in consequence of the commission of an offence, and
that it is necessary to seize it in order to prevent it being concealed, lost, tampered with or destroyed.
The reference in subsection (4) to information which is stored in any electronic form being produced is to such information being produced in a form—
in which it can be taken away, and
in which it is visible and legible or from which it can readily be produced in a visible and legible form.
This section does not authorise an immigration officer to seize an item which the officer has reasonable grounds for believing is an item subject to legal privilege.
Anything seized by an immigration officer under this section which relates to an immigration offence may be retained so long as is necessary in all the circumstances and in particular—
may be retained, except as provided for by subsection (8)—
for use as evidence at a trial for an offence, or
for forensic examination or for investigation in connection with an offence, and
may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
Nothing may be retained for a purpose mentioned in subsection (7)(a) if a photograph or copy would be sufficient for that purpose.
Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to anything seized and retained under this section which relates to an immigration offence as it applies to anything seized and retained by an immigration officer under Part 3 of that Act.
This section does not apply in relation to anything which may be seized by an immigration officer under—
section 19 of the Police and Criminal Evidence Act 1984 as applied by an order under section 23 of the Borders, Citizenship and Immigration Act 2009, or
Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12) as applied by that section.
In this section and section 49 “immigration offence” means an offence which relates to an immigration or nationality matter.
This section applies if an immigration officer exercises—
the power under section 48 to seize or take away an item on the basis that the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence other than an immigration offence (a “relevant offence”), or
a power to that effect in Part 3 of the Immigration Act 1971 as applied by section 14(3) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004.
Subject to subsection (3), the immigration officer must, as soon as is reasonably practicable after the power is exercised, notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.
If the immigration officer has reasonable grounds for believing that the item referred to in subsection (1) has also been obtained in consequence of the commission of, or is evidence in relation to, an immigration offence, the immigration officer may notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.
A person notified under this section of the exercise of a power mentioned in subsection (1) in relation to an item must, as soon as is reasonably practicable after being so notified, inform the immigration officer whether the person will accept the item.
The person may inform the immigration officer that the person will not accept the item only if—
the person does not think the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence,
the person does not have functions in relation to the investigation of the relevant offence, or
the person thinks that it would be more appropriate for the relevant offence to be investigated by another person with such functions.
If the person informs the immigration officer that the person will accept the item, the immigration officer must give it to the person as soon as is reasonably practicable.
Once the item has been given as mentioned in subsection (6), any provision of an enactment which applies to items seized or taken away by the person applies to the item as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence.
If the person informs the immigration officer that the person will not accept the item because subsection (5)(a) applies, the immigration officer must, as soon as is reasonably practicable, return the item in accordance with subsection (10).
If the person informs the immigration officer that the person will not accept the item because subsection (5)(b) or (c) applies, the immigration officer must, as soon as is reasonably practicable—
notify the exercise of a power mentioned in subsection (1) in relation to the item to another person (if any) who the immigration officer thinks has functions in relation to the investigation of the relevant offence, or
if there is no such person, return the item in accordance with subsection (10).
An item which must be returned in accordance with this subsection must be returned—
to the person from whom it was seized, or
if there is no such person, to the place from which it was seized or taken away.
Where an item to which this section applies or information contained in such an item has been obtained in consequence of the commission of, or is evidence in relation to, more than one offence, references in this section to the relevant offence are to any of those offences.
A function conferred or imposed by this section on an immigration officer may be exercised by any other immigration officer.
In this section “enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, and
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
After section 28H of the Immigration Act 1971 insert—
The Secretary of State may direct a detainee custody officer, prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to—
a detained person who is detained in a removal centre, prison or young offender institution, or
a person who is detained in a short-term holding facility.
The Secretary of State may direct a prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to a person detained in a prison or young offender institution—
who has been recommended for deportation by a court under section 3(6) of the Immigration Act 1971,
in respect of whom the Secretary of State—
is considering whether to make a deportation order under section 5(1) of that Act,
has decided to make such a deportation order, or
has made such a deportation order, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in respect of whom the Secretary of State—
is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,
has decided that section 32(5) of that Act applies, or
has made such a deportation order in accordance with section 32(5) of that Act.
In this section and section 52 “relevant officer” means a detainee custody officer, prison officer or prisoner custody officer.
The Secretary of State may give a direction in relation to a person detained as mentioned in subsection (1) or (2) only if the Secretary of State has reasonable grounds to believe a relevant nationality document will be found if a power in subsection (6) is exercised in relation to the person.
A relevant officer to whom a direction is given under subsection (1) or (2) must (if able to do so) comply with it.
The Secretary of State may give a direction as mentioned in subsection (2)(b)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—
the Secretary of State has notified the person in writing that the Secretary of State is considering whether to make a deportation order under section 5(1) of the Immigration Act 1971 against the person, or
where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided to make such a deportation order against the person.
The powers referred to in subsections (1), (2) and (4) are—
to require the person to hand over to the relevant officer all relevant nationality documents in his or her possession,
to search for such documents and to take possession of any that the relevant officer finds,
to inspect any relevant nationality documents obtained in the course of the exercise of a power in paragraph (a) or (b), and
to seize and retain any such documents so obtained.
The Secretary of State may give a direction as mentioned in subsection (2)(d)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—
the Secretary of State has notified the person in writing that the Secretary of State is considering whether section 32(5) of the UK Borders Act 2007 applies in respect of the person, or
where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided that section 32(5) of that Act applies in respect of the person.
The power in subsection (6)(b) is a power to search any of the following—
the person;
anything the person has with him or her;
the person's accommodation in the removal centre, short-term holding facility, prison or young offender institution;
any item of the person's property in the removal centre, short-term holding facility, prison or young offender institution.
A full search may be carried out under subsection (7)(a); but such a search may not be carried out in the presence of—
another person detained as mentioned in subsection (1) or (2), or
a person of the opposite sex.
An intimate search may not be carried out under subsection (7)(a).
A relevant officer may if necessary use reasonable force for the purposes of exercising a power in subsection (6)(a) or (b).
A relevant officer must pass a relevant nationality document seized and retained under subsection (6)(d) to the Secretary of State as soon as is reasonably practicable.
The Secretary of State may retain a relevant nationality document which comes into the Secretary of State's possession under subsection (11) while the Secretary of State suspects that—
a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
retention of the document may facilitate the removal.
If subsection (12) does not apply to a document which comes into the Secretary of State's possession under this section, the Secretary of State may—
arrange for the document to be returned in accordance with subsection (14), or
if the Secretary of State thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Secretary of State thinks appropriate.
A document which is required to be returned in accordance with this subsection must be returned to—
the person who was previously in possession of it, or
if it was not found in the possession of a person, the location in which it was found.
In this section and section 52—
“contract” means a contract whether express or implied and, if express, whether oral or in writing;
The Employment Agencies Act 1973 is amended as follows.
In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—
in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;
in Part 3 (other disqualifying offices), at the appropriate place insert “Director of Labour Market Enforcement”.
In the Regulation of Investigatory Powers Act 2000, in Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for purposes of sections 28 and 29 of that Act) in paragraph 20E for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
The Plymouth City Council Act 1975 is amended as follows.
An immigration officer may by the issue of a cancellation notice cancel an illegal working closure notice if— A cancellation notice may be issued only—
This paragraph applies where an application has been made under paragraph 5 for an illegal working compliance order. The court may adjourn the hearing of the application for a period of not more than 14 days to enable any person who has an interest in the premises to show why an illegal working compliance order should not be made. If the court adjourns the hearing it may order that the illegal working closure notice continues in force until the end of the period of adjournment.
An appeal against a decision— may be made by a person on whom the illegal working closure notice was served under paragraph 4, or any other person who has an interest in the premises. An appeal against a decision— may be made by an immigration officer. An appeal under this paragraph— An appeal under this paragraph must be made within the period of 21 days beginning with the date of the decision to which it relates. On an appeal under this paragraph the court may make whatever order it thinks appropriate. The court must notify the relevant licensing authority if it makes an illegal working compliance order in relation to premises in England and Wales in respect of which a premises licence is in force.
Where— an occupier or owner of that other part may apply to the court for an order under this paragraph. Notice of an application under this paragraph must be given to— On an application under this paragraph the court may make whatever order it thinks appropriate in relation to access to any part of the building or structure mentioned in sub-paragraph (1). For the purposes of sub-paragraph (3), it does not matter whether provision has been made under paragraph 5(10)(b).
A person who claims to have incurred financial loss in consequence of an illegal working closure notice, other than one cancelled under paragraph 3(1)(b), may apply to the court for compensation. An application under this paragraph may not be heard unless it is made before the end of the period of 3 months starting with the day on which the notice ceases to have effect. On an application under this paragraph the court may order the payment of compensation out of money provided by Parliament if it is satisfied—
After section 167(1) of the Licensing Act 2003 insert—
Before section 9 insert—
After section 2 insert—
Section 9 (inspection) is amended as follows. Before subsection (1) insert— In subsection (1), for “duly authorised in that behalf by the Secretary of State” substitute “acting for the purposes of this Act”. In subsection (4)(a), in each of sub-paragraphs (ii) and (iii), for “or servant appointed by, or person exercising functions on behalf of, the Secretary of State” substitute “acting for the purposes of this Act,”.
Section 9 (licensing of drivers of private hire vehicles) is amended as follows. In subsection (1)— After subsection (1) insert—
In section 11(1) (drivers’ licences for hackney carriages and private hire vehicles)—
in paragraph (a) for “Every” substitute “Subject to section 11A, every”, and
in paragraph (b) after “1889,” insert “but subject to section 11A,”.
After section 11 insert—
Section 13 (licensing of operators of private hire vehicles) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2) for “Every” substitute “Subject to section 13A, every”.
After section 13 insert—
Section 17 (qualification for drivers of hackney carriages) is amended as follows. In subsection (1)— After subsection (1) insert—
Section 19 (suspension and revocation of drivers’ licences) is amended as follows. In subsection (1) before the “or” at the end of paragraph (a) insert—. After subsection (1) insert— After subsection (2) insert—
Section 20 (suspension and revocation of operators’ licences) is amended as follows. In subsection (1) before the “or” at the end of paragraph (c) insert—. After subsection (1) insert—
After section 20 insert—
In section 37 (appeals) after subsection (2) insert—
For the purposes of this section and section 52 a nationality document is “relevant” if it relates to a person who is liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts.
In this section the following expressions have the same meaning as in Part 8 of the Immigration and Asylum Act 1999 (see section 147)— “detained person”; “detainee custody officer”; “prisoner custody officer”; “removal centre”; “short-term holding facility”.
A relevant officer may seize a nationality document which the relevant officer finds in the course of the exercise of a power to search other than one conferred by section 51.
Where a relevant officer seizes a nationality document under subsection (1), the relevant officer—
must seek the consent of the Secretary of State to retain the document, and
if the relevant officer obtains the Secretary of State's consent, must pass the document to the Secretary of State as soon as is practicable.
The Secretary of State may give consent under subsection (2) only if the Secretary of State has reasonable grounds to believe that—
the document is a relevant nationality document, and
the document may facilitate the removal of the person to whom it relates from the United Kingdom in accordance with a provision of the Immigration Acts.
If the Secretary of State does not give consent under subsection (2), the Secretary of State must—
direct the relevant officer to return the document as mentioned in subsection (5), or
if the Secretary of State thinks that it would not be appropriate to return the document, direct the relevant officer to dispose of the document in such manner as the Secretary of State may direct.
A document which is required to be returned in accordance with this subsection must be returned to—
the person who was previously in possession of it, or
if it was not found in the possession of a person, the location in which it was found.
The Secretary of State may retain a relevant nationality document which comes into the Secretary of State's possession under this section while the Secretary of State suspects that—
a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
retention of the document may facilitate the removal.
If subsection (6) does not apply to a document which comes into the Secretary of State's possession under this section, the Secretary of State may—
arrange for the document to be returned in accordance with subsection (5), or
if the Secretary of State thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Secretary of State thinks appropriate.
Schedule 11 to the Immigration and Asylum Act 1999 (detainee custody officers) is amended as follows.
In paragraph 4 (offence of assaulting detainee custody officer)—
omit the “or” at the end of paragraph (b), and
at the end of paragraph (c) insertor .
In paragraph 5 (offence of obstructing detainee custody officer)—
omit the “or” at the end of paragraph (b), and
at the end of paragraph (c) insertor .
After paragraph 8 insert—
Schedule 8 (amendments to search warrant provisions) has effect.
Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) is amended in accordance with subsections (2) to (10).
For the heading substitute “ Power to supply information etc to Secretary of State ”.
In subsection (1) for paragraphs (a) to (f) substitute—
In subsection (1A) in each of paragraphs (a) and (b) for “a person listed in subsection (1) or someone acting on his behalf” substitute “ a public authority or someone acting on behalf of a public authority ”.
After subsection (1A) insert—
After subsection (2A) insert—
In subsection (3) after paragraph (d) insert—.
After subsection (3) insert—
Omit subsection (4).
After subsection (6) insert—
After section 20 of the Immigration and Asylum Act 1999 insert—
In section 166 of the Immigration and Asylum Act 1999 (regulations and orders)—
after subsection (5) insert—, and
in subsection (6), before the “or” at the end of paragraph (a) insert—.
Before Schedule 1 to the Immigration and Asylum Act 1999 insert the Schedule A1 set out in Schedule 9.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.
In section 24A (extension of period of detention under section 24) for subsection (7) substitute—
In section 26A(2) (power of arrest of authorised immigration officers) omit “or immigration enforcement offence”.
Section 26B(1) (interpretation of Part 3) is amended as follows.
In the definition of “immigration offence”—
after “means” insert “— (a)”, and
at the end of paragraph (a) insert , or.
Omit the definition of “immigration enforcement offence”.
Section 141 of the Immigration and Asylum Act 1999 (powers to take fingerprints from certain persons and their dependants) is amended as follows.
In subsection (7) for paragraph (f) substitute—
In subsection (8)(f) after “person” insert “ of whose family he is a member or ”.
In subsection (9)(f) after “person” insert “ of whose family he is a member or ”.
After subsection (13) insert—
In subsection (14) for “(7)(f)” substitute “ (7)(f)(ii) ”.
Section 142 of the Immigration and Asylum Act 1999 (attendance for fingerprinting) is amended as follows.
In subsection (2) for “a dependant of” substitute “ a member of the family of, or a dependant of, ”.
In subsection (2A) for “a dependant of” substitute “ a member of the family of ”.
Until the commencement of the repeal of section 143 of the Immigration and Asylum Act 1999 (destruction of fingerprints) by paragraph 17(2) of Schedule 9 to the Immigration Act 2014, subsection (9) of that section has effect as if after “the person” there were inserted “ of whose family he is a member or ”.
In section 144A(2) of the Immigration and Asylum Act 1999 (application of regulations about use and retention of fingerprints etc to dependants) after “the person” insert “ of whose family F is a member or ”.
In this Part “immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.
In this Part “premises” and “item subject to legal privilege” have the same meaning—
in relation to England and Wales, as in the Police and Criminal Evidence Act 1984;
in relation to Northern Ireland, as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12));
in relation to Scotland, as in section 412 of the Proceeds of Crime Act 2002.
The Secretary of State must issue guidance specifying matters to be taken into account by a person to whom the guidance is addressed in determining—
whether a person (“P”) would be particularly vulnerable to harm if P were to be detained or to remain in detention, and
if P is identified as being particularly vulnerable to harm in those circumstances, whether P should be detained or remain in detention.
In subsection (1) “detained” means detained under— and “detention” is to be construed accordingly.
the Immigration Act 1971,
section 62 of the Nationality, Immigration and Asylum Act 2002, or
section 36 of the UK Borders Act 2007,
A person to whom guidance under this section is addressed must take the guidance into account.
Before issuing guidance under this section the Secretary of State must lay a draft of the guidance before Parliament.
Guidance under this section comes into force in accordance with regulations made by the Secretary of State.
The Secretary of State may from time to time review guidance under this section and may revise and re-issue it.
References in this section to guidance under this section include revised guidance.
This section applies to a woman if the Secretary of State is satisfied that the woman is pregnant.
A woman to whom this section applies may not be detained under a relevant detention power unless the Secretary of State is satisfied that—
the woman will shortly be removed from the United Kingdom, or
there are exceptional circumstances which justify the detention.
In determining whether to authorise the detention under a relevant detention power of a woman to whom this section applies, a person who, apart from this section, has power to authorise the detention must have regard to the woman's welfare.
A woman to whom this section applies may not be detained under a relevant detention power for a period of—
more than 72 hours from the relevant time, or
more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
In subsection (4) “the relevant time” means the later of—
the time at which the Secretary of State is first satisfied that the woman is pregnant, and
the time at which the detention begins.
A woman to whom this section applies who has been released following detention under a relevant detention power may be detained again under such a power in accordance with this section.
This section does not apply to the detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 of an unaccompanied child to whom paragraph 18B of that Schedule applies.
In this section—
The Immigration Act 1971 is amended in accordance with subsections (10) and (11).
The detention under sub-paragraph (2) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
The detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) after subsection (7) insert—
In section 36 of the UK Borders Act 2007 (detention) after subsection (2) insert—
Schedule 10 (immigration bail) has effect.
In that Schedule—
Part 1 contains the main provisions about immigration bail, and
Part 2 contains amendments to other Acts.
A person may be released and remain on bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971 even if the person can no longer be detained under a provision of the Immigration Acts to which that paragraph applies, if the person is liable to detention under such a provision.
The reference in subsection (3) to paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971 includes that paragraph as applied by any other provision of the Immigration Acts.
Subsections (3) and (4) are to be treated as always having had effect.
Subsections (3) to (5) are repealed on the coming into force of the repeal of paragraphs 22 and 29 of Schedule 2 to the Immigration Act 1971 by paragraph 20 of Schedule 10.
In section 3C of the Immigration Act 1971 (continuation of leave pending variation decision) after subsection (3) insert—
In section 4(1) of that Act (persons by whom and means by which powers are to be exercised) after “conditions)” insert “ or to cancel any leave under section 3C(3A) ”.
Section 94B of the Nationality, Immigration and Asylum Act 2002 (appeals from within the United Kingdom: certification of human rights claims made by persons liable to deportation) is amended in accordance with subsections (2) to (5).
In the heading omit “made by persons liable to deportation”.
In subsection (1) omit the words from “who is liable” to the end of paragraph (b).
In subsection (2) for the words from “removal” to “removed” substitute “ refusing P entry to, removing P from or requiring P to leave the United Kingdom ”.
In subsection (3) for the words from “removed” in the first place it appears to “removed” in the second place it appears substitute “ refused entry to, removed from or required to leave the United Kingdom ”.
In section 92(3)(a) of that Act (cases where human rights claim appeal must be brought from outside the United Kingdom) omit “made by persons liable to deportation”.
In the Immigration Act 1971 omit section 3D (continuation of leave following revocation).
In section 2(2)(a) of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals) omit “or 3D”.
In section 120(4)(b) of the Nationality, Immigration and Asylum Act 2002 (requirement to state additional grounds for application etc) omit “or 3D”.
In consequence of the repeals made by this section, the following are repealed—
paragraph 14(b)(i) of Schedule 1 to the Immigration, Asylum and Nationality Act 2006, and
paragraph 22 of Schedule 9 to the Immigration Act 2014.
The repeals made by this section do not apply in relation to a person (“P”) where—
P's leave was extended by virtue of section 3D of the Immigration Act 1971 immediately before 6 April 2015, and
immediately before the coming into force of this section an appeal by P against the variation or revocation of P's leave to enter or remain in the United Kingdom was pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002.
In the Immigration Act 1971 omit paragraph 2A(9) of Schedule 2 (deemed refusal of leave to enter).
In consequence of the repeal made by this section, paragraph 23 of Schedule 9 to the Immigration Act 2014 is repealed.
The repeals made by this section do not apply in relation to a person if, immediately before the coming into force of this section, the person's appeal by virtue of paragraph 2A(9) of Schedule 2 to the Immigration Act 1971 against the cancellation of the person's leave to enter under paragraph 2A(8) of that Schedule was pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002.
Schedule 11 (support for certain categories of migrant) has effect.
The Secretary of State must, as soon as possible after the passing of this Act, make arrangements to relocate to the United Kingdom and support a specified number of unaccompanied refugee children from other countries in Europe.
The number of children to be resettled under subsection (1) shall be determined by the Government in consultation with local authorities.
The relocation of children under subsection (1) shall be in addition to the resettlement of children under the Vulnerable Persons Relocation Scheme.
Schedule 12 (availability of local authority support) has effect.
This section applies in relation to a local authority ... (“the first authority”) if—
the authority has functions under any of the relevant provisions in relation to a relevant child, or
functions under any of the relevant provisions may be conferred on the authority in relation to a relevant child.
The first authority may make arrangements with another local authority in the same part of the United Kingdom (“the second authority”) under which—
if this section applies to the authority by virtue of paragraph (a) of subsection (1), the functions mentioned in that paragraph become functions of the second authority in relation to the relevant child, and
if this section applies to the authority by virtue of paragraph (b) of subsection (1), the functions mentioned in that paragraph become functions that may be conferred on the second authority in relation to the relevant child.
The effect of arrangements under subsection (2) is that, from the time at which the arrangements have effect in accordance with their terms—
functions under the relevant provisions cease to be functions of, and may not be conferred on, the first authority in relation to the relevant child (“C”),
any of the relevant provisions which immediately before that time applied in relation to C as a result of C's connection with the first authority or the area of the first authority have effect as if C had that connection with the second authority or the area of the second authority (if that would not otherwise be the case), and
C is to be treated for the purposes of the relevant provisions as if C were not and had never been ordinarily resident in the area of the first authority (if that would otherwise be the case).
Subsections (3)(b) and (3B)(b) are subject to any change in C's circumstances after the time at which the arrangements have effect.
The first authority may make arrangements with another local authority in a different part of the United Kingdom (“the second authority”) having the effects mentioned in subsection (3B).
Nothing in subsection (3) or (3B) affects any liability of the first authority in relation to C for any act or omission of the first authority before the time at which the arrangements have effect.
The effects are that, from the time at which the arrangements have effect in accordance with their terms—
the first authority ceases to have any functions in relation to the relevant child (“C”) under the relevant provisions and functions under those provisions may not be conferred on the first authority in relation to C,
C is to be treated as having a like connection with the second authority, or the area of the second authority, as C had immediately before that time with the first authority or the area of the first authority, and
C is to be treated for the purposes of the relevant provisions in relation to both the first authority and the second authority as if the first authority had never had any functions in relation to C.
The Secretary of State may by regulations make further provision about the effect of arrangements under this section.
Where a statutory provision would, but for this subsection, require the approval of a court or of any other person for arrangements under subsection (3A), that statutory provision does not apply in relation to such arrangements.
Arrangements under this section may not be brought to an end by the first or second authority once they have come into effect.
In this section “local authority”—
in relation to England and Wales has the same meaning as in the Children Act 1989 (see section 105(1) of that Act),
in relation to Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and
in relation to Northern Ireland means a Health and Social Care trust established under Article 10 of the Health and Personal Services (Northern Ireland) Order 1991.
In this section “relevant child” means—
a person under the age of 18 who is unaccompanied and has made a protection claim which has not been determined,
a person under the age of 18 who is unaccompanied and who—
requires leave to enter or remain in the United Kingdom but does not have it, and
is a person of a kind specified in regulations made by the Secretary of State, or
a person under the age of 18 who is unaccompanied and who—
has leave to enter or remain in the United Kingdom, and
is a person of a kind specified in regulations made by the Secretary of State.
The Secretary of State may by regulations make provision about the meaning of “unaccompanied” for the purposes of subsection (9).
In subsection (9)—
“protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002, and
the reference to a protection claim having been determined is to be construed in accordance with section 94(3) of the Immigration and Asylum Act 1999.
In this section “the relevant provisions”—
in relation to a local authority in England, means the provisions of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families and care, supervision and protection of children), and
in relation to a local authority in Wales, Scotland or Northern Ireland, means any statutory provision which confers functions on, or which are exercisable by, such an authority which correspond, or are similar, to the functions conferred on a local authority in England by or under any of those Parts of that Act.
In this section “statutory provision” means a provision made by or under—
an Act,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
an Act of the Northern Ireland Assembly.
In this section a reference to a part of the United Kingdom is a reference to England, Wales, Scotland or Northern Ireland.
The Secretary of State may direct a local authority ... to provide information of the kind specified in subsection (2) to the Secretary of State for the purposes of enabling—
arrangements to be made under section 69, or
the Secretary of State to exercise functions under section 72.
The information mentioned in subsection (1) is—
information about the support or accommodation provided to children who are looked after by the local authority within the meaning of the relevant provisions;
such other information as may be specified in regulations made by the Secretary of State.
A local authority which is directed to provide information under this section must provide it—
in such form and manner as the Secretary of State may direct, and
before such time or before the end of such period as the Secretary of State may direct.
In this section “local authority” and “relevant provisions” have the same meanings as in section 69.
Subsection (2) applies if—
a local authority ... (“the first authority”) requests another local authority ... (“the second authority”) to enter into arrangements under section 69, and
the second authority does not comply with the first authority's request.
The Secretary of State may direct the second authority to provide the first authority and the Secretary of State with written reasons for its failure to comply with the request.
In this section “local authority” has the same meaning as in section 69.
The Secretary of State may prepare a scheme for functions of, or which may be conferred on, a local authority ... (“the transferring authority”) to become functions of, or functions which may be conferred on, one or more other local authorities in the same part of the United Kingdom (a “receiving authority”) in accordance with arrangements under section 69(2).
A scheme under this section—
must specify the local authorities to which it relates, and
unless it relates to all relevant children who may be the subject of arrangements under section 69 between the transferring authority and each receiving authority, must specify the relevant child or children, or descriptions of relevant children, to which it relates.
The Secretary of State may prepare a scheme in relation to a local authority to which section 69 applies (“the transferring authority”) and one or more other local authorities in one or more other parts of the United Kingdom (“a receiving authority”) having the effects mentioned in section 69(3B).
The Secretary of State may direct the transferring authority and each receiving authority under a scheme under this section to comply with the scheme.
A direction may not be given under subsection (3) unless the Secretary of State is satisfied that compliance with the direction will not unduly prejudice the discharge by each receiving authority of any of its functions.
Before giving a direction under subsection (3) to a local authority, the Secretary of State must give the authority notice in writing of the proposed direction.
The Secretary of State may not give a direction to a local authority before the end of the period of 14 days beginning with the day on which notice under subsection (5) was given to it.
The local authority may make written representations to the Secretary of State about the proposed direction within that period.
The Secretary of State may modify or withdraw a direction under subsection (3) by notice in writing to the local authorities to which it was given.
A modification or withdrawal of a direction does not affect any arrangements made under section 69 pursuant to the direction before it was modified or withdrawn.
Subsections (5) to (7) apply to the modification or withdrawal of a direction as they apply to the giving of a direction, but as if—
the reference to the proposed direction were to the proposed modification or proposal to withdraw the direction, and
subsection (6) permitted the Secretary of State to withdraw the direction before the end of the 14 day period with the agreement of the local authorities to which it applies.
In this section “local authority” , “relevant child” and “part of the United Kingdom” have the same meanings as in section 69.
The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for enabling any of the provisions of sections 69 to 72 to apply in relation to Wales, Scotland or Northern Ireland.
The Secretary of State may by regulations make provision which—
has a similar effect to—
any of the provisions mentioned in subsection (1), or
provision which may be made under section 69(6) or (10), and
applies in relation to Wales, Scotland or Northern Ireland.
Regulations under subsection (1) may amend, repeal or revoke any enactment (including an enactment contained in this Act).
Regulations under subsection (1) or (2) may not confer functions on—
the Welsh Ministers,
the Scottish Ministers,
the First Minister and deputy First Minister in Northern Ireland,
a Northern Ireland Minister, or
a Northern Ireland department.
In this section “enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
Part 1A of this Schedule makes provision for and in connection with the imposition of a penalty for certain breaches of sub-paragraph (2) or (3).
In that Schedule after Part 1 insert the Part 1A set out in Schedule 13.
Schedule 14 (maritime enforcement) has effect.
In section 8 of the Immigration Act 1971 (exceptions for seamen, aircrews and other special cases) in subsection (5) after “expired” insert “ or otherwise ceased to be in force ”.
In section 8A of that Act (persons ceasing to be exempt) after subsection (3) insert—
Section 8B of that Act (persons excluded from the United Kingdom under international obligations) is amended as follows.
(and any leave given to a person who is an excluded person is invalid)
For subsection (3) substitute—
In subsection (4) for “a designated instrument” substitute “ an instrument falling within subsection (5) ”.
In subsection (5) for “The Secretary of State may by order designate an instrument” substitute “ An instrument falls within this subsection ”.
After subsection (5) insert—
Omit subsections (6) to (8).
A public authority must ensure that each person who works for the public authority in a customer-facing role speaks fluent English.
In determining how to comply with subsection (1), a public authority must have regard to the code of practice under section 80 that is for the time being applicable to that authority.
A public authority must operate an adequate procedure for enabling complaints to be made to the authority about breaches by the authority of subsection (1) and for the consideration of such complaints.
In determining whether a procedure is adequate for the purposes of subsection (3), a public authority must have regard to the code of practice under section 80 that is for the time being applicable to that authority.
For the purposes of this Part a person works for a public authority if the person works—
under a contract of employment with the public authority,
under a contract of apprenticeship with the public authority,
under a contract to do work personally with the public authority,
in England and Wales or Scotland, as an agency worker within the meaning of the Agency Workers Regulations 2010 (SI 2010/93) in respect of whom the public authority is the hirer within the meaning of those regulations,
in Northern Ireland, as an agency worker within the meaning of the Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350) in respect of whom the public authority is the hirer within the meaning of those regulations,
for the public authority as a constable, or
for the public authority in the course of Crown employment.
In subsection (5) “Crown employment”—
in relation to England and Wales and Scotland, has the meaning given by section 191(3) of the Employment Rights Act 1996,
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)), and
includes service as a member of the armed forces of the Crown and employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996.
References in this Part to a person who works in a customer-facing role are to a person who, as a regular and intrinsic part of the person's role, is required to speak to members of the public in English.
For the purposes of this Part a person speaks fluent English if the person has a command of spoken English which is sufficient to enable the effective performance of the person's role.
This section applies in relation to a person who is working in a customer-facing role for a public authority when this section comes into force as well as to a person who begins to work in such a role after that time.
This section does not apply in relation to a person whose work is carried out wholly or mainly outside the United Kingdom.
Subject as follows, in this Part “public authority” means a person with functions of a public nature.
A person is not a public authority for the purposes of this Part if, apart from this subsection, the person would be a public authority for those purposes merely because the person exercises functions on behalf of another public authority.
A person who exercises functions in relation to Scotland is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to a reserved matter.
In subsection (3) “Scotland” and “reserved matter” have the same meanings as in the Scotland Act 1998.
A person who exercises functions in relation to Wales is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions are functions that could not be conferred by provision falling within the legislative competence of the National Assembly for Wales.
A person who exercises functions in relation to Northern Ireland is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to an excepted matter.
In subsection (6) “Northern Ireland” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.
The following are not public authorities for the purposes of this Part—
the Security Service;
the Secret Intelligence Service;
the Government Communications Headquarters.
The relevant Minister may by regulations amend subsection (8) so as to add, modify or remove a reference to a person or description of person with functions of a public nature.
The relevant Minister may by regulations amend section 77 with the effect that a person who works for a contractor of a public authority is a person who works for the authority for the purposes of this Part.
In subsection (1) “contractor”, in relation to a public authority, means a person who—
provides a service to members of the public as a result of an arrangement made with a public authority (whether or not by that person), but
is not a public authority.
For the purposes of subsection (1) a person works for a contractor if the person works—
under a contract of employment with the contractor,
under a contract of apprenticeship with the contractor,
under a contract to do work personally with the contractor,
in England and Wales or Scotland, as an agency worker within the meaning of the Agency Workers Regulations 2010 (SI 2010/93) in respect of whom the contractor is the hirer within the meaning of those regulations, or
in Northern Ireland, as an agency worker within the meaning of the Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350) in respect of whom the contractor is the hirer within the meaning of those regulations.
The relevant Minister must issue a code or codes of practice for the purposes of section 77.
A code of practice must include provision about the following matters—
the standard of spoken English to be met by a person working for a public authority to which the code applies in a customer-facing role;
the action available to such a public authority where such a person does not meet that standard;
the procedure to be operated by such a public authority for enabling complaints to be made to the authority about breaches by the authority of section 77(1) and for the consideration of such complaints;
how the public authority is to comply with its other legal obligations as well as complying with the duty in section 77(1).
A code of practice may make such other provision as the relevant Minister considers appropriate for securing that a person who works for a public authority to which the code applies in a customer-facing role speaks fluent English.
A code of practice may make provision in relation to—
all public authorities,
particular descriptions of public authority, or
particular public authorities.
But the relevant Minister must ensure that there is at all times a code of practice in force which applies to each public authority.
A code of practice may make different provision for different purposes, including different provision for different public authorities or descriptions of public authority.
In preparing a code of practice the relevant Minister must consult such persons as the relevant Minister thinks appropriate.
Before issuing a code of practice the relevant Minister must lay a draft of the code before Parliament.
A code of practice comes into force in accordance with provision made by regulations made by the relevant Minister.
After a code of practice has come into force the relevant Minister must publish it in such manner as the relevant Minister thinks appropriate.
The relevant Minister may from time to time review a code of practice and may revise and re-issue it following a review.
References in subsections (1) to (4) to a code of practice include a revised code.
Subsection (2) makes provision about the application of this Part in relation to—
a public authority that exercises functions only in Wales, and
a public authority that exercises functions outside Wales and in Wales, to the extent that it exercises functions in Wales.
In the provisions of this Part listed in subsection (3) references to English are to be read as references to English or Welsh.
Those provisions are—
section 77(1), (7) and (8), and
section 80(2)(a) and (3).
In this Part—
“contract” means a contract whether express or implied and, if express, whether oral or in writing;
“travel document” means a document which enables or facilitates travel from one state to another and a “UK travel document” means such a document issued by the Secretary of State;
The Secretary of State or the First-tier Tribunal must have regard to the matters listed in sub-paragraph (2) in determining— Those matters are— A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 8 days beginning with the date of the person’s arrival in the United Kingdom. A person must not be granted immigration bail by the First-tier Tribunal without the consent of the Secretary of State if— If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse to grant, immigration bail to a person, the Secretary of State or the Tribunal must give the person notice of the decision. Where the First-tier Tribunal is required under sub-paragraph (5) to a give a person notice of a decision, it must also give the Secretary of State notice of the decision. Where the decision is to grant immigration bail, a notice under sub-paragraph (5) or (6) must state— The commencement of a grant of immigration bail may be specified to be conditional on arrangements specified in the notice being in place to ensure that the person is able to comply with the bail conditions.
Subject to this paragraph and to paragraphs 7 and 8, where a person is on immigration bail— The power in sub-paragraph (1) is exercisable by the person who granted the immigration bail, subject to sub-paragraphs (3) and (4). The Secretary of State may exercise the power in sub-paragraph (1) in relation to a person to whom immigration bail was granted by the First-tier Tribunal if the Tribunal so directs. If the First-tier Tribunal gives a direction under sub-paragraph (3), the Tribunal may not exercise the power in sub-paragraph (1) in relation to the person. The First-tier Tribunal may not exercise the power in sub-paragraph (1)(a) so as to amend an electronic monitoring condition. If the Secretary of State or the First-tier Tribunal exercises, or refuses to exercise, the power in sub-paragraph (1), the Secretary of State or the Tribunal must give notice to the person who is on immigration bail. Where the First-tier Tribunal is required under sub-paragraph (6) to give notice to a person, it must also give notice to the Secretary of State.
Sub-paragraph (2) applies where— The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of that person at that address. But the power in sub-paragraph (2) applies only to the extent that the Secretary of State thinks that there are exceptional circumstances which justify the exercise of the power. The Secretary of State may make a payment to a person on immigration bail in respect of travelling expenses which the person has incurred or will incur for the purpose of complying with a bail condition. But the power in sub-paragraph (4) applies only to the extent that the Secretary of State thinks that there are exceptional circumstances which justify the making of the payment.
Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under this Schedule and matters arising out of such applications. Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to grant a person immigration bail, the Tribunal must dismiss without a hearing any further application for the person to be granted immigration bail which— This sub-paragraph applies to an application made during the period of 28 days beginning with the date of the decision mentioned in sub-paragraph (2). This sub-paragraph applies to an application on which the person demonstrates there has been a material change in the person’s circumstances.
The Nationality, Immigration and Asylum Act 2002 is amended as follows.
Section 36 of the UK Borders Act 2007 (detention) is amended as follows. In subsection (2) for the words from “unless” to the end of the subsection substitute “unless the person is granted immigration bail under Schedule 10 to the Immigration Act 2016.” In subsection (3) for “direct release” substitute “release a person on bail”. After subsection (3) insert— In subsection (4) omit “(including provisions about bail)”. Omit subsection (5).
Section 23 (power for residence restriction to include requirement to reside at accommodation centre) is amended as follows. In subsection (1) for “restriction” substitute “condition”. For subsection (2) substitute— In subsection (4) for “restriction” substitute “condition”.
In section 30 (conditions of residence at accommodation centres) in subsection (7) for the words from “restriction” to the end of the subsection substitute “condition imposed under Schedule 10 to the Immigration Act 2016.”
Section 62 (detention by the Secretary of State) is amended as follows. In subsection (3) omit paragraph (b) (but not the “and” at the end of it). Omit subsection (4).
Omit sections 68 (bail) and 69 (reporting restriction: travel expenses).
Section 70 (power for residence restriction to take account of induction programmes for asylum seekers) is amended as follows. In subsection (1) for “restriction” in both places substitute “condition”. For subsection (2) substitute— In subsection (5) for “restrictions” substitute “conditions”.
Section 71 (asylum seeker: residence etc restriction) is amended as follows. In subsection (2)— In subsection (3)— In subsection (4) for “restriction” substitute “condition”.
This Part binds the Crown.
The Immigration Act 2014 is amended as follows.
After section 70 insert—
In section 74(2) (orders and regulations which are subject to affirmative resolution procedure) after paragraph (j) insert—.
The Secretary of State may by regulations provide for fees to be charged in respect of the exercise by the Secretary of State of such functions in connection with applications for the issue of a passport or other travel document as may be specified.
Regulations under subsection (1) are referred to in this section and section 87 as “passport fees regulations”.
Passport fees regulations must provide for the fee in respect of the exercise of each specified function to comprise one or more amounts each of which is—
a specified fixed amount, or
an amount calculated by reference to a specified hourly rate or other specified factor.
Provision made under subsection (3) may be intended to result in a fee in respect of a specified function which exceeds the costs of exercising the function.
In specifying the amount of any fee, or hourly rate or other factor, the Secretary of State may have regard only to the costs of exercising— This is subject to section 87(5).
the function;
any other function of the Secretary of State in connection with United Kingdom passports or other UK travel documents;
any consular function.
In respect of any fee provided for under this section, passport fees regulations may—
provide for exceptions;
provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);
make provision about—
the consequences of failure to pay a fee;
enforcement;
when a fee may or must be paid.
In this section—
Any reference in this section to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise— and, for this purpose, “arrangements” includes arrangements for the convenience of applicants or persons making requests for the exercise of a function.
at particular times or in a particular place;
under particular arrangements;
otherwise in particular ways,
Passport fees regulations may be made only with the consent of the Treasury.
A fee under section 86 may relate to something done outside the United Kingdom.
Fees payable by virtue of section 86 may be recovered as a debt due to the Secretary of State.
Fees paid to the Secretary of State by virtue of section 86 must be—
paid into the Consolidated Fund, or
applied in such other way as passport fees regulations may specify.
Section 86 is without prejudice to—
section 1 of the Consular Fees Act 1980 (fees for consular acts etc),
section 102 of the Finance (No 2) Act 1987 (government fees and charges), or
any other power to charge a fee.
The Secretary of State may charge a fee in respect of the provision of passport validation services to persons on request.
“Passport validation services” are services in connection with confirming the validity of United Kingdom passports or the accuracy of the information contained in them which are provided for the purpose of preventing or detecting crime.
In this section “United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33 of that Act).
A fee payable under this section may be recovered as a debt due to the Secretary of State.
Fees paid to the Secretary of State under this section must be—
paid into the Consolidated Fund, or
applied in such other way as the Secretary of State may by regulations specify.
Regulations under subsection (5) may be made only with the consent of the Treasury.
This section is without prejudice to—
section 1 of the Consular Fees Act 1980 (fees for consular acts etc),
section 102 of the Finance (No 2) Act 1987 (government fees and charges), or
any other power to charge a fee.
Schedule 15 (civil registration fees) has effect.
In that Schedule—
Part 1 amends enactments about civil registration in connection with powers to make regulations for the charging of fees, and
Part 2 makes consequential and related amendments.
For the avoidance of doubt, this Act does not limit any duty imposed on the Secretary of State or any person by section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding welfare of children).
The following are to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by a Minister of the Crown, a person holding office under Her Majesty or a government department, and
any increase attributable to the Act in the sums payable under any other Act out of money so provided.
The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.
The provision that may be made by regulations under subsection (2) includes provision amending, repealing or revoking any enactment.
“Enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—
omit the “and” at the end of paragraph (i), and
at the end of paragraph (j) insert, and
Regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act are to be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
regulations under section 3 which amend or repeal primary legislation,
regulations under section 6,
regulations under section 11 which amend or repeal primary legislation,
regulations under section 14, 15 or 21,
regulations under section 36(2),
regulations under section 42(1) or (2),
regulations under section 73(1) or (2),
regulations under section 69(6) or (10),
regulations under section 78(9),
regulations under section 70(2)(b),
regulations under section 79(1),
passport fees regulations within the meaning of section 86 which include provision specifying functions as mentioned in subsection (1) of that section,
regulations under section 92(2) which amend or repeal primary legislation,
regulations under paragraph 1(13) of Schedule 6, and
regulations under paragraph 2(7) of that Schedule.
Primary legislation means any of the following—
an Act of Parliament;
an Act of the Scottish Parliament;
a Measure or Act of the National Assembly for Wales;
Northern Ireland legislation.
A statutory instrument— is subject to annulment in pursuance of a resolution of either House of Parliament.
containing any other regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act, and
to which subsection (2) does not apply,
Subsection (4) does not apply to regulations under section 92(1) or 94(1).
Regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act—
may make different provision for different purposes or areas,
may make provision which applies generally or for particular purposes or areas,
may make transitional, transitory or saving provision, or
may make incidental, supplementary or consequential provision.
Subject to subsections (3) to (5) this Act comes into force on such day as the Secretary of State appoints by regulations.
Regulations under subsection (1) may appoint different days for different purposes or areas.
Subsections (3) to (5) of section 61 come into force on the day on which this Act is passed.
Section 85 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
This Part comes into force on the day on which this Act is passed.
This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.
But subsection (3) does not apply to the amendments made to the Modern Slavery Act 2015 by paragraphs 30 and 35 of Schedule 3 (for the extent of which, see the amendments to section 60 of that Act made by paragraph 33 of that Schedule).
Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.
A power under any provision listed in subsection (7) may be exercised so as to extend (with or without modifications) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (7) relates.
Those provisions are—
section 36 of the Immigration Act 1971,
section 52(2) of the Civil Jurisdiction and Judgments Act 1982,
section 9(3) of the Special Immigration Appeals Commission Act 1997,
section 170(7) of the Immigration and Asylum Act 1999,
section 163(4) of the Nationality, Immigration and Asylum Act 2002,
section 49(3) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004,
section 63(3) of the Immigration, Asylum and Nationality Act 2006,
section 60(4) of the UK Borders Act 2007,
section 76(6) of the Immigration Act 2014, and
section 60(6) of the Modern Slavery Act 2015.
This Act may be cited as the Immigration Act 2016.
Section 6
Section 11
Section 31
“function” includes a power or a duty;
In the Superannuation Act 1972, in Schedule 1 (kinds of employment to which that Act applies)—
under the heading “Other bodies”, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;
under the heading “Offices”, at the appropriate place insert “Director of Labour Market Enforcement”.
In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—
in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;
in Part 3 (other disqualifying offices), at the appropriate place insert “Director of Labour Market Enforcement”.
In the Freedom of Information Act 2000, in Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general)—
at the appropriate place insert “Director of Labour Market Enforcement”;
for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Director of Labour Market Enforcement or a member of staff provided to the Director under section 1(4) of the Immigration Act 2016. Any of the Director’s functions.
The Modern Slavery Act 2015 is amended as follows.
After section 19A of the Registration Service Act 1953 insert—
The Marriage Act 1949 is amended as follows.
In section 178 of the Factories Act 1961 (certificates of birth)—
in subsection (1), after “payment of” insert “the appropriate fee in England and Wales or”,
also in subsection (1), before “, be entitled” insert “in Scotland”, and
after subsection (2) insert—
Section 124 of the Social Security Administration Act 1992 (provisions relating to age, death and marriage) is amended as follows. In subsection (3), for the words from “a fee” to “Wales and” substitute “the appropriate fee in England and Wales and a fee of”. In subsection (3A), for paragraph (b) substitute—. In subsection (5), in paragraph (a) after the opening words insert—
In section 52 (duty to notify Secretary of State about suspected victims of slavery or human trafficking), in subsection (5)(k), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
In section 27 (notice of marriage) omit subsections (6) and (7).
At the beginning of Part 7, after the italic heading “Miscellaneous” insert—
In section 31 (marriage under certificate without licence)—
omit subsections (5F) and (5G),
in subsection (5H), omit “or an order under subsection (5F)”, and
omit subsection (5I).
Omit section 55 (review of Gangmasters Licensing Authority).
In section 41 (registration of buildings: marriage of a man and a woman) omit subsection (6).
In section 58 (regulations), in subsection (4), after paragraph (j) insert—.
In section 43D (regulations about registration of buildings) in subsection (1), omit “and the fees payable”.
In section 60 (extent)—
in subsection (1), after “section 53)” insert “and section 54A, and Schedule 4A, in Part 7”;
in subsection (3), after “and 7” insert “(except for section 54A and Schedule 4A)”.
In section 51 (fees of registrars for attending marriages)—
for the heading substitute “Fees of superintendent registrars for attending marriages in approved premises”,
omit subsection (1),
in subsection (1A), omit paragraph (a) (and the “but” after it), and
omit subsection (2).
In Schedule 3 (public authorities under duty to co-operate with the Independent Anti-slavery Commissioner), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
In section 57 (quarterly returns to superintendent registrar) omit subsection (4).
After Schedule 4 insert—
In section 63 (searches in register books) in subsection (1), omit from “, on payment” to the end.
In section 64 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.
In section 65 (searches of indexes kept by Registrar General) in subsection (2), omit from “, on payment” to the end.
In section 65A (searches and records of information: additional provision) omit subsection (2).
In section 74 (regulations) in subsection (1)(b), after “this Act” insert “(other than section 71A)”.
In section 78 (interpretation) in subsection (1), in the definition of “prescribed” after ““prescribed”” insert “(other than in section 71A)”.
Section 36
After section 192 of the Licensing Act 2003 insert—
Part 3 of the Licensing Act 2003 (premises licences) is amended as follows.
In section 13(4) (meaning of “responsible authority”), after paragraph (h) insert—.
Section 16 (applicant for premises licence) is amended as follows. In subsection (1), at the beginning insert “Subject to subsections (2) and (2A),”. In subsection (2), omit “But”. After subsection (2) insert—
In section 27 (death, incapacity, insolvency etc of licence holder), after subsection (1) insert—
Section 42 (application for transfer of premises licence) is amended as follows. After subsection (2) insert— After subsection (5) insert— In subsection (5A), for “subsection (5)” substitute “subsections (5) and (5ZA)”. After subsection (7) insert—
Section 44(5) (determination of transfer application) is amended as follows. In the words before paragraph (a), after “section 42(6)” insert “or (8)”. In paragraph (a), for “chief officer of police” substitute “person”. For paragraph (b) substitute—
Section 45 (notification of determination under section 44) is amended as follows. In subsection (2)— After subsection (2) insert—
Section 47 (interim authority notice following death etc of licence holder) is amended as follows. In subsection (1)— In subsection (3), after “subject to” insert “subsection (3A) and”. After subsection (3) insert— In subsection (7), after paragraph (a) insert—. In subsection (7A)—
Section 48 (cancellation of interim authority notice following police objections) is amended as follows. In the heading, omit “police”. In subsection (1), for “This section” substitute “Subsection (2)”. After subsection (2) insert— In subsection (3)— After subsection (5) insert—
In section 50 (reinstatement of licence on transfer following death etc of holder), in subsection (3), for “(who, in the case of an individual, is aged 18 or over)” substitute “(and who would, where applicable, satisfy subsections (2) and (2A) of section 42)”.
Part 6 of the Licensing Act 2003 (personal licences) is amended as follows.
Section 113 (meaning of “relevant offence” and “foreign offence”) is amended as follows. In the heading, for “and “foreign offence”” substitute “, “immigration offence”, “foreign offence” and “immigration penalty””. After subsection (2) insert— At the end insert—
Section 115 (period of validity of personal licence) is amended as follows. In subsection (2), after “subsections” insert “(2A),”. After subsection (2) insert—
Section 120 (determination of application for grant) is amended as follows. In subsection (2)— In subsection (3), for “paragraph (a), (b) or (c)” substitute “any of paragraphs (a) to (c)”. In subsection (4), for “(a), (b) and (c)” substitute “(a) to (c)”. In subsection (5)— After subsection (5) insert— In subsection (6), for “is given within that period (or the notice is withdrawn)” substitute “or immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), or any such notice given is withdrawn,”. In subsection (7)— After subsection (7) insert—
Section 122 (notification of determinations) is amended as follows. In subsection (1)— After subsection (2) insert— In subsection (3), in the definition of “objection notice”, for “has” substitute “and “immigration objection notice” have”.
Section 123 (duty to notify licensing authority of convictions during application period) is amended as follows. In the heading, after “convictions” insert “etc”. In subsection (1)—
Section 124 (convictions coming to light after grant) is amended as follows. In subsection (1)— In subsection (3)— After subsection (3) insert— In subsection (4)— After subsection (5) insert—
Section 125(3) (form of personal licence) is amended as follows. For “of each” substitute of—. At the end insert—
Section 132 (licence holder’s duty to notify licensing authority of convictions) is amended as follows. In the heading, after “convictions” insert “etc”. After subsection (2) insert— In subsection (3), after “(2)” insert “or (2B)”.
In Schedule 4 (personal licence: relevant offences), after paragraph 7 insert—
Section 179 of the Licensing Act 2003 (rights of entry to investigate licensable activities) is amended as follows. After subsection (1) insert— In subsection (2)— In subsection (3), for “the power” substitute “a power”. In subsection (4), after “authorised person” insert “or an immigration officer”. In subsection (6)—
Schedule 5 to the Licensing Act 2003 (appeals) is amended as follows.
Paragraph 6 (transfer of licence) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2), after “police” insert “or the Secretary of State, as the case may be,”.
Paragraph 7 (interim authority notice) is amended as follows. In sub-paragraph (1)(b)— In sub-paragraph (3), for “the notice under that subsection,” substitute “the interim authority notice under section 48(3) after the giving of a notice by a chief officer of police under section 48(2),”. Where the relevant licensing authority decides not to cancel the interim authority notice under section 48(3) after the giving of a notice by the Secretary of State under section 48(2B), the Secretary of State may appeal against that decision.
In paragraph 9 (general provision about appeals under Part 1 of Schedule 5), in sub-paragraph (4), after “paragraph 7(3)” insert “or (3A)”.
Paragraph 17 (personal licences) is amended as follows. In sub-paragraph (2)— Where a licensing authority grants an application for a personal licence under section 120(7A) after the giving of a notice under section 120(5B), the Secretary of State may appeal against that decision. Where in a case to which section 124 applies— the Secretary of State may appeal against the decision. In sub-paragraph (8), for “(2), (3) or (5)” substitute “(2), (2A), (5) or (5A)”.
At the end insert—
In section 10 of the Licensing Act 2003, (sub-delegation of functions by licensing committee etc), in subsection (4)(a), in sub-paragraphs (v), (vi) and (x), omit “police”.
Section 193 of the Licensing Act 2003 (other definitions) is amended as follows. The existing text becomes subsection (1). After that subsection insert—
entitled to work in the United Kingdom section 192A immigration offence section 113 immigration penalty (and required to pay, in relation to an immigration penalty) section 113 working illegally, in relation to the prevention of illegal working in licensed premises section 193
In the Police Reform and Social Responsibility Act 2011, omit sections 109(9) and (10) and 111(3) and (5).
The amendments of sections 13, 16, 42, 47 and 120 of the Licensing Act 2003 made by paragraphs 3, 4, 6, 9 and 15 respectively of this Schedule do not apply in relation to applications made, or interim authority notices given, before the coming into force of the respective paragraph.
The amendment of section 27 of the Licensing Act 2003 made by paragraph 5 of this Schedule does not apply in relation to a premises licence granted pursuant to an application made before the coming into force of that paragraph.
The amendments of section 115 of the Licensing Act 2003 made by paragraph 14 of this Schedule do not apply in relation to a personal licence granted pursuant to an application made before the coming into force of that paragraph.
The amendment of Schedule 4 to the Licensing Act 2003 made by paragraph 21 of this Schedule applies on and after the coming into force of that paragraph in relation to—
personal licences granted before, on or after the coming into force of that paragraph, and
offences committed before, on or after the coming into force of that paragraph.
Section 37
The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.
The Private Hire Vehicles (London) Act 1998 is amended as follows.
Section 45 of the UK Borders Act 2007 (search of premises for nationality documents) is amended as follows. In subsection (2)— After subsection (2) insert— In subsection (3) after “conditions” insert “mentioned in subsection (2)(d)”. After subsection (3) insert—
Section 51 (licensing of drivers of private hire vehicles) is amended as follows. In subsection (1)— After subsection (1) insert—
In section 1(1) (meaning of “private hire vehicle” etc)—
omit the “and” at the end of paragraph (a), and
at the end of paragraph (b) insert ; and
In section 53(1) (drivers’ licences for hackney carriages and private hire vehicles)—
in paragraph (a) for “Every” substitute “Subject to section 53A, every”, and
in paragraph (b) after “1889,” insert “but subject to section 53A,”.
Section 3 (London operator’s licences) is amended as follows. In subsection (3) for the “and” at the end of paragraph (a) substitute—. After subsection (3) insert— In subsection (5) for “A” substitute “Subject to section 3A, a”.
After section 53 insert—
After section 3 insert—
Section 55 (licensing of operators of private hire vehicles) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2) for “Every” substitute “Subject to section 55ZA, every”.
Section 13 (London PHV driver’s licences) is amended as follows. In subsection (2) for the “and” at the end of paragraph (a) substitute—. After subsection (2) insert— In subsection (5) at the beginning of paragraph (c) insert “subject to section 13A,”.
After section 55 insert—
After section 13 insert—
Section 59 (qualification for drivers of hackney carriages) is amended as follows. In subsection (1)— After subsection (1) insert—
Section 16 (power to suspend or revoke licences) is amended as follows. In subsection (2) before the “or” at the end of paragraph (a) insert—. After subsection (2) insert— In subsection (4) at the end of paragraph (a) insert—. After subsection (4) insert—
Section 61 (suspension and revocation of drivers’ licences) is amended as follows. In subsection (1) before the “or” at the end of paragraph (a) insert—. After subsection (1) insert— After subsection (2) insert—
In section 25 (appeals) after subsection (7) insert—
Section 62 (suspension and revocation of operators’ licences) is amended as follows. In subsection (1) before the “or” at the end of paragraph (c) insert—. After subsection (1) insert—
Section 32 (regulations) is amended as follows. In subsection (1) after “other than section” in the first place those words appear insert “3A(8), 13A(8) or”. After subsection (2) insert— In subsection (4) after “made under section” insert “3A(8), 13A(8) or”.
After section 62 insert—
After section 35 insert—
In section 77 (appeals) after subsection (3) insert—
In section 36 (interpretation) at the appropriate place insert—.
After section 79 insert—
is being so worn either next to the skin or next to an article of underwear;
Subject to sub-paragraph (2), an amendment made by any of paragraphs 3, 4, 7 to 12, 18 to 23, 30, 32(2) and (3), 36 to 39 and 46 to 49 does not apply in relation to an application for a licence made before the coming into force of that paragraph or a licence granted in response to such an application. Sub-paragraph (1) does not prevent an amendment made by any of those paragraphs from applying in relation to—
Subject to sub-paragraphs (2) and (3), an amendment made by any of paragraphs 13, 14, 24, 25, 32(4), 40 and 50 applies in relation to a licence granted before or after the coming into force of that paragraph. An amendment made by any of those paragraphs applies in relation to a conviction for an immigration offence only if the person in question has been convicted of that offence after the coming into force of that paragraph in respect of the person’s conduct after that time. An amendment made by any of those paragraphs applies in relation to a requirement to pay an immigration penalty only if the person in question has been required to pay the penalty after the coming into force of that paragraph in respect of the person’s conduct after that time.
Section 19(1) of the Plymouth City Council Act 1975 has effect in relation to the licence of a driver of a hackney carriage or private hire vehicle granted before the coming into force of paragraph 13 as if before the “or” at the end of paragraph (a) there were inserted—. Section 20A(1)(a) of that Act has effect in relation to such a licence as if after “subsection (1)(aa)” there were inserted “or (ab)”. Section 20(1) of that Act has effect in relation to an operator’s licence granted before the coming into force of paragraph 14 as if before the “or” at the end of paragraph (c) there were inserted—. Section 20A(1)(b) of that Act has effect in relation to such a licence as if after “subsection (1)(ca)” there were inserted “or (cb)”. Section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976 has effect in relation to the licence of a driver of a hackney carriage or private hire vehicle granted before the coming into force of paragraph 24 as if before the “or” at the end of paragraph (a) there were inserted—. Section 62A(1)(a) of that Act has effect in relation to such a licence as if after “subsection (1)(aa)” there were inserted “or (ab)”. Section 62(1) of that Act has effect in relation to an operator’s licence granted before the coming into force of paragraph 25 as if before the “or” at the end of paragraph (c) there were inserted—. Section 62A(1)(b) of that Act has effect in relation to such a licence as if after “subsection (1)(ca)” there were inserted “or (cb)”. Subsections (3A) to (3C) of section 13 of the Civic Government (Scotland) Act 1982 apply in relation to an application for the renewal of a taxi driver’s or private hire car driver’s licence granted before the coming into force of paragraph 30 as they apply in relation to an application for the grant of such a licence made after that time.
Section 38
Section 45
The Immigration Act 2014 is amended as follows.
After section 40 (prohibition on opening current accounts for disqualified persons) insert—
Section 41 (regulation by Financial Conduct Authority) is amended as follows. In subsection (1), at the end insert “and the requirements imposed on them by sections 40A, 40B and 40G”. In subsection (2)(a), at the end insert “or immigration checks under section 40A”.
In section 42 (meaning of “bank” and “building society”), in subsections (1) and (5), for “and 41” substitute “to 41”.
Section 43 (power to amend) is amended as follows. In subsection (1)(b), after “40(1)” insert “or the requirement in section 40A(1)”. In subsection (1)(c), for “that section” substitute “section 40 or 40A”.
In section 74 (orders and regulations), in subsection (2) (statutory instruments to which the affirmative resolution procedure applies), after paragraph (b) insert—.
Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of UK judgments in other parts of UK) is amended as follows. In subsection (3), for “subsection (4)” substitute “subsections (4) and (4ZA)”. After subsection (4) insert—
Section 54
Section 55 This is the new Schedule A1 to the Immigration and Asylum Act 1999 referred to in section 55—
Section 61
Section 66
The repeals made by paragraphs 1 and 2 do not apply in relation to— This is subject to sub-paragraph (2). The repeals made by paragraph 2(d) (which remove the right to appeal against a decision not to continue to provide accommodation for a person under section 4 of the Immigration and Asylum Act 1999) apply in relation to any decision not to continue to provide accommodation under that section for any person within sub-paragraph (1) which is made on or after the day on which paragraph 2(d) comes into force. On and after the day on which paragraphs 1 and 2 come into force, section 4 of the Immigration and Asylum Act 1999 has effect in relation to persons within sub-paragraph (1) as if in subsection (11)(b) the word “not” were omitted. In this paragraph “dependant” has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).
The repeal made by paragraph 7(5) does not apply in relation to— Where by virtue of sub-paragraph (1) a person is provided with support under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act on or after the day on which paragraph 7(5) comes into force, section 103 of that Act (appeals) does not apply in relation to any decision not to continue to provide that support for that person which is made on or after that day. In this paragraph “dependant” has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).
Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) has effect as if—
after paragraph 7C there were inserted—, and
in paragraph 14 (information), references to paragraph 7 included a reference to the paragraph 7D treated as inserted by this Schedule.
Section 68
Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) is amended as follows.
Paragraph 1 (ineligibility for support) is amended as follows. In sub-paragraph (1) (excluded support or assistance) after paragraph (g) insert—. In that sub-paragraph, in paragraph (h) for “or 36” substitute “, 35A or 35B”. In the case of the provisions referred to in sub-paragraph (1)(ga), sub-paragraph (2) applies only in relation to a person in England to whom this paragraph applies by virtue of paragraph 4, 5 or 7B.
After paragraph 1 insert—
Paragraph 2(1) (exceptions) is amended as follows. In paragraph (c) for “or 10” substitute “, 10, 10A or 10B”. After the “or” at the end of paragraph (c) insert—.
After paragraph 2 insert—
After paragraph 3 insert—
In paragraph 6 (third class of ineligible person: failed asylum-seeker), in sub-paragraph (1), in the words before sub-paragraph (a), after “person” insert “in Wales, Scotland or Northern Ireland”.
In paragraph 7 (fourth class of ineligible person: person unlawfully in United Kingdom), in the words before sub-paragraph (a), after “person” insert “in Wales, Scotland or Northern Ireland”.
Before paragraph 8 insert—
After paragraph 10 insert—
In paragraph 11 (assistance and accommodation: general), in the words before sub-paragraph (a), for “or 10” substitute “, 10, 10A or 10B”.
In paragraph 13 (offences), in sub-paragraphs (1)(b) and (2)(a), for “or 10” substitute “, 10, 10A or 10B”.
In paragraph 14 (information), in sub-paragraphs (1) and (2), for “or 7” (as substituted by paragraph 26(8)(b) of Schedule 11) substitute “, 7, 7B or 7C”.
Paragraph 15 (power to amend Schedule 3) is amended as follows. After paragraph (a) insert—. In paragraph (c) after “remove” insert “, or modify the application of,”. After paragraph (c) insert—
Paragraph 16 (orders and regulations) is amended as follows. In sub-paragraph (2)(d) after “amending” insert “, repealing or revoking”. In sub-paragraph (3) after “2(1)(d) or (e)” insert “, 2A(3)(b), 10A or 10B”.
In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements) after paragraph 8 insert—
Section 74 This is the Part 1A of Schedule 2 to the Immigration Act 1971 referred to in section 74(2)—
Section 75
The Immigration Act 1971 is amended as follows.
In section 25(1) (offence of assisting unlawful immigration to member State), in paragraphs (a) and (b) after “breach” insert “or attempted breach”.
In section 25A (helping an asylum-seeker to enter United Kingdom) in subsection (1)(a)—
after “arrival” insert “or attempted arrival”, and
after “entry” insert “or attempted entry”.
In section 25B (assisting entry to United Kingdom in breach of deportation or exclusion order)—
in subsection (1), in paragraphs (a) and (b) after “breach” insert “or attempted breach”,
for subsection (2) substitute—,
in subsection (3)—
in paragraphs (a) and (b) after “remain” insert “, or attempt to arrive in, enter or remain,”, and
in paragraph (c) for the words from “personally” to the end substitute “made an order excluding the individual from the United Kingdom on the grounds of public policy, public security or public health”, and
after subsection (4) insert—
In section 28 (proceedings) after subsection (2) insert—
In section 28A(3) (arrest without warrant) in paragraphs (a) and (b) after “committed” insert “or attempted to commit”.
After Part 3 insert—
After Schedule 4 insert—
Section 89