Session 2015-16
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Public Bill Committee: 17 November 2015                  

8

 

Immigration Bill, continued

 
 

New Schedules

 

James Brokenshire

 

NS1

 

To move the following Schedule—

 

 

“Private hire vehicles etc

 

Metropolitan Public Carriage Act 1869 (c. 115)

 

1          

The Metropolitan Public Carriage Act 1869 is amended as follows.

 

2          

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”.

 

3          

After section 8 insert—

 

“8A    

Drivers’ licences for persons subject to immigration control

 

(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 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.


 
 

Public Bill Committee: 17 November 2015                  

9

 

Immigration Bill, continued

 
 

(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)    

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 individual

 

from driving a hackney carriage.

 

(9)    

Where a person is on immigration bail within the meaning of Part 1 of

 

Schedule 5 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.

 

(10)    

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.”

 

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

 

4          

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

 

follows.

 

5    (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.”

 

6          

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


 
 

Public Bill Committee: 17 November 2015                  

10

 

Immigration Bill, continued

 
 

(b)    

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

 

7          

After section 53 insert—

 

“53A  

Drivers’ licences for persons subject to immigration control

 

(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 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.

 

(8)    

A person who, without reasonable excuse, contravenes subsection (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.”

 

8    (1)  

Section 55 (licensing of operators of private hire vehicles) is amended as

 

follows.

 

      (2)  

In subsection (1)—

 

(a)    

after “satisfied” insert “—(a)”, and


 
 

Public Bill Committee: 17 November 2015                  

11

 

Immigration Bill, continued

 
 

(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”.

 

9          

After section 55 insert—

 

“55ZA

Operators’ licences for persons subject to immigration control

 

(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 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.

 

(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


 
 

Public Bill Committee: 17 November 2015                  

12

 

Immigration Bill, continued

 
 

(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  (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.”

 

11         

In section 61(1) (suspension and revocation of drivers’ licences) 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;”.

 

12         

In section 62(1) (suspension and revocation of operators’ licences) 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;”.

 

13         

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.”

 

14         

After section 79 insert—

 

“79A  

Persons disqualified by reason of immigration status

 

(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 individual

 

from carrying on the licensable activity.


 
 

Public Bill Committee: 17 November 2015                  

13

 

Immigration Bill, continued

 
 

(2)    

Where a person is on immigration bail within the meaning of Part 1 of

 

Schedule 5 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    

Immigration offences and immigration penalties

 

(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—


 
 

Public Bill Committee: 17 November 2015                  

14

 

Immigration Bill, continued

 
 

(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.”

 

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

 

15         

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

 

16         

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.”

 

17  (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”.

 

18         

After section 3 insert—

 

“3A    

London PHV operator’s licences for persons subject to immigration

 

control

 

(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.


 
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