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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

(53A) (1) Subsection (2) applies if— (a) a licence within section 53(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 district council which grants the licence 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 53(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 district council which grants the licence 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 53(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 53(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 district council which granted the licence. (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 district council which granted the licence. (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.

21

(1) Section 55 (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, a district council must have regard to any guidance issued by the Secretary of State.

(4) In subsection (2) for “Every” substitute “ Subject to section 55ZA, every ”.

22

After section 55 insert—

(55ZA) (1) Subsection (2) applies if— (a) a licence under section 55 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 district council which grants the licence 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 55 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 district council which grants the licence 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 55 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 district council which granted the licence. (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 district council which granted the licence. (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.

23

(1) Section 59 (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—

(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 hackney carriage, a district council must have regard to any guidance issued by the Secretary of State.

24

(1) Section 61 (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—

(2ZA) The requirement in subsection (2)(a) to return a driver's badge does not apply in a case where section 62A applies (but see subsection (2) of that section).

25

(1) Section 62 (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.

26

After section 62 insert—

(62A) (1) Subsection (2) applies if— (a) under section 61 a district 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 62 a district 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 district 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 district 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.

27

In section 77 (appeals) after subsection (3) insert—

(4) On an appeal under this Part of 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.

28

After section 79 insert—

(79A) (1) For the purposes of this Part 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 Part 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. (79B) (1) In this Part of 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 Part of 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 Part 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 Part 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 Part 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 Part 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.

Civic Government (Scotland) Act 1982 (c. 45)

29

The Civic Government (Scotland) Act 1982 is amended as follows.

30

In section 13 (taxi and private hire car driving licences) after subsection (3) insert—

(3A) A licensing authority shall not grant a licence to any person under this section unless the authority is satisfied that the person is not disqualified by reason of the person's immigration status from driving a taxi or private hire car. (3B) Section 13A makes provision for the purposes of subsection (3A) about the circumstances in which a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car. (3C) In determining for the purposes of subsection (3A) whether a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car, a licensing authority must have regard to any guidance issued by the Secretary of State.

31

After section 13 insert—

(13A) (1) For the purposes of section 13(3A) a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car 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 taxi or private hire car. (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 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. (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.

32

(1) Schedule 1 (licensing - further provisions as to the general system) is amended as follows.

(2) In paragraph 8 (duration of licences) in sub-paragraph (8) after “paragraphs” insert “ 8A and ”.

(3) After paragraph 8 insert—

(8A) (1) Sub-paragraph (2) applies if— (a) a taxi driver's licence or private hire car driver's licence 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 sub-paragraph (2), the period for which the licence would have had effect would have ended after the end of the leave period. (2) The licensing authority which grants the licence must specify a period in the licence as the period for which it has effect; and that period must end at or before the end of the leave period. (3) Sub-paragraph (4) applies if— (a) a taxi driver's licence or private hire car driver's licence 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 licensing authority which grants the licence must specify a period in the licence as the period for which it has effect; and that period must not exceed six months. (5) A taxi driver's licence or private hire car driver's licence ceases to have effect if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a taxi or private hire car. (6) Section 13A (persons disqualified by reason of immigration status) applies for the purposes of sub-paragraph (5) as it applies for the purposes of section 13(3A). (7) If a licence granted in accordance with sub-paragraph (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 licensing authority. (8) If sub-paragraph (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 the licence to the licensing authority which granted the licence. (9) A person who, without reasonable excuse, contravenes sub-paragraph (7) or (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (10) This paragraph applies in relation to the renewal of a licence as it applies in relation to the grant of a licence.

(4) In paragraph 11 (suspension and revocation of licences) after sub-paragraph (2) insert—

(2A) 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). (2B) Sub-paragraph (2A) does not apply if— (a) in a case where the holder of the licence 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 holder of the licence 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.

(5) In paragraph 18 (appeals) after sub-paragraph (8) insert—

(8A) 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— (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.

(6) After paragraph 19 insert—

(20) (1) In this Schedule “immigration offence” means an offence under any of the Immigration Acts. (2) In this Schedule “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 Schedule 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 Schedule 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 Schedule 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 Schedule 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.

Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10))

33

(1) Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10)) is amended as follows.

(2) After the entry relating to section 1(3) of the Taxis Act (Northern Ireland) 2008 insert—

Section 2A(8)	Failing to return an operator's licence	Summarily	Level 3 on the standard scale

(3) After the entry relating to section 22(6) of the Taxis Act (Northern Ireland) 2008 insert—

Section 23A(8)	Failing to return an operator's licence	Summarily	Level 3 on the standard scale

Private Hire Vehicles (London) Act 1998 (c. 34)

34

The Private Hire Vehicles (London) Act 1998 is amended as follows.

35

In section 1(1) (meaning of “private hire vehicle” etc)—

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

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

; and (c) operate”, in relation to a private hire vehicle, means to make provision for the invitation or acceptance of, or to accept, private hire bookings in relation to the vehicle.

36

(1) Section 3 (London operator's licences) is amended as follows.

(2) In subsection (3) for the “and” at the end of paragraph (a) substitute—

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

(3) After subsection (3) insert—

(3A) In determining for the purposes of subsection (3) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, the licensing authority must have regard to any guidance issued by the Secretary of State.

(4) In subsection (5) for “A” substitute “ Subject to section 3A, a ”.

37

After section 3 insert—

(3A) (1) Subsection (2) applies if— (a) a London PHV operator's licence 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 granted would have ended after the end of the leave period. (2) The licence must be granted for a period which ends at or before the end of the leave period. (3) Subsection (4) applies if— (a) a London PHV operator's licence 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 licence must be granted for a period which does not exceed six months. (5) A London PHV operator's licence 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 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 licensing authority. (7) A person who, without reasonable excuse, contravenes subsection (6) 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. (8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).

38

(1) Section 13 (London PHV driver's licences) is amended as follows.

(2) In subsection (2) for the “and” at the end of paragraph (a) substitute—

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

(3) After subsection (2) insert—

(2A) In determining for the purposes of subsection (2) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, the licensing authority must have regard to any guidance issued by the Secretary of State.

(4) In subsection (5) at the beginning of paragraph (c) insert “ subject to section 13A, ”.

39

After section 13 insert—

(13A) (1) Subsection (2) applies if— (a) a London PHV driver's licence 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 granted would have ended after the end of the leave period. (2) The licence must be granted for a period which ends at or before the end of the leave period. (3) Subsection (4) applies if— (a) a London PHV driver's licence 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 licence must be granted for a period which does not exceed six months. (5) A London PHV driver's licence 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) 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 the licence and the person's driver's badge to the licensing authority. (7) A person who, without reasonable excuse, contravenes subsection (6) 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. (8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).

40

(1) Section 16 (power to suspend or revoke licences) is amended as follows.

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

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

(3) After subsection (2) insert—

(2A) Subsection (2)(aa) does not apply if— (a) in a case where the licence holder 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 licence holder 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) In subsection (4) at the end of paragraph (a) insert—

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

(5) After subsection (4) insert—

(5) Subsection (4)(aa) does not apply if— (a) in a case where the licence holder 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 licence holder 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.

41

In section 25 (appeals) after subsection (7) insert—

(8) On an appeal under this Act to the magistrates' court or the Crown Court, 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.

42

(1) Section 32 (regulations) is amended as follows.

(2) In subsection (1) after “other than section” in the first place those words appear insert “ 3A(8), 13A(8) or ”.

(3) After subsection (2) insert—

(2A) The power to make regulations conferred on the Secretary of State by section 3A(8) or 13A(8) is exercisable by statutory instrument. (2B) A statutory instrument containing regulations under either of those sections may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) In subsection (4) after “made under section” insert “ 3A(8), 13A(8) or ”.

43

After section 35 insert—

(35A) (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) operates a private hire vehicle; or (b) drives a private hire vehicle. (35B) (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.

44

In section 36 (interpretation) at the appropriate place insert—

“operate” has the meaning given in section 1(1);

Taxis Act (Northern Ireland) 2008 (c. 4)

45

The Taxis Act (Northern Ireland) 2008 is amended as follows.

46

(1) Section 2 (operator's licences) is amended as follows.

(2) In subsection (4) for the “and” at the end of paragraph (a) substitute—

(aa) if the applicant is an individual, the applicant is not disqualified by reason of the applicant's immigration status from operating a taxi service; and

(3) After subsection (4) insert—

(4A) In determining for the purposes of subsection (4) whether an applicant is disqualified by reason of the applicant's immigration status from operating a taxi service, the Department must have regard to any guidance issued by the Secretary of State.

(4) In subsection (7) for “An” substitute “ Subject to section 2A, an ”.

47

After section 2 insert—

(2A) (1) Subsection (2) applies if— (a) an operator's licence 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 granted would have ended after the end of the leave period. (2) The licence must be granted for a period which ends at or before the end of the leave period. (3) Subsection (4) applies if— (a) an operator's licence 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 licence must be granted for a period which does not exceed six months. (5) An operator's licence 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 taxi service. (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 it to the Department. (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 Department. (8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence.

48

(1) Section 23 (taxi driver's licences) is amended as follows.

(2) In subsection (2) after paragraph (a) insert—

(aa) the applicant is not disqualified by reason of the applicant's immigration status from driving a taxi;

(3) After subsection (2) insert—

(2A) In determining for the purposes of subsection (2) whether an applicant is disqualified by reason of the applicant's immigration status from driving a taxi, the Department must have regard to any guidance issued by the Secretary of State.

(4) In subsection (8) for “A” substitute “ Subject to section 23A, a ”.

49

After section 23 insert—

(23A) (1) Subsection (2) applies if— (a) a taxi driver's licence 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 granted would have ended after the end of the leave period. (2) The licence must be granted for a period which ends at or before the end of the leave period. (3) Subsection (4) applies if— (a) a taxi driver's licence 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 licence must be granted for a period which does not exceed six months. (5) A taxi driver's licence 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 taxi. (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 the Department— (a) the licence, (b) the person's driver's badge, and (c) any other evidence of identification which the Department has issued under section 24. (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 the Department— (a) the licence, (b) the person's driver's badge, and (c) any other evidence of identification which the Department has issued under section 24. (8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence.

50

(1) Section 26 (power to suspend, revoke or curtail licences) is amended as follows.

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

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

(3) After subsection (2) insert—

(2A) Subsection (2)(aa) does not apply if— (a) in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (SI 1978/1908 (NI 27)), or (b) in a case where the licence holder 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) In subsection (6) before the “or” at the end of paragraph (a) insert—

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

(5) After subsection (6) insert—

(7) Subsection (6)(aa) does not apply if— (a) in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (SI 1978/1908 (NI 27)), or (b) in a case where the licence holder 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.

51

In section 32 (return of licences etc) after subsection (5) insert—

(5A) Subsection (4) does not apply if the licence was granted in accordance with section 2A(2) or (4) or 23A(2) or (4) (but see sections 2A(6) and 23A(6)).

52

In section 34 (appeals) after subsection (5) insert—

(6) On any appeal, 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.

53

After section 56 insert—

(56A) (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 Part 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) operates a taxi service, or (b) drives a taxi. (56B) (1) In this Act “immigration offence” means— (a) an offence under any of the Immigration Acts, (b) an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (SI 1983/1120 (NI 13)) of attempting to commit an offence within paragraph (a), or (c) an offence under Article 9 of that Order of conspiracy to commit an offence within paragraph (a). (2) In subsection (1)(a)— (a) “the Immigration Acts” has the meaning given by section 61(2) of the UK Borders Act 2007, and (b) the reference to an offence under any of the Immigration Acts includes an offence under section 133(5) of the Criminal Justice and Immigration Act 2008 (breach of condition imposed on designated person). (3) 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”). (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 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. (5) 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. (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 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. (7) 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.

Transitional provision

54

(1) 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.

(2) Sub-paragraph (1) does not prevent an amendment made by any of those paragraphs from applying in relation to—

(a) an application for the renewal of a licence where that licence was granted before the coming into force of that paragraph, or

(b) a licence renewed in response to such an application.

55

(1) 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.

(2) 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.

(3) 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.

56

(1) 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—

(ab) in the case of a refusal to renew a licence, that he is disqualified by reason of his immigration status from driving a hackney carriage or a private hire vehicle;

(2) 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) ”.

(3) 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—

(cb) in the case of a refusal to renew a licence, that the operator is disqualified by reason of the operator's immigration status from operating a private hire vehicle;

(4) 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) ”.

(5) 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—

(ab) in the case of a refusal to renew a licence, that he is disqualified by reason of his immigration status from driving a hackney carriage or a private hire vehicle;

(6) 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) ”.

(7) 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—

(cb) in the case of a refusal to renew a licence, that the operator is disqualified by reason of the operator's immigration status from operating a private hire vehicle;

(8) 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) ”.

(9) 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.

SCHEDULE 6

Illegal working closure notices

1

(1) 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.

(2) An illegal working closure notice is a notice which prohibits, for a period specified in the notice—

(a) access to the premises other than by a person who habitually lives on the premises, except where authorised in writing by an immigration officer;

(b) paid or voluntary work being performed on the premises, except where so authorised.

(3) 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—

(a) who has not been granted leave to enter or remain in the United Kingdom, or

(b) whose leave to enter or remain in the United Kingdom—

(i) is invalid,

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

(iii) is subject to a condition preventing the person from accepting the employment.

(4) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10—

(a) the person is to be treated for the purposes of sub-paragraph (3) 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.

(5) A person falling within sub-paragraph (3) is referred to in this Schedule as an “illegal worker”.

(6) The condition in this sub-paragraph is that the employer, or a connected person in relation to the employer—

(a) has been convicted of an offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”),

(b) has, during the period of three years ending with the date on which the illegal working closure notice is issued, been required to pay a penalty under section 15 of the 2006 Act, or

(7) 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)).

(8) For the purposes of sub-paragraph (6)(b) and (c)—

(a) 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 the penalty if—

(i) the person is excused payment by virtue of section 15(3) of that Act, or

(ii) the penalty is cancelled by virtue of section 16 or 17 of that Act;

(b) a person to whom such a notice has been given is not to be treated as having been required to pay the penalty until such time as—

(i) the period for giving a notice of objection under section 16 of the 2006 Act has expired and the Secretary of State has considered any notice given within that period, and

(ii) 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.

(9) For the purposes of sub-paragraph (6), a person is a connected person in relation to an employer if—

(a) where the employer is a body corporate, the person is—

(i) a director, manager or secretary of the body corporate,

(ii) purporting to act as a director, manager or secretary of the body corporate, or

(iii) if the affairs of the body corporate are managed by its members, a member of the body corporate;

(b) where the employer is a partnership (whether or not a limited partnership), the person is a partner or purporting to act as a partner;

(i) a body corporate of which the individual has at any time been a director, manager or secretary,

(ii) a body corporate in relation to which the individual has at any time purported to act as a director, manager or secretary,

(iii) a body corporate whose affairs are managed by its members and the individual has at any time been a member of the body corporate,

(iv) a partnership (whether or not a limited partnership) in which the individual has at any time been a partner or in relation to which the individual has at any time purported to act as a partner.

(10) 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.

(11) An illegal working closure notice may be issued only if reasonable efforts have been made to inform—

(a) people who live on the premises (whether habitually or not), and

(b) any person who has an interest in the premises,

that the notice is going to be issued.

(12) Before issuing an illegal working closure notice the immigration officer must ensure that any person the officer thinks appropriate has been consulted.

(13) The Secretary of State may by regulations amend sub-paragraph (1) to change the rank specified in that sub-paragraph.

2

(1) An illegal working closure notice must—

(a) identify the premises;

(b) explain the effect of the notice;

(d) state that an application will be made under paragraph 5 for an illegal working compliance order;

(e) specify when and where the application will be heard;

(f) explain the effect of an illegal working compliance order.

(2) The maximum period that may be specified in an illegal working closure notice is 24 hours unless sub-paragraph (3) applies.

(3) The maximum period is 48 hours if the notice is issued by an immigration officer of at least the rank of immigration inspector.

(4) In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.

(5) 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.

(6) An extension notice is a notice which—

(a) identifies the illegal working closure notice to which it relates, and

(b) specifies the period of the extension.

(7) The Secretary of State may by regulations amend sub-paragraph (3) or sub-paragraph (5) to change the rank specified in that sub-paragraph.

Cancellation of illegal working closure notices

3

(1) An immigration officer may by the issue of a cancellation notice cancel an illegal working closure notice if—

(a) the immigration officer considers that the condition in paragraph 1(3) or (6) is not met, or

(b) 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.

(2) A cancellation notice may be issued only—

(a) by an immigration officer of at least the rank of the immigration officer who issued the illegal working closure notice, or

(b) where the illegal working closure notice has been extended by an extension notice, by an immigration officer of at least the rank of the immigration officer who issued the extension notice.

Service of notices

4

(1) A notice under paragraph 1, 2 or 3 must be served by an immigration officer.

(2) The immigration officer must if possible—

(a) fix a copy of the notice to at least one prominent place on the premises,

(b) fix a copy of the notice to each normal means of access to the premises,

(c) fix a copy of the notice to any outbuildings that appear to the immigration officer to be used with or as part of the premises,

(d) give a copy of the notice to at least one person who appears to the immigration officer to have control of or responsibility for the premises,

(e) give a copy of the notice to the people who live on the premises and to any person who does not live there but was informed (under paragraph 1(11)) that the notice was going to be issued.

(3) 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.

(4) The immigration officer may enter any premises, using reasonable force if necessary, for the purposes of complying with sub-paragraph (2)(a).

Illegal working compliance orders

5

(1) 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).

(2) An application for an illegal working compliance order must be made by an immigration officer.

(3) The application must be heard by the court not later than 48 hours after service of the illegal working closure notice.

(4) In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.

(5) The court may make an illegal working compliance order in respect of premises if it is satisfied, on the balance of probabilities—

(a) that the conditions in paragraph 1(3) and (6) are met, and

(b) that it is necessary to make the illegal working compliance order to prevent an employer operating at the premises from employing an illegal worker.

(6) An illegal working compliance order may—

(a) prohibit or restrict access to the premises;

(b) require a person specified in the order to carry out, at such times as may be so specified, such checks relating to the right to work as may be prescribed by the Secretary of State in regulations;

(c) require a person specified in the order to produce to an immigration officer, at such times and such places as may be so specified, such documents relating to the right to work as may be prescribed by the Secretary of State in regulations;

(d) specify the times at which and the circumstances in which an immigration officer may enter the premises to carry out such investigations or inspections as may be specified in the order;

(e) make such other provision as the court considers appropriate.

(7) Different provisions in an illegal working compliance order may have effect for different periods.

(8) The maximum period for which an illegal working compliance order or any provision in it may have effect is 12 months.

(9) Provision included in an illegal working compliance order which prohibits or restricts access may make such provision—

(a) in relation to all persons, all persons except those specified, or all persons except those of a specified description;

(b) having effect at all times, or at all times except those specified;

(10) An illegal working compliance order, or any provision of it, may—

(a) be made in respect of the whole or any part of the premises;

(b) include provision about access to a part of the building or structure of which the premises form part.

(11) 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.

Illegal working compliance orders: adjournment of hearing

6

(1) This paragraph applies where an application has been made under paragraph 5 for an illegal working compliance order.

(2) 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.

(3) 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.

Extension of illegal working compliance orders

7

(1) 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.

(2) 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.

(3) Where an application is made under this section, the court may issue a summons directed to—

(a) any person on whom the illegal working closure notice was served under paragraph 4, or

(b) any other person who appears to the court to have an interest in the premises,

requiring the person to appear before the court to respond to the application.

(4) 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.

(5) No application may be granted under this paragraph such that an illegal working compliance order, or any provision in it—

(a) is extended for a period exceeding 6 months, or

(b) is in force for a period exceeding 24 months in total.

Variation or discharge of illegal working compliance orders

8

(1) An application may be made to the court under this paragraph—

(a) by an immigration officer for an illegal working compliance order to be varied or discharged,

(b) by a person on whom the illegal working closure notice was served under paragraph 4, or by any other person who has an interest in the premises, for an illegal working compliance order to be varied or discharged.

(2) Where an application is made under this paragraph, the court may issue a summons directed to—

(a) an immigration officer,

(b) any person on whom the illegal working closure notice was served under paragraph 4, or

requiring the person to appear before the court to respond to the application.

(3) 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.

(4) 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.

Notice and orders: appeals

9

(1) An appeal against a decision—

(a) to make, extend or vary an illegal working compliance order;

(b) not to discharge an illegal working compliance order;

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.

(2) An appeal against a decision—

(a) not to make an illegal working compliance order;

(b) not to extend a provision of an illegal working compliance order, or not to vary such an order, made on the application of an immigration officer;

(d) not to order that an illegal working closure notice continues in force,

may be made by an immigration officer.

(3) An appeal under this paragraph—

(a) if it is in relation to premises in England and Wales or Northern Ireland, is to the Crown Court,

(b) if it is in relation to premises in Scotland, is to the sheriff appeal court.

(4) 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.

(5) On an appeal under this paragraph the court may make whatever order it thinks appropriate.

(6) 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.

Notices and orders: enforcement

10

(1) 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.

(2) A person acting under sub-paragraph (1) may use reasonable force.

(3) 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.

Notices and orders: offences

11

(1) A person who without reasonable excuse remains on or enters premises in contravention of an illegal working closure notice commits an offence.

(2) A person who without reasonable excuse contravenes an illegal working compliance order commits an offence.

(3) A person who without reasonable excuse obstructs a person acting under paragraph 4 or paragraph 10 commits an offence.

(4) A person guilty of an offence under this paragraph is liable on summary conviction—

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

(b) in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both;

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

(5) 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.

Access to other premises

12

(1) Where—

(a) access to premises is prohibited or restricted by a provision of an illegal working compliance order,

(b) those premises are part of a building or structure, and

an occupier or owner of that other part may apply to the court for an order under this paragraph.

(2) Notice of an application under this paragraph must be given to—

(a) whatever immigration officer the court thinks appropriate;

(b) each person on whom the illegal working closure notice was served under paragraph 4,

(3) 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).

(4) For the purposes of sub-paragraph (3), it does not matter whether provision has been made under paragraph 5(10)(b).

Reimbursement of costs

13

(1) 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.

(2) 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).

(3) 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.

(4) An order under this paragraph may be made only against a person who has been served with the application for the order.

Exemption from liability

14

(1) Each of the following—

(a) the Secretary of State,

(b) an immigration officer,

(d) the chief officer of police under whose direction or control a police officer acts,

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.

(2) Sub-paragraph (1) does not apply to an act or omission shown to have been in bad faith.

(3) 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.

(4) This paragraph does not affect any other exemption from liability (whether at common law or otherwise).

Compensation

15

(1) 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.

(2) 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.

(3) On an application under this paragraph the court may order the payment of compensation out of money provided by Parliament if it is satisfied—

(a) that at the time the notice was issued, the condition in paragraph 1(3) or (6) was not met;

(b) that the applicant has incurred financial loss in consequence of the notice; and

(c) that having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.

Guidance

16

(1) The Secretary of State may issue guidance about the exercise of functions under this Schedule.

(2) The Secretary of State may revise any guidance issued under this paragraph.

(3) Before issuing or revising guidance under this paragraph the Secretary of State must consult—

(a) persons whom the Secretary of State considers to represent the views of immigration officers and of chief officers of police, and

(b) such other persons as the Secretary of State considers appropriate.

(4) The Secretary of State must arrange for any guidance issued or revised under this paragraph to be published.

Interpretation

17

(1) In this Schedule—

“court”, except where the context otherwise requires, means—in relation to premises in England and Wales or Northern Ireland, the magistrates' court;in relation to premises in Scotland, the sheriff court;

“owner” in relation to premises, means—a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion;a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of not less than 3 years;

“person who has an interest”, in relation to premises, includes—the owner;any person with control of or responsibility for the premises;any person who otherwise occupies the premises;

“premises” includes—any land, vehicle, vessel or other place (whether enclosed or not);any outbuildings that are, or are used as, part of premises;

“premises licence” has the meaning given by section 11 of the Licensing Act 2003;

“relevant licensing authority” has the meaning given by section 12 of that Act.

(2) In this Schedule—

(a) a reference to employment is to employment under a contract of service or apprenticeship, whether express or implied and whether oral or written;

(b) 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.

Amendment of Licensing Act 2003

18

After section 167(1) of the Licensing Act 2003 insert—

(1A) This section also applies where a court has made an illegal working compliance order under Schedule 6 to the Immigration Act 2016 and the relevant licensing authority has accordingly received a notice under that Schedule.

SCHEDULE 7

1

The Immigration Act 2014 is amended as follows.

2

After section 40 (prohibition on opening current accounts for disqualified persons) insert—

(40A) (1) A bank or building society must, at such times or with such frequency as is specified in regulations made by the Treasury, carry out an immigration check in relation to each current account held with it that is not an excluded account. (2) For the purposes of this section carrying out an “immigration check” in relation to a current account means checking whether, according to information supplied by the Secretary of State to a specified anti-fraud organisation or a specified data-matching authority, the account is operated by or for a disqualified person. (3) A “disqualified person” is a person— (a) who is in the United Kingdom, (b) who requires leave to enter or remain in the United Kingdom but does not have it, and (c) for whom the Secretary of State considers that a current account should not be provided by a bank or building society. (4) A current account is an excluded account for the purposes of subsection (1) if the account is operated by or for a person or body of a description specified in regulations made by the Treasury. (5) An account is operated by or for a person or body if the person or body is an account holder or a signatory or identified as a beneficiary in relation to the account. (6) A bank or building society must— (a) make arrangements with a specified anti-fraud organisation or a specified data-matching authority for the purpose of enabling the bank or building society to carry out immigration checks in relation to current accounts, and (b) pay any reasonable fee required to be paid under those arrangements. (7) In this section “specified anti-fraud organisation” and “specified data-matching authority” have the same meaning as in section 40(3)(a). (40B) (1) This section applies where, as a result of an immigration check carried out under section 40A, a bank or building society identifies a current account that is operated by or for a person who the bank or building society believes to be a disqualified person. (2) Where this section applies, the bank or building society (as the case may be) must as soon as reasonably practicable— (a) notify the Secretary of State that a current account held with it is operated by or for a person who it believes to be a disqualified person, and (b) provide the Secretary of State with such other information as may be prescribed. (3) A notification made, or information provided, under subsection (2) must be made or provided in the prescribed form and manner. (4) In subsections (2) and (3) “prescribed” means prescribed in regulations made by the Treasury. (5) Regulations under subsection (2) may (in particular) require the provision of information relating to any accounts held with the bank or building society that are operated by or for the person who is believed to be a disqualified person. (40C) (1) Where the Secretary of State receives a notification from a bank or building society under section 40B(2) in relation to a person, the Secretary of State must check whether the person is a disqualified person. (2) If the Secretary of State determines that the person is a disqualified person, the Secretary of State may apply under section 40D for a freezing order in respect of one or more of the accounts held with the bank or building society that are operated by or for the disqualified person. (3) If the Secretary of State decides not to apply for a freezing order under subsection (2), or decides to apply for a freezing order in respect of one or more but not all of the accounts held with the bank or building society that are operated by or for the disqualified person, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2) in relation to the disqualified person. (4) A notification made under subsection (3) must contain the prescribed information and be made in the prescribed form and manner. (5) In subsection (4) “prescribed” means prescribed in regulations made by the Treasury. (6) If the Secretary of State determines that the person is not a disqualified person, the Secretary of State must notify the bank or building society accordingly. (40D) (1) On an application by the Secretary of State under section 40C(2), the court may make a freezing order in respect of any account specified in the application. (2) A freezing order in respect of an account is an order that prohibits each person and body by or for whom the account is operated from making withdrawals or payments from the account. (3) A freezing order may be made subject to exceptions. (4) An exception may (in particular)— (a) make provision for the disqualified person to meet his or her reasonable living expenses and reasonable legal expenses; (b) allow another person or body by or for whom the account is operated to make withdrawals or payments from the account. (5) An application for a freezing order may be made without notice. (6) The court may vary or discharge a freezing order made in respect of an account (whether made under this section or on an appeal under section 40E) on an application made by— (a) the Secretary of State, or (b) a person or body by or for whom the account is operated. (7) If the Secretary of State applies for a freezing order in respect of an account and the order is not made, or the order is made but subsequently discharged, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2) in relation to the disqualified person. (8) A notification made under subsection (7) must contain the information and be in the form and manner prescribed in regulations made under subsection (4) of section 40C for the purposes of subsection (3) of that section. (9) In this section— - “the court” means— 1. in England and Wales, a magistrates' court; 2. in Scotland, the sheriff; 3. in Northern Ireland, a court of summary jurisdiction; - “the disqualified person” means the person who, following a check under section 40C(1), was determined to be a disqualified person, resulting in the application for the freezing order. (40E) (1) An appeal may be made to the relevant appeal court against a decision of a court under section 40D. (2) The right of appeal under subsection (1) is exercisable by— (a) the Secretary of State, and (b) if the decision relates to a freezing order that is in force in respect of an account, a person or body by or for whom the account is operated. (3) On an appeal under this section the relevant appeal court may make— (a) whatever orders are necessary to give effect to its determination of the appeal; (b) whatever incidental or consequential orders appear to it to be just. (4) In this section “the relevant appeal court” means— (a) the Crown Court, where the decision appealed against is a decision of a magistrates' court; (b) the Sheriff Appeal Court, where the decision appealed against is a decision of the sheriff; (c) a county court, where the decision appealed against is a decision of a court of summary jurisdiction. (40F) (1) The Secretary of State must issue a code of practice— (a) specifying the factors that the Secretary of State will consider when deciding whether to apply for a freezing order under section 40C(2), (b) outlining the arrangements for keeping a freezing order under review for the purpose of deciding whether to apply under section 40D(6) for its variation or discharge, and (c) specifying the factors that the Secretary of State will consider when deciding whether to make such an application. (2) The Secretary of State must from time to time review the code and may revise and re-issue it following a review. (3) The code (or revised code)— (a) may not be issued unless a draft has been laid before Parliament, and (b) comes into force in accordance with provision contained in regulations made by the Secretary of State. (40G) (1) This section applies where— (a) a bank or building society makes a notification under section 40B(2) in relation to a person, (b) the person is determined by the Secretary of State (following a check under section 40C(1)) to be a disqualified person, and (c) the bank or building society receives a notification under section 40C(3) or 40D(7) in relation to the disqualified person. (2) Where this section applies the bank or building society must as soon as reasonably practicable close each account held with it that— (a) in the case of a notification under section 40C(3), is operated by or for the disqualified person and is not the subject of an application for a freezing order; (b) in the case of a notification under section 40D(7), is operated by or for the disqualified person and in respect of which a freezing order is not in force. (3) The bank or building society may delay closing an account which it would otherwise be required to close under subsection (2) if at the time at which it would otherwise be required to close it— (a) the account is overdrawn, or (b) where the account is operated by or for the disqualified person and one or more bodies or other persons, the bank or building society considers that closing the account would significantly adversely affect the interests of any of those other bodies or persons. (4) Where subsection (3) applies, closure of the account may be delayed for such period as is reasonable (but not indefinitely). (5) If an account falling within subsection (2) is operated by or for the disqualified person and one or more bodies or other persons, the bank or building society is to be treated as having complied with that subsection in relation to that account if, as soon as reasonably practicable, it takes all such steps as are necessary to prevent the account from being operated by or for the disqualified person (instead of closing the account). (6) Where the bank or building society closes an account in compliance with this section, it must tell each person or body by or for whom the account is operated, if it may lawfully do so, why it has closed the account. (7) Where the bank or building society prevents an account from being operated by or for the disqualified person by virtue of subsection (5), it must tell each person or body by or for whom the account is operated, if it may lawfully do so, why it has prevented the account from being operated by or for the disqualified person. (8) The bank or building society must provide the Secretary of State with information about the steps that it has taken to comply with this section. (9) Information provided under subsection (8) must be provided in the prescribed form and manner and at the prescribed times or with the prescribed frequency. (10) In subsection (9) “prescribed” means prescribed in regulations made by the Treasury. (40H) (1) This section applies for the purposes of sections 40A to 40G. (2) “Account” includes a financial product by means of which a payment may be made. (3) “Freezing order” has the meaning given by section 40D(2). (4) “Disqualified person” has the meaning given by section 40A(3). (5) References to an account being operated by or for a person or body are to be read in accordance with section 40A(5).

3

(1) Section 41 (regulation by Financial Conduct Authority) is amended as follows.

(2) In subsection (1), at the end insert “ and the requirements imposed on them by sections 40A, 40B and 40G ”.

(3) In subsection (2)(a), at the end insert “ or immigration checks under section 40A ”.

4

In section 42 (meaning of “bank” and “building society”), in subsections (1) and (5), for “and 41” substitute “ to 41 ”.

5

(1) Section 43 (power to amend) is amended as follows.

(2) In subsection (1)(b), after “40(1)” insert “ or the requirement in section 40A(1) ”.

(3) In subsection (1)(c), for “that section” substitute “ section 40 or 40A ”.

6

In section 74 (orders and regulations), in subsection (2) (statutory instruments to which the affirmative resolution procedure applies), after paragraph (b) insert—

(ba) regulations under section 40A(4); (bb) regulations under section 40B;

7

(1) Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of UK judgments in other parts of UK) is amended as follows.

(2) In subsection (3), for “subsection (4)” substitute “ subsections (4) and (4ZA) ”.

(3) After subsection (4) insert—

(4ZA) This section applies to a freezing order made under section 40D of the Immigration Act 2014 by a magistrates' court in England and Wales or a court of summary jurisdiction in Northern Ireland.

SCHEDULE 8

Immigration Act 1971 (c. 77)

1

The Immigration Act 1971 is amended as follows.

2

(1) Section 28D (entry and search of premises) is amended as follows.

(2) In subsection (1)—

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