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Immigration Act 2016

Type Public General Act

Publication 2016-05-12

Last updated 2026-03-05

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) at particular times or in a particular place;

(b) under particular arrangements;

and, for this purpose, “arrangements” includes arrangements for the convenience of applicants or persons making requests for the exercise of a function.

Passport fees regulations: supplemental

87

(1) Passport fees regulations may be made only with the consent of the Treasury.

(2) A fee under section 86 may relate to something done outside the United Kingdom.

(3) Fees payable by virtue of section 86 may be recovered as a debt due to the Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 86 must be—

(a) paid into the Consolidated Fund, or

(b) applied in such other way as passport fees regulations may specify.

(5) Section 86 is without prejudice to—

(a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc),

(b) section 102 of the Finance (No 2) Act 1987 (government fees and charges), or

Power to charge for passport validation services

88

(1) The Secretary of State may charge a fee in respect of the provision of passport validation services to persons on request.

(2) “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.

(3) In this section “United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33 of that Act).

(4) A fee payable under this section may be recovered as a debt due to the Secretary of State.

(5) Fees paid to the Secretary of State under this section must be—

(a) paid into the Consolidated Fund, or

(b) applied in such other way as the Secretary of State may by regulations specify.

(6) Regulations under subsection (5) may be made only with the consent of the Treasury.

(7) This section is without prejudice to—

(a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc),

(b) section 102 of the Finance (No 2) Act 1987 (government fees and charges), or

Civil registration fees

89

(1) Schedule 15 (civil registration fees) has effect.

(2) In that Schedule—

(a) Part 1 amends enactments about civil registration in connection with powers to make regulations for the charging of fees, and

(b) Part 2 makes consequential and related amendments.

PART 9 — Miscellaneous and general

Welfare of children

Duty regarding the welfare of children

90

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).

Final provisions

Financial provisions

91

The following are to be paid out of money provided by Parliament—

(a) 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

(b) any increase attributable to the Act in the sums payable under any other Act out of money so provided.

Transitional and consequential provision

92

(1) 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.

(2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.

(3) The provision that may be made by regulations under subsection (2) includes provision amending, repealing or revoking any enactment.

(4) “Enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(5) In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—

(a) omit the “and” at the end of paragraph (i), and

(b) at the end of paragraph (j) insert

, and (k) the Immigration Act 2016.

Regulations

93

(1) Regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act are to be made by statutory instrument.

(2) 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—

(a) regulations under section 3 which amend or repeal primary legislation,

(b) regulations under section 6,

(d) regulations under section 14, 15 or 21,

(e) regulations under section 36(2),

(f) regulations under section 42(1) or (2),

(fa) regulations under section 69(6) or (10),

(fb) regulations under section 70(2)(b),

(g) regulations under section 73(1) or (2),

(h) regulations under section 78(9),

(i) regulations under section 79(1),

(j) passport fees regulations within the meaning of section 86 which include provision specifying functions as mentioned in subsection (1) of that section,

(k) regulations under section 92(2) which amend or repeal primary legislation,

(l) regulations under paragraph 1(13) of Schedule 6, and

(m) regulations under paragraph 2(7) of that Schedule.

(3) Primary legislation means any of the following—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(d) Northern Ireland legislation.

(4) A statutory instrument—

(a) containing any other regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act, and

(b) to which subsection (2) does not apply,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Subsection (4) does not apply to regulations under section 92(1) or 94(1).

(6) Regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act—

(a) may make different provision for different purposes or areas,

(b) may make provision which applies generally or for particular purposes or areas,

(d) may make incidental, supplementary or consequential provision.

Commencement

94

(1) Subject to subsections (3) to (5) this Act comes into force on such day as the Secretary of State appoints by regulations.

(2) Regulations under subsection (1) may appoint different days for different purposes or areas.

(3) Subsections (3) to (5) of section 61 come into force on the day on which this Act is passed.

(4) Section 85 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(5) This Part comes into force on the day on which this Act is passed.

Extent

95

(1) This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.

(4) 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).

(5) 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.

(6) 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.

(7) Those provisions are—

(a) section 36 of the Immigration Act 1971,

(b) section 52(2) of the Civil Jurisdiction and Judgments Act 1982,

(d) section 170(7) of the Immigration and Asylum Act 1999,

(e) section 163(4) of the Nationality, Immigration and Asylum Act 2002,

(f) section 49(3) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004,

(g) section 63(3) of the Immigration, Asylum and Nationality Act 2006,

(h) section 60(4) of the UK Borders Act 2007,

(i) section 76(6) of the Immigration Act 2014, and

(j) section 60(6) of the Modern Slavery Act 2015.

Short title

96

This Act may be cited as the Immigration Act 2016.

SCHEDULE 1

Authorities with functions in connection with the labour market or the work place etc

Law enforcement and border security

Local government

Health bodies

Other

SCHEDULE 2

Employment Agencies Act 1973 (c. 35)

1

The Employment Agencies Act 1973 is amended as follows.

2

Before section 9 insert—

(8A) (1) The Secretary of State may— (a) appoint officers to act for the purposes of this Act, and (b) instead of or in addition to appointing any officers under this section, arrange with any relevant authority for officers of that authority to act for those purposes. (2) The following are relevant authorities— (a) any Minister of the Crown or government department; (b) any body performing functions on behalf of the Crown; (c) the Gangmasters and Labour Abuse Authority.

3

(1) Section 9 (inspection) is amended as follows.

(2) Before subsection (1) insert—

(A1) This section does not apply to an officer acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

(3) In subsection (1), for “duly authorised in that behalf by the Secretary of State” substitute “ acting for the purposes of this Act ”.

(4) 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, ”.

National Minimum Wage Act 1998 (c. 39)

4

The National Minimum Wage Act 1998 is amended as follows.

5

In section 13 (appointment of officers for enforcement)—

(a) in subsection (1)(b), for the words from “Minister of the Crown” to “body shall” substitute “ relevant authority for officers of that authority to ”;

(b) after subsection (1) insert—

(1A) The following are relevant authorities— (a) any Minister of the Crown or government department; (b) any body performing functions on behalf of the Crown; (c) the Gangmasters and Labour Abuse Authority.

6

In section 14 (powers of officers) before subsection (1) insert—

(A1) This section does not apply to an officer acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

7

In section 15 (information obtained by officers)—

(a) in subsection (3)(b), after “any” insert “ eligible ”;

(b) in subsection (4)(a), after “to any” insert “ eligible ”;

(c) 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”.

Modern Slavery Act 2015 (c.30)

8

The Modern Slavery Act 2015 is amended as follows.

9

Before section 12 (but after the italic heading before it) insert—

(11A) (1) The Secretary of State may make arrangements with the Gangmasters and Labour Abuse Authority for officers of the Authority to act for the purposes of this Part in taking action in circumstances in which it appears that an offence under this Part which is a labour market offence (within the meaning of section 3 of the Immigration Act 2016) has been, is being or may be committed. (2) For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

10

(1) Section 15 (slavery and trafficking prevention orders on application) is amended as follows.

(2) In subsection (1)—

(a) omit the “or” after paragraph (b);

(b) after paragraph (c) insert

, or (d) the Gangmasters and Labour Abuse Authority.

(3) In subsection (7)—

(a) for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

(4) In subsection (8)(b)—

(a) for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

11

In section 19(7) (requirement to provide name and address)—

(a) for “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the officer” substitute “ , the officer or the Authority ”.

12

(1) Section 20 (variation, renewal and discharge) is amended as follows.

(2) In subsection (2), after paragraph (f) insert—

(g) where the order was made on an application under section 15 by the Gangmasters and Labour Abuse Authority, the Authority.

(3) In subsection (9)—

(a) for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the Director General”, in the second and third places it occurs, substitute “ , the Director General or the Authority ”.

13

(1) Section 23 (slavery and trafficking risk orders) is amended as follows.

(2) In subsection (1)—

(a) omit the “or” after paragraph (b);

(b) after paragraph (c) insert

, or (d) the Gangmasters and Labour Abuse Authority.

(3) In subsection (6)—

(a) for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

(4) In subsection (7)(b)—

(a) for “or the Director General” substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or Director General” substitute “ , the Director General or the Authority ”.

14

In section 26(7) (requirement to provide name and address)—

(a) for “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the officer” substitute “ , the officer or the Authority ”.

15

(1) Section 27 (variation, renewal and discharge) is amended as follows.

(2) In subsection (2), after paragraph (f) insert—

(g) where the order was made on an application by the Gangmasters and Labour Abuse Authority, the Authority.

(3) In subsection (7)—

(a) for “or the Director General” in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the Director General” in the second and third places it occurs, substitute “ , the Director General or the Authority ”.

16

After section 30 (offences) insert—

(30A) (1) The Secretary of State may make arrangements with the Gangmasters and Labour Abuse Authority for officers of the Authority to act for the purposes of this Part in taking action in circumstances in which it appears that an offence under this Part which is a labour market offence (within the meaning of section 3 of the Immigration Act 2016) has been, is being or may be committed. (2) For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

17

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 ”.

SCHEDULE 3

Public Records Act 1958 (c. 51)

1

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 ”.

Parliamentary Commissioner Act 1967 (c. 13)

2

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments etc subject to investigation)—

(a) at the appropriate place insert “ Director of Labour Market Enforcement ”;

(b) for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

Superannuation Act 1972 (c. 11)

3

In the Superannuation Act 1972, in Schedule 1 (kinds of employment to which that Act applies)—

(a) under the heading “Other bodies”, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b) under the heading “Offices”, at the appropriate place insert “ Director of Labour Market Enforcement ”.

Employment Agencies Act 1973 (c. 35)

4

(1) Section 9 of the Employment Agencies Act 1973 (inspection) is amended as follows.

(2) In subsection (4)—

(a) in paragraph (a), for the words before sub-paragraph (i) substitute “ No information to which this subsection applies shall be disclosed except— ”;

(b) at the end of paragraph (a) insert

; or (vii) to an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); or (viii) to an officer acting for the purposes of Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 for any purpose relating to that Part; or (ix) to the Pensions Regulator for the purposes of the exercise of any function of the Regulator; or (x) to the Care Quality Commission for the purposes of the exercise of any function of the Commission.

(3) After subsection (4) insert—

(5) Subsection (4) applies to— (a) information obtained in the course of exercising the powers conferred by this section, (b) information obtained pursuant to section 15(5A) of the National Minimum Wage Act 1998, and (c) information obtained in the course of exercising powers by virtue of section 26(1) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).

House of Commons Disqualification Act 1975 (c. 24)

5

In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a) in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b) in Part 3 (other disqualifying offices), at the appropriate place insert “ Director of Labour Market Enforcement ”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

6

In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a) in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b) in Part 3 (other disqualifying offices), at the appropriate place insert “ Director of Labour Market Enforcement ”.

National Minimum Wage Act 1998 (c. 39)

7

(1) Section 15 of the National Minimum Wage Act 1998 (information obtained by officers) is amended as follows.

(2) In subsection (1)—

(a) after “to” insert

— (a)

;

(b) at the end insert

, and (b) any information obtained by an officer acting by virtue of section 26(2) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).

(3) After subsection (5B) insert—

(5C) Information to which this section applies— (a) may be supplied by, or with the authorisation of, the Secretary of State to an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); and (b) may be used by an officer so acting for any purpose for which the officer is so acting.

Regulation of Investigatory Powers Act 2000 (c. 23)

8

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 ”.

Freedom of Information Act 2000 (c. 36)

9

In the Freedom of Information Act 2000, in Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general)—

(a) at the appropriate place insert “ Director of Labour Market Enforcement ”;

(b) for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

Police Reform Act 2002 (c. 30)

10

The Police Reform Act 2002 is amended as follows.

11

In section 10 (general functions of the Independent Police Complaints Commission)—

(a) in subsection (1), after paragraph (g) insert—

(ga) to carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).

;

(b) in subsection (3), after paragraph (bc) insert—

(bd) any regulations under section 26D of this Act (labour abuse prevention officers);

12

After section 26C insert—

(26D) (1) The Secretary of State may make regulations conferring functions on the Commission in relation to the exercise of functions by officers of the Gangmasters and Labour Abuse Authority (the “Authority”) in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)). (2) Regulations under this section may, in particular— (a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part; (b) make provision for payment by the Authority to, or in respect of, the Commission. (3) The Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which— (a) the Commission has functions by virtue of this section, and (b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967. (4) An officer of the Authority may disclose information to the Commission, or to a person acting on the Commission's behalf, for the purposes of the exercise by the Commission, or by any person acting on the Commission's behalf, of an Authority complaints function. (5) The Commission and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function— (a) by virtue of this section, or (b) under the Parliamentary Commissioner Act 1967. (6) Regulations under this section may, in particular, make— (a) further provision about the disclosure of information under subsection (4) or (5); (b) provision about the further disclosure of information that has been so disclosed. (7) In this section “Authority complaints function” means a function in relation to the exercise of functions by officers of the Authority.

Gangmasters (Licensing) Act 2004 (c. 11)

13

The Gangmasters (Licensing) Act 2004 is amended as follows.

14

In the italic heading before section 1, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

15

In section 1 (Gangmasters Licensing Authority)—

(a) in the heading, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b) for subsection (1) substitute—

(1) The body known as the Gangmasters Licensing Authority is to continue to exist and is to be known as the Gangmasters and Labour Abuse Authority (in this Act referred to as “the Authority”).

;

(3A) When carrying out functions during a year to which a labour market enforcement strategy approved under section 2 of the Immigration Act 2016 relates, the Authority and its officers must carry out those functions in accordance with the strategy.

16

In section 2 (directions etc by the Secretary of State), in subsection (2) after “the Authority” insert “ and the Director of Labour Market Enforcement ”.

17

In section 3 (work to which Act applies)—

(a) 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 ”;

(b) after subsection (5) insert—

(6) The Secretary of State must consult the Authority and the Director of Labour Market Enforcement before making regulations under subsection (5).

18

In section 8 (general power of Authority to make rules)—

(a) in subsection (1), after “may” insert “ with the approval of the Secretary of State ”;

(b) omit subsection (3).

19

In section 14 (offences: supplementary provisions) after subsection (2) insert—

(2A) Subsections (1) and (2) do not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

20

In section 15 (enforcement and compliance officers) after subsection (6) insert—

(6A) Subsections (5) and (6) do not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

21

In section 16 (powers of officers) before subsection (1) insert—

(A1) This section does not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

22

In section 17 (entry by warrant) before subsection (1) insert—

(A1) This section does not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

23

(1) Section 19 (information relating to gangmasters) is amended as follows.

(2) In subsection (1)—

(a) for the words before paragraph (a) substitute “ Information to which this subsection applies— ”;

(b) for paragraph (a) substitute—

(a) may be supplied to any person for use for the purposes of, or for any purpose connected with, the exercise of functions under this Act, (aa) may be supplied to any person by whom, or by whose officers, labour market enforcement functions are exercisable for the purposes of, or for any purpose connected with, the exercise of such functions, and

(3) After subsection (1) insert—

(1A) Subsection (1) applies to— (a) information held by any person for the purposes of, or for any purpose connected with, the exercise of functions under this Act, and (b) information held by any officer acting by virtue of section 26(3) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders). (1B) In subsection (1) “labour market enforcement functions” has the same meaning as in Chapter 1 of Part 1 of the Immigration Act 2016 (see section 3 of that Act).

(4) In subsection (2)—

(a) omit “relating to the operations of a person acting as a gangmaster”;

(b) for “(1)(b)” substitute “ (1)(aa) or (b) ”.

24

(1) Schedule 2 (application of Act to Northern Ireland) is amended as follows.

(2) In the italic heading before paragraph 3, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

(3) In paragraph 6—

(a) after “work in Northern Ireland,” insert

— (a)

;

(b) at the end insert

, and (b) the requirement under subsection (2) of that section to consult the Director of Labour Market Enforcement is to be ignored.

(4) In paragraph 7, for paragraph (b) substitute—

(b) paragraph (b) is to be read as if for “work of a prescribed description as being work to which this Act applies” there were substituted “work of the following nature as being work to which this Act applies— (i) the gathering (by any manner) of wild creatures, or wild plants, of a prescribed description and the processing and packaging of anything so gathered, and (ii) the harvesting of fish from a fish farm (within the meaning of the Fisheries Act (NI) 1966 (c 17 (NI)).

(5) In paragraph 10, for sub-paragraph (2) substitute—

(2) 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. (3) The Authority must consult the relevant Northern Ireland department before making any Northern Ireland rules about fees.

(6) After paragraph 16 insert—

(16A) (1) Section 19 as it applies in relation to Northern Ireland functions is to be read as if— (a) paragraph (aa) of subsection (1) (and the reference to it in subsection (2)) were omitted, (b) subsections (1A)(b) and (1B) were omitted, and (c) in subsection (2), after “Information” there were inserted the words “ relating to the operations of a person acting as a gangmaster ”. (2) In this paragraph “Northern Ireland functions” means functions under this Act in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland. (16B) Section 22A does not apply in relation to the Authority's functions in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland.

Pensions Act 2004 (c. 35)

25

In the Pensions Act 2004, in Schedule 3 (certain permitted disclosures of restricted information held by the Pensions Regulator), at the end of the table insert—

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.

Natural Environment and Rural Communities Act 2006 (c. 16)

26

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 ”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

27

In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 5 (designated regulators), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

Modern Slavery Act 2015 (c. 30)

28

The Modern Slavery Act 2015 is amended as follows.

29

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 ”.

30

At the beginning of Part 7, after the italic heading “Miscellaneous” insert—

(54A) (1) A specified person may disclose information to the Gangmasters and Labour Abuse Authority (the “Authority”) or a relevant officer if the disclosure is made for the purposes of the exercise of any function of the Authority or the officer under this Act. (2) Information obtained by the Authority or a relevant officer in connection with the exercise of any function of the Authority or the officer under this Act may be used by the Authority or the officer in connection with the exercise of any other such function of the Authority or the officer. (3) The Authority or a relevant officer may disclose to a specified person information obtained in connection with the exercise of any function of the Authority or the officer under this Act if the disclosure is made for the purposes of the exercise of any function of the specified person. (4) A disclosure of information which is authorised by this section does not breach— (a) an obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (5) But nothing in this section authorises the making of a disclosure which— (a) contravenes the Data Protection Act 1998, or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000. (6) This section does not limit the circumstances in which information may be disclosed apart from this section. (7) “Specified person” means a person specified in Schedule 4A (information gateways: specified persons). (8) The Secretary of State may by regulations amend Schedule 4A. (9) In this section, “relevant officer” means an officer of the Authority who is acting for the purposes of Part 1 or 2 of this Act (see sections 11A and 30A).

31

Omit section 55 (review of Gangmasters Licensing Authority).

32

In section 58 (regulations), in subsection (4), after paragraph (j) insert—

(ja) regulations under section 54A(8) (power to amend Schedule 4A);

33

In section 60 (extent)—

(a) in subsection (1), after “section 53)” insert “ and section 54A, and Schedule 4A, in Part 7 ”;

(b) in subsection (3), after “and 7” insert “ (except for section 54A and Schedule 4A) ”.

34

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 ”.

35

After Schedule 4 insert—

SCHEDULE 4A - The Secretary of State. - A person by whom, or by whose officers, labour market enforcement functions (within the meaning given by section 3 of the Immigration Act 2016) are exercisable. - A chief officer of police for a police area in England and Wales. - The chief constable of the British Transport Police Force. - An immigration officer. - A county council in England or Wales. - A county borough council in Wales. - A district council in England. - A London borough council. - The Greater London Authority. - The Common Council of the City of London. - The Council of the Isles of Scilly. - A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006. - An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006. - A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006. - The Independent Anti-slavery Commissioner.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)

36

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 ”.

SCHEDULE 4

PART 1 — Entitlement to work in the United Kingdom

1

After section 192 of the Licensing Act 2003 insert—

(192A) (1) For the purposes of this Act an individual is entitled to work in the United Kingdom if— (a) the individual does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or (b) the individual has been granted such leave and the leave— (i) is not invalid, (ii) has not ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), and (iii) is not subject to a condition preventing the individual from doing work relating to the carrying on of a licensable activity within section 1(1)(a) or (d). (2) Where an individual is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016— (a) the individual is to be treated for the purposes of subsection (1) as if the individual had been granted leave to enter the United Kingdom, but (b) any condition as to the individual's work in the United Kingdom to which the individual's immigration bail is subject is to be treated for those purposes as a condition of leave.

PART 2 — Premises licences

2

Part 3 of the Licensing Act 2003 (premises licences) is amended as follows.

3

In section 13(4) (meaning of “responsible authority”), after paragraph (h) insert—

(ha) where the premises (not being a vessel) are being, or are proposed to be, used for a licensable activity within section 1(1)(a) or (d), the Secretary of State,

4

(1) Section 16 (applicant for premises licence) is amended as follows.

(2) In subsection (1), at the beginning insert “ Subject to subsections (2) and (2A), ”.

(3) In subsection (2), omit “But”.

(4) After subsection (2) insert—

(2A) An individual who is resident in the United Kingdom may not apply for a premises licence authorising premises to be used for a licensable activity within section 1(1)(a) or (d) unless the individual is entitled to work in the United Kingdom.

5

In section 27 (death, incapacity, insolvency etc of licence holder), after subsection (1) insert—

(1A) A premises licence that authorises premises to be used for a licensable activity within section 1(1)(a) or (d) also lapses if the holder of the licence ceases to be entitled to work in the United Kingdom at a time when the holder of the licence is resident in the United Kingdom (or becomes so resident without being entitled to work in the United Kingdom).

6

(1) Section 42 (application for transfer of premises licence) is amended as follows.

(2) After subsection (2) insert—

(2A) Where the applicant is an individual who is resident in the United Kingdom and the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d) he must also be entitled to work in the United Kingdom.

(3) After subsection (5) insert—

(5ZA) Where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), the relevant person must also give notice of the application to the Secretary of State.

(4) In subsection (5A), for “subsection (5)” substitute “ subsections (5) and (5ZA) ”.

(5) After subsection (7) insert—

(8) Where the Secretary of State is given notice under subsection (5ZA) and is satisfied that the exceptional circumstances of the case are such that granting the application would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must give the relevant licensing authority a notice stating the reasons for being so satisfied. (9) The Secretary of State must give that notice within the period of 14 days beginning with the day on which the Secretary of State is notified of the application under subsection (5ZA).

7

(1) Section 44(5) (determination of transfer application) is amended as follows.

(2) In the words before paragraph (a), after “section 42(6)” insert “ or (8) ”.

(3) In paragraph (a), for “chief officer of police” substitute “ person ”.

(4) For paragraph (b) substitute—

(b) having regard to the notice— (i) where the notice is given under section 42(6), reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or (ii) where the notice is given under section 42(8), reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

8

(1) Section 45 (notification of determination under section 44) is amended as follows.

(2) In subsection (2)—

(a) after “that section” insert “ or the Secretary of State gave a notice under subsection (8) of that section ”;

(b) for “(and it” substitute “ (which, in either case, ”.

(3) After subsection (2) insert—

(2A) Where the Secretary of State gave a notice under subsection (8) of section 42 (which was not withdrawn), the notice under subsection (1) of this section must also be given to the Secretary of State.

9

(1) Section 47 (interim authority notice following death etc of licence holder) is amended as follows.

(2) In subsection (1)—

(a) after “or (c)” insert “ or (1A) ”;

(b) after “holder” insert “ or change of immigration status ”.

(3) In subsection (3), after “subject to” insert “ subsection (3A) and ”.

(4) After subsection (3) insert—

(3A) Where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), a person falling within subsection (2)(a) or (b) who is an individual who is resident in the United Kingdom may give an interim authority notice only if the person is entitled to work in the United Kingdom.

(5) In subsection (7), after paragraph (a) insert—

(aa) where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), at the end of the initial 28 day period unless before that time the person who gave the interim authority notice has given a copy of the notice to the Secretary of State;

(6) In subsection (7A)—

(a) in paragraph (a), for “subsection (7)(a) does” substitute “ paragraphs (a) and (aa) of subsection (7) do ”;

(b) in paragraph (b), at the end insert “ and, where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), to the Secretary of State. ”

10

(1) Section 48 (cancellation of interim authority notice following police objections) is amended as follows.

(2) In the heading, omit “police”.

(3) In subsection (1), for “This section” substitute “ Subsection (2) ”.

(4) After subsection (2) insert—

(2A) Subsection (2B) applies where— (a) an interim authority notice by a person (“the relevant person”) is given in accordance with section 47, (b) the Secretary of State is given a copy of the interim authority notice before the end of the initial 28 day period (within the meaning of that section), and (c) the Secretary of State is satisfied that the exceptional circumstances of the case are such that a failure to cancel the interim authority notice would be prejudicial to the prevention of illegal working in licensed premises. (2B) The Secretary of State must before the end of the second working day following receipt of the copy of the interim authority notice give the relevant licensing authority a notice stating why the Secretary of State is so satisfied.

(5) In subsection (3)—

(a) in the words before paragraph (a), for “by the chief officer of police” substitute “ under subsection (2) or (2B) ”;

(b) in paragraph (a), for “chief officer of police” substitute “ person who gave the notice ”;

(b) having regard to the notice— (i) where the notice is given under subsection (2), cancel the interim authority notice if it considers it appropriate for the promotion of the crime prevention objective to do so, or (ii) where the notice is given under subsection (2B), cancel the interim authority notice if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

(6) After subsection (5) insert—

(5A) Where an interim authority notice is cancelled under subsection (3)(b)(ii), the licensing authority must also give a copy of the notice under subsection (4) to the Secretary of State.

11

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 3 — Personal licences

12

Part 6 of the Licensing Act 2003 (personal licences) is amended as follows.

13

(1) Section 113 (meaning of “relevant offence” and “foreign offence”) is amended as follows.

(2) In the heading, for “and “foreign offence”” substitute “, “immigration offence”, “foreign offence” and “immigration penalty””.

(3) After subsection (2) insert—

(2A) In this Part “immigration offence” means— (a) an offence referred to in paragraph 7A of Schedule 4, or (b) an offence listed in paragraph 24 or 25 of Schedule 4 that is committed in relation to an offence referred to in paragraph 7A of that Schedule.

(4) At the end insert—

(4) In this Part “immigration penalty” means a penalty under— (a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or (b) section 23 of the Immigration Act 2014 (“the 2014 Act”). (5) For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if— (a) the person is excused payment by virtue of section 15(3) of that Act, or (b) the penalty is cancelled by virtue of section 16 or 17 of that Act. (6) For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as— (a) the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and (b) if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn. (7) For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if— (a) the person is excused payment by virtue of section 24 of that Act, or (b) the penalty is cancelled by virtue of section 29 or 30 of that Act. (8) For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as— (a) the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and (b) if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

14

(1) Section 115 (period of validity of personal licence) is amended as follows.

(2) In subsection (2), after “subsections” insert “ (2A), ”.

(3) After subsection (2) insert—

(2A) A personal licence ceases to have effect if the holder of the licence ceases to be entitled to work in the United Kingdom.

15

(1) Section 120 (determination of application for grant) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) insert—

(aa) he is entitled to work in the United Kingdom,

;

(b) in paragraph (d), at the end insert “ or required to pay an immigration penalty ”.

(3) In subsection (3), for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”.

(4) In subsection (4), for “(a), (b) and (c)” substitute “ (a) to (c) ”.

(5) In subsection (5)—

(a) omit the “and” at the end of paragraph (a);

(b) at the end of paragraph (b) insert

and (c) the applicant having been required to pay any immigration penalty,

(6) After subsection (5) insert—

(5A) If it appears to the authority that the applicant meets the conditions in paragraphs (a) to (c) of subsection (2) but fails to meet the condition in paragraph (d) of that subsection by virtue of having been— (a) convicted of an immigration offence, (b) convicted of a foreign offence that the authority considers to be comparable to an immigration offence, or (c) required to pay an immigration penalty, the authority must give the Secretary of State a notice to that effect. (5B) Where, having regard to— (a) any conviction of the applicant for an immigration offence, (b) any conviction of the applicant for a foreign offence which the Secretary of State considers to be comparable to an immigration offence, and (c) the applicant having been required to pay any immigration penalty, the Secretary of State is satisfied that granting the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (5A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).

(7) 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, ”.

(8) In subsection (7)—

(a) in the words before paragraph (a), for “In any other case,” substitute “ Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), and not withdrawn, ”;

(b) in paragraph (a)—

(i) omit “objection”;

(ii) for “chief officer of police” substitute “ person who gave the notice ”;

(b) having regard to the notice, must— (i) where the notice is an objection notice, reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or (ii) where the notice is an immigration objection notice, reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

(9) After subsection (7) insert—

(7A) An application that is not rejected by the authority under subsection (7)(b) must be granted by it.

16

(1) Section 122 (notification of determinations) is amended as follows.

(2) In subsection (1)—

(a) after “objection notice” insert “ or the Secretary of State gave an immigration objection notice ”;

(b) after “(which” insert “ , in either case, ”.

(3) After subsection (2) insert—

(2A) Where the Secretary of State gave an immigration objection notice (which was not withdrawn) the notice under subsection (1)(a) or (2), as the case may be, must also be given to the Secretary of State.

(4) In subsection (3), in the definition of “objection notice”, for “has” substitute “ and “immigration objection notice” have ”.

17

(1) Section 123 (duty to notify licensing authority of convictions during application period) is amended as follows.

(2) In the heading, after “convictions” insert “ etc ”.

(3) In subsection (1)—

(a) after “application period” insert “ , or is required to pay an immigration penalty during that period ”;

(b) after “conviction” insert “ or the requirement to pay (as the case may be) ”.

18

(1) Section 124 (convictions coming to light after grant) is amended as follows.

(2) In subsection (1)—

(a) for “(“the offender”)” substitute “ (“the licence holder”) ”;

(b) at the end insert “ or was required during that period to pay an immigration penalty ”.

(3) In subsection (3)—

(a) in paragraph (a)—

(i) for “applicant” substitute “ licence holder ”;

(ii) for “, and” substitute “ which occurred before the end of the application period, ”;

(b) in paragraph (b), after “relevant offence” insert “ and which occurred before the end of the application period ”;

and (c) the licence holder having been required before the end of the application period to pay any immigration penalty,

;

(d) in the words after paragraph (b), omit “which occurred before the end of the application period,”.

(4) After subsection (3) insert—

(3A) Where the licence holder was (during the application period)— (a) convicted of an immigration offence, (b) convicted of a foreign offence that the licensing authority considers to be comparable to an immigration offence, or (c) required to pay an immigration penalty, the authority must give the Secretary of State a notice to that effect. (3B) Where, having regard to— (a) any conviction of the licence holder for an immigration offence which occurred before the end of the application period, (b) any conviction of the licence holder for a foreign offence which the Secretary of State considers to be comparable to an immigration offence and which occurred before the end of the application period, and (c) the licence holder having been required before the end of the application period to pay any immigration penalty, the Secretary of State is satisfied that continuation of the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (3A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).

(5) In subsection (4)—

(a) in the words before paragraph (a), for “is given within that period” substitute “ or an immigration objection notice is given within the period of 14 days referred to in subsection (3) or (3B), as the case may be, ”;

(b) in paragraph (a)—

(i) omit “objection”;

(ii) for “holder of the licence, the chief officer of police” substitute “ licence holder, the person who gave the notice ”;

— (i) where the notice is an objection notice, revoke the licence if it considers it appropriate for the promotion of the crime prevention objective to do so, or (ii) where the notice is an immigration objection notice, revoke the licence if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

(6) After subsection (5) insert—

(5A) Where the authority revokes or decides not to revoke a licence under subsection (4)(b)(ii) it must also notify the Secretary of State of the decision and its reasons for making it.

19

(1) Section 125(3) (form of personal licence) is amended as follows.

(2) For “of each” substitute

of— (a) each

(3) At the end insert—

(b) each immigration penalty that the holder has been required to pay and the date of each notice by which such a penalty was imposed.

20

(1) Section 132 (licence holder's duty to notify licensing authority of convictions) is amended as follows.

(2) In the heading, after “convictions” insert “ etc ”.

(3) After subsection (2) insert—

(2A) Subsection (2B) applies where the holder of a personal licence is required to pay an immigration penalty. (2B) The holder must, as soon as reasonably practicable after being required to pay the penalty, give the relevant licensing authority a notice containing details of the penalty, including the date of the notice by which the penalty was imposed.

(4) In subsection (3), after “(2)” insert “ or (2B) ”.

21

In Schedule 4 (personal licence: relevant offences), after paragraph 7 insert—

(7A) An offence under any of the Immigration Acts.

PART 4 — Rights of entry

22

(1) Section 179 of the Licensing Act 2003 (rights of entry to investigate licensable activities) is amended as follows.

(2) After subsection (1) insert—

(1A) Where an immigration officer has reason to believe that any premises are being used for a licensable activity within section 1(1)(a) or (d), the officer may enter the premises with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of the activity.

(3) In subsection (2)—

(a) after “authorised person” insert “ or an immigration officer ”;

(b) for “the power”, in the first place it occurs, substitute “ a power ”.

(4) In subsection (3), for “the power” substitute “ a power ”.

(5) In subsection (4), after “authorised person” insert “ or an immigration officer ”.

(6) In subsection (6)—

(a) omit “and” at the end of the definition of “authorisation”;

(b) at the end of the subsection insert—

“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

PART 5 — Appeals

23

Schedule 5 to the Licensing Act 2003 (appeals) is amended as follows.

24

(1) Paragraph 6 (transfer of licence) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “42(6)” insert “ or the Secretary of State gave a notice under section 42(8) ”;

(b) after “(which” insert “ , in either case, ”.

(3) In sub-paragraph (2), after “police” insert “ or the Secretary of State, as the case may be, ”.

25

(1) Paragraph 7 (interim authority notice) is amended as follows.

(2) In sub-paragraph (1)(b)—

(a) after “48(2)” insert “ or the Secretary of State gives a notice under section 48(2B) ”;

(b) after “(which” insert “ , in either case, ”.

(3) 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), ”.

(4) After sub-paragraph (3) insert—

(3A) 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.

26

In paragraph 9 (general provision about appeals under Part 1 of Schedule 5), in sub-paragraph (4), after “paragraph 7(3)” insert “ or (3A) ”.

27

(1) Paragraph 17 (personal licences) is amended as follows.

(2) In sub-paragraph (2)—

(a) for “section 120(7)” substitute “ 120(7A) after the giving of a notice under section 120(5) ”;

(b) for “objection notice (within the meaning of section 120(5))” substitute “ notice ”.

(3) After sub-paragraph (2) insert—

(2A) 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.

(4) After sub-paragraph (5) insert—

(5A) Where in a case to which section 124 applies— (a) the Secretary of State gives a notice under subsection (3B) of that section (and does not later withdraw it), and (b) the licensing authority decides not to revoke the licence, the Secretary of State may appeal against the decision.

(5) In sub-paragraph (8), for “(2), (3) or (5)” substitute “ (2), (2A), (5) or (5A) ”.

28

At the end insert—

(19) On an appeal under this Schedule, a magistrates' court is not entitled to entertain any question as to whether— (a) an individual should be, or should have been, granted leave to enter or remain in the United Kingdom, or (b) an individual has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

PART 6 — General

29

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”.

30

(1) Section 193 of the Licensing Act 2003 (other definitions) is amended as follows.

(2) The existing text becomes subsection (1).

(3) After that subsection insert—

(2) For the purposes of references in this Act to the prevention of illegal working in licensed premises, a person is working illegally if by doing that work at that time the person is committing an offence under section 24B of the Immigration Act 1971.

31

In section 194 of the Licensing Act 2003 (index of defined expressions), insert the following entries at the appropriate places—

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
---	---

32

In the Police Reform and Social Responsibility Act 2011, omit sections 109(9) and (10) and 111(3) and (5).

PART 7 — Transitional provision

33

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.

34

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.

35

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.

36

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—

(a) personal licences granted before, on or after the coming into force of that paragraph, and

(b) offences committed before, on or after the coming into force of that paragraph.

SCHEDULE 5

London Hackney Carriages Act 1843 (c. 86)

1

(1) 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.

(2) At the beginning insert “ (1) ”.

(3) At the end of subsection (1) insert—

(2) Subsection (1) does not require the delivery of a licence and badge on the expiry of the licence if the licence was granted in accordance with section 8A(2) or (4) of the Metropolitan Public Carriage Act 1869 (but see section 8A(6) of that Act).

Metropolitan Public Carriage Act 1869 (c. 115)

2

The Metropolitan Public Carriage Act 1869 is amended as follows.

3

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 ”.

4

After section 8 insert—

(8A) (1) Subsection (2) applies if— (a) a licence under section 8 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”), (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and (c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period. (2) Transport for London must grant the licence for a period which ends at or before the end of the leave period. (3) Subsection (4) applies if— (a) a licence under section 8 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision). (4) Transport for London must grant the licence for a period that does not exceed six months. (5) A licence under section 8 ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a hackney carriage. (6) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return to Transport for London— (a) the licence, (b) the person's copy of the licence (if any), and (c) the person's driver's badge. (7) If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return to Transport for London— (a) the licence, (b) the person's copy of the licence (if any), and (c) the person's driver's badge. (8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (9) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b). (10) Regulations under subsection (9) may make transitional, transitory or saving provision. (11) A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (12) For the purposes of this section a person is disqualified by reason of the person's immigration status from driving a hackney carriage if the person is subject to immigration control and— (a) the person has not been granted leave to enter or remain in the United Kingdom, or (b) the person's leave to enter or remain in the United Kingdom— (i) is invalid, (ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or (iii) is subject to a condition preventing the person from driving a hackney carriage. (13) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016— (a) the person is to be treated for the purposes of this section as if the person had been granted leave to enter the United Kingdom, but (b) any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave. (14) For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.

Plymouth City Council Act 1975 (c. xx)

5

The Plymouth City Council Act 1975 is amended as follows.

6

After section 2 insert—

(2A) (1) For the purposes of this Act a person is disqualified by reason of the person's immigration status from carrying on a licensable activity if the person is subject to immigration control and— (a) the person has not been granted leave to enter or remain in the United Kingdom, or (b) the person's leave to enter or remain in the United Kingdom— (i) is invalid, (ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or (iii) is subject to a condition preventing the person from carrying on the licensable activity. (2) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016— (a) the person is to be treated for the purposes of this Act as if the person had been granted leave to enter the United Kingdom, but (b) any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave. (3) For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom. (4) For the purposes of this section a person carries on a licensable activity if the person— (a) drives a private hire vehicle, (b) operates a private hire vehicle, or (c) drives a hackney carriage. (2B) (1) In this Act “immigration offence” means— (a) an offence under any of the Immigration Acts, (b) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a), or (c) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a). (2) In this Act “immigration penalty” means a penalty under— (a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or (b) section 23 of the Immigration Act 2014 (“the 2014 Act”). (3) For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if— (a) the person is excused payment by virtue of section 15(3) of that Act, or (b) the penalty is cancelled by virtue of section 16 or 17 of that Act. (4) For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as— (a) the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and (b) if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn. (5) For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if— (a) the person is excused payment by virtue of section 24 of that Act, or (b) the penalty is cancelled by virtue of section 29 or 30 of that Act. (6) For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as— (a) the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and (b) if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

7

(1) Section 9 (licensing of drivers of private hire vehicles) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) after “satisfied” insert “ —(i) ”, and

(b) for the “or” at the end of paragraph (a) substitute

and (ii) that the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; or

(3) After subsection (1) insert—

(1A) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, the Council must have regard to any guidance issued by the Secretary of State.

8

In section 11(1) (drivers' licences for hackney carriages and private hire vehicles)—

(a) in paragraph (a) for “Every” substitute “ Subject to section 11A, every ”, and

(b) in paragraph (b) after “1889,” insert “ but subject to section 11A, ”.

9

After section 11 insert—

(11A) (1) Subsection (2) applies if— (a) a licence within section 11(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”), (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and (c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period. (2) The Council must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period. (3) Subsection (4) applies if— (a) a licence within section 11(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision). (4) The Council must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months. (5) A licence within section 11(1)(a) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a private hire vehicle. (6) A licence within section 11(1)(b) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a hackney carriage. (7) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence and the person's driver's badge to the Council. (8) If subsection (5) or (6) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence and the person's driver's badge to the Council. (9) A person who, without reasonable excuse, contravenes subsection (7) or (8) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (10) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (9)(b). (11) Regulations under subsection (10) may make transitional, transitory or saving provision. (12) A statutory instrument containing regulations under subsection (10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

10

(1) Section 13 (licensing of operators of private hire vehicles) is amended as follows.

(2) In subsection (1)—

(a) after “satisfied” insert “ —(a) ”, and

(b) at the end of paragraph (a) insert

; and (b) if the applicant is an individual, that the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle.

(3) After subsection (1) insert—

(1A) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, the Council must have regard to any guidance issued by the Secretary of State.

(4) In subsection (2) for “Every” substitute “ Subject to section 13A, every ”.

11

After section 13 insert—

(13A) (1) Subsection (2) applies if— (a) a licence under section 13 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”), (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and (c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period. (2) The Council must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period. (3) Subsection (4) applies if— (a) a licence under section 13 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision). (4) The Council must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months. (5) A licence under section 13 ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a private hire vehicle. (6) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the Council. (7) If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the Council. (8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (9) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b). (10) Regulations under subsection (9) may make transitional, transitory or saving provision. (11) A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

12

(1) Section 17 (qualification for drivers of hackney carriages) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) after “satisfied” insert “ —(i) ”, and

(b) for the “or” at the end of paragraph (a) substitute

and (ii) that the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or

(3) After subsection (1) insert—

(1A) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a hackney carriage, the Council must have regard to any guidance issued by the Secretary of State.

13

(1) Section 19 (suspension and revocation of drivers' licences) is amended as follows.

(2) In subsection (1) before the “or” at the end of paragraph (a) insert—

(aa) that he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;

(3) After subsection (1) insert—

(1A) Subsection (1)(aa) does not apply if— (a) in a case where the driver has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or (b) in a case where the driver has been required to pay an immigration penalty— (i) more than three years have elapsed since the date on which the penalty was imposed, and (ii) the amount of the penalty has been paid in full.

(4) After subsection (2) insert—

(2A) The requirement in subsection (2)(a) to return a driver's badge does not apply in a case where section 20A applies (but see subsection (2) of that section).

14

(1) Section 20 (suspension and revocation of operators' licences) is amended as follows.

(2) In subsection (1) before the “or” at the end of paragraph (c) insert—

(ca) that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;

(3) After subsection (1) insert—

(1A) Subsection (1)(ca) does not apply if— (a) in a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or (b) in a case where the operator has been required to pay an immigration penalty— (i) more than three years have elapsed since the date on which the penalty was imposed, and (ii) the amount of the penalty has been paid in full.

15

After section 20 insert—

(20A) (1) Subsection (2) applies if— (a) under section 19 the Council suspend, revoke or refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on the ground mentioned in subsection (1)(aa) of that section, or (b) under section 20 the Council suspend, revoke or refuse to renew an operator's licence on the ground mentioned in subsection (1)(ca) of that section. (2) The person to whom the licence was granted must, within the period of 7 days beginning with the relevant day, return to the Council— (a) the licence, and (b) in the case of a licence of a driver of a hackney carriage or a private hire vehicle, the person's driver's badge. (3) In subsection (2) “the relevant day” means— (a) where the licence is suspended or revoked, the day on which the suspension or revocation takes effect; (b) where the Council refuse to renew the licence, the day on which the licence expires as a result of the failure to renew it. (4) A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (5) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (4)(b). (6) Regulations under subsection (5) may make transitional, transitory or saving provision. (7) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

16

In section 37 (appeals) after subsection (2) insert—

(3) On an appeal under this Act or an appeal under section 302 of the Act of 1936 as applied by this section, the court is not entitled to entertain any question as to whether— (a) a person should be, or should have been, granted leave to enter or remain in the United Kingdom, or (b) a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

17

The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.

18

(1) Section 51 (licensing of drivers of private hire vehicles) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) after “satisfied” insert “ —(i) ”, and

(b) for the “or” at the end of paragraph (a) substitute

and (ii) that the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; or

(3) After subsection (1) insert—

(1ZA) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, a district council must have regard to any guidance issued by the Secretary of State.

19

In section 53(1) (drivers' licences for hackney carriages and private hire vehicles)—

(a) in paragraph (a) for “Every” substitute “ Subject to section 53A, every ”, and

(b) in paragraph (b) after “1889,” insert “ but subject to section 53A, ”.

20

After section 53 insert—

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