Immigration Bill (HC Bill 74)

2003 the reference in subsection (1)(b) to 12 months is to be read as a
reference to 6 months.

(3) If an offence under section 33A or 33B is committed by a body corporate
with the consent or connivance of an officer of the body, the officer, as
5well as the body, is to be treated as having committed the offence.

(4) In subsection (3) a reference to an officer of a body includes a reference
to—

(a) a director, manager or secretary,

(b) a person purporting to act as a director, manager or secretary,
10and

(c) if the affairs of the body are managed by its members, a
member.

(5) Where an offence under section 33A or 33B is committed by a
partnership (whether or not a limited partnership) subsection (3) has
15effect, but as if a reference to an officer of the body were a reference to—

(a) a partner, and

(b) a person purporting to act as a partner.

(6) An offence under section 33A or 33B is to be treated as—

(a) a relevant offence for the purposes of sections 28B and 28D of
20the Immigration Act 1971 (search, entry and arrest), and

(b) an offence under Part 3 of that Act (criminal proceedings) for
the purposes of sections 28E, 28G and 28H of that Act (search
after arrest).””

(3) In section 35 (transitional provision) after subsection (3) insert—

“(4) 25References in this section to this Chapter do not include sections 33A to
33C (offences: landlords and agents).

(5) Sections 33A to 33C apply in relation to a residential tenancy agreement
entered into before or after the coming into force of section 12 of the
Immigration Act 2016 (which inserted those sections into this Act).

(6) 30But sections 33A(7) and (8) and section 33B apply only in relation to a
contravention of section 22 which occurs after the coming into force of
section 12 of the Immigration Act 2016.””

(4) In section 36 (Crown application) at the end insert “or the landlord for the
purposes of section 33A.”

(5) 35In section 37(4)(a) (provisions in which references to the landlord are to any of
them)—

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

(b) at the end of sub-paragraph (iii) insert “, and

(iv) section 33A,”.”

(6) 40In section 28A of the Immigration Act 1971 (arrest without warrant)—

(a) after subsection (9B) insert—

“(9C) An immigration officer may arrest without warrant a person
who, or whom the immigration officer has reasonable grounds
for suspecting—

(a) has committed or attempted to commit an offence under
section 33A or 33B of the Immigration Act 2014 (offences
relating to residential tenancies), or

(b) is committing or attempting to commit that offence.”,”

(b) 5in subsection (10) for “and (9B)” substitute “, (9B) and (9C)”, and

(c) in subsection (11) for “and (9B)” substitute “, (9B) and (9C)”.

13 Eviction

(1) The Immigration Act 2014 is amended in accordance with subsections (2) and
(3).

(2) 10After section 33C (inserted by section 12) insert—

““Eviction

33D Termination of agreement where all occupiers disqualified

(1) The landlord under a residential tenancy agreement relating to
premises in England may terminate the agreement in accordance with
this section if the condition in subsection (2) is met.

(2) 15The condition is that the Secretary of State has given one or more
notices in writing to the landlord which, taken together,—

(a) identify the occupier of the premises or (if there is more than
one occupier) all of them, and

(b) state that the occupier or occupiers are disqualified as a result of
20their immigration status from occupying premises under a
residential tenancy agreement.

(3) The landlord may terminate the residential tenancy agreement by
giving notice in writing to the tenant or, in the case of a joint tenancy,
all of the tenants specifying the date on which the agreement comes to
25an end.

(4) That date must not be earlier than the end of the period of 28 days
beginning with the day specified in the notice as the day on which it is
given.

(5) The notice is to be treated as a notice to quit in a case where a notice to
30quit would otherwise be required to bring the residential tenancy
agreement to an end.

(6) The notice is enforceable as if it were an order of the High Court.

(7) In this section “occupier”, in relation to premises to which a residential
tenancy agreement applies, means—

(a) 35a tenant,

(b) an adult who, under the agreement, otherwise has the right to
occupy the premises and is named in the agreement, and

(c) a person who is otherwise occupying the premises and of whom
the landlord is aware or would be aware if the landlord made
40reasonable enquiries.

33E Other procedures for ending agreement

(1) It is an implied term of a residential tenancy agreement to which this
subsection applies that the landlord may terminate the tenancy if the
premises to which it relates are occupied by an adult who is
5disqualified as a result of their immigration status from occupying
premises under a residential tenancy agreement.

(2) Subsection (1) applies to a residential tenancy agreement relating to
premises in England if—

(a) it is a tenancy or sub-tenancy or an agreement for a tenancy or
10sub-tenancy, but

(b) it is not a protected or statutory tenancy within the meaning of
the Rent Act 1977 or an assured tenancy within the meaning of
the Housing Act 1988.

(3) For provision relating to a residential tenancy agreement which is a
15protected or statutory tenancy where a tenant or occupier is
disqualified as a result of their immigration status from occupying
premises under a residential tenancy agreement, see Case 10A in Part 1
of Schedule 15 to the Rent Act 1977.

(4) For provision relating to a residential tenancy agreement which is an
20assured tenancy where a tenant or occupier is disqualified as a result of
their immigration status from occupying premises under a residential
tenancy agreement, see Ground 7B in Part 1 of Schedule 2 to the
Housing Act 1988.””

(3) In section 35 (transitional provision) after subsection (6) (inserted by section
2512(3)) insert—

“(7) Sections 33D and 33E apply in relation to a residential tenancy
agreement entered into before or after the coming into force of section
13 of the Immigration Act 2016 (which inserted those sections into this
Act).””

(4) 30In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and
licences) after subsection (7C) insert—

“(7D) A tenancy or licence is excluded if—

(a) it is a residential tenancy agreement within the meaning of
Chapter 1 of Part 3 of the Immigration Act 2014, and

(b) 35the condition in section 33D(2) of that Act is met in relation to
that agreement.””

(5) In section 5 of the Housing Act 1988 (security of tenure)—

(a) in subsection (1) omit the “or” at the end of paragraph (b) and at the end
of paragraph (c) insert “, or

(d) 40in the case of an assured tenancy—

(i) which is a residential tenancy agreement within
the meaning of Chapter 1 of Part 3 of the
Immigration Act 2014, and

(ii) in relation to which the condition in section
4533D(2) of that Act is met,

giving a notice in accordance with that section,”, and”

(b) in subsection (2) omit the “or” at the end of paragraph (a) and at the end

of paragraph (b) insert “, or

(c) the giving of a notice under section 33D of the
Immigration Act 2014,”.”

14 Order for possession of dwelling-house

(1) 5The Housing Act 1988 is amended in accordance with subsections (2) to (5).

(2) In Part 1 of Schedule 2 (assured tenancies: grounds on which court must order
possession) after Ground 7A insert—

““Ground 7B

Both of the following conditions are met in relation to a dwelling-
house in England.

10Condition 1 is that the Secretary of State has given a notice in writing
to the landlord which identifies—

(a) the tenant or, in the case of joint tenants, one or more of them,
or

(b) one or more other persons aged 18 or over who are occupying
15the dwelling-house,

as a person or persons disqualified as a result of their immigration
status from occupying the dwelling-house under the tenancy.

Condition 2 is that the person or persons named in the notice—

(a) fall within paragraph (a) or (b) of condition 1, and

(b) 20are disqualified as a result of their immigration status from
occupying the dwelling-house under the tenancy.

For the purposes of this ground a person (“P”) is disqualified as a
result of their immigration status from occupying the dwelling-
house under the tenancy if—

(a) 25P is not a relevant national, and

(b) P does not have a right to rent in relation to the dwelling-
house.

P does not have a right to rent in relation to the dwelling-house if—

(a) P requires leave to enter or remain in the United Kingdom
30but does not have it, or

(b) P’s leave to enter or remain in the United Kingdom is subject
to a condition preventing P from occupying the dwelling-
house.

But P is to be treated as having a right to rent in relation to a
35dwelling-house if the Secretary of State has granted P permission for
the purposes of this ground to occupy a dwelling-house under an
assured tenancy.

In this ground “relevant national” means—

(a) a British citizen,

(b) 40a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.””

(3) In section 7 (orders for possession)—

(a) in subsection (3) after “subsections (5A) and (6)” insert “and section
10A”,

(b) in subsection (5A)(a) for “and 7A” substitute “, 7A and 7B”,

(c) in subsection (6)(a) after “Ground 7A” insert “, Ground 7B”, and

(d) 5after subsection (6A) insert—

“(6B) The requirement in subsection (6)(b) that would otherwise
apply to an order for possession of a dwelling-house let on an
assured fixed term tenancy does not apply where the ground
for possession is Ground 7B in Part 1 of Schedule 2 to this Act.””

(4) 10In section 8(5) (cases where court may not dispense with notice of proceedings
for possession) after “Ground 7A” insert “, 7B”.

(5) After section 10 insert—

“10A Power to order transfer of tenancy in certain cases

(1) This section applies on an application for an order for possession of a
15dwelling-house let on an assured tenancy if the court is satisfied that—

(a) Ground 7B in Schedule 2 is established,

(b) no other ground in that Schedule is established, or one or more
grounds in Part 2 of that Schedule are established but it is not
reasonable to make an order for possession on that ground or
20those grounds,

(c) the tenancy is a joint tenancy, and

(d) one or more of the tenants is a qualifying tenant.

(2) In subsection (1)(d) “qualifying tenant” means a person who (within
the meaning of ground 7B) is not disqualified as a result of the person’s
25immigration status from occupying the dwelling-house under the
tenancy.

(3) The court may, instead of making an order for possession, order that
the tenant’s interest under the tenancy is to be transferred so that it is
held—

(a) 30if there is one qualifying tenant, by the qualifying tenant as sole
tenant, or

(b) if there is more than one qualifying tenant, by all of them as joint
tenants.

(4) The effect of an order under this section is that, from the time the order
35takes effect, the qualifying tenant or tenants—

(a) are entitled to performance of the landlord’s covenants under
the tenancy, and

(b) are liable to perform the tenant’s covenants under the tenancy.

(5) The effect of an order under this section is that, from the time it takes
40effect, any other person who was a tenant under the tenancy before the
order took effect—

(a) ceases to be entitled to performance of the landlord’s covenants
under the tenancy, or

(b) ceases to be liable to perform the tenant’s covenants under the
45tenancy.

(6) Subsection (5) does not remove any right or liability of the person
which accrued before the order took effect.

(7) An order under this section does not operate to create a new tenancy as
between the landlord and the qualifying tenant or tenants.

(8) 5In particular, if the tenancy is a fixed term tenancy, the term comes to
an end at the same time as if the order had not been made.””

(6) In Part 1 of Schedule 15 to the Rent Act 1977 (grounds for possession of
dwelling-houses let on or subject to protected or statutory tenancies) after Case
10 insert—

““Case 10A

10Both of the following conditions are met in relation to a dwelling-
house in England.

Condition 1 is that the Secretary of State has given a notice in writing
to the landlord which identifies—

(a) the tenant or, in the case of joint tenants, one or more of them,
15or

(b) one or more other persons aged 18 or over who are occupying
the dwelling-house,

as a person or persons disqualified as a result of their immigration
status from occupying the dwelling-house under the tenancy.

20Condition 2 is that the person or persons named in the notice—

(a) fall within paragraph (a) or (b) of condition 1, and

(b) are disqualified as a result of their immigration status from
occupying the dwelling-house under the tenancy.

For the purposes of this case a person (“P”) is disqualified as a result
25of their immigration status from occupying the dwelling-house
under the tenancy if—

(a) P is not a relevant national, and

(b) P does not have a right to rent in relation to the dwelling-
house.

30P does not have a right to rent in relation to the dwelling-house if—

(a) P requires leave to enter or remain in the United Kingdom
but does not have it, or

(b) P’s leave to enter or remain in the United Kingdom is subject
to a condition preventing P from occupying the dwelling-
35house.

But P is to be treated as having a right to rent in relation to a
dwelling-house if the Secretary of State has granted P permission for
the purposes of this case to occupy a dwelling-house under an
assured tenancy.

40In this case “relevant national” means—

(a) a British citizen,

(b) a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.””

(7) The amendments made by this section apply in relation to a tenancy entered
into before or after the coming into force of this section.

15 Extension to Wales, Scotland and Northern Ireland

(1) The Secretary of State may by regulations make such provision as the Secretary
5of State considers appropriate for enabling any of the residential tenancies
provisions to apply in relation to Wales, Scotland or Northern Ireland.

(2) The Secretary of State may by regulations make provision which—

(a) has a similar effect to any of the residential tenancies provisions, and

(b) applies in relation to Wales, Scotland or Northern Ireland.

(3) 10Regulations under subsection (1) or (2) may—

(a) amend, repeal or revoke any enactment (including an enactment
contained in this Act);

(b) confer functions on any person.

(4) Regulations under subsection (1) or (2) may not confer functions on—

(a) 15the Welsh Ministers,

(b) the Scottish Ministers,

(c) the First Minister and deputy First Minister in Northern Ireland,

(d) a Northern Ireland Minister, or

(e) a Northern Ireland department.

(5) 20In this section—

• “enactment” includes—

  (a)

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

  (b)

  an enactment contained in, or in an instrument made under, an
  25Act or Measure of the National Assembly for Wales;

  (c)

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

  (d)

  an enactment contained in, or in an instrument made under,
  Northern Ireland legislation;

• 30“the residential tenancies provisions” means sections 12 to 14 and the
  amendments made by those sections.

Driving

16 Powers to carry out searches relating to driving licences

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control
35of entry etc) is amended in accordance with subsections (2) and (3).

(2) After paragraph 25C insert—

““Entry of premises to search for driving licence

25CA (1) An authorised officer may exercise the powers in this section if the
officer has reasonable grounds for believing that a person—

(a) 40is in possession of a driving licence, and

(b) is not lawfully resident in the United Kingdom.

(2) The authorised officer may enter and search any premises—

(a) occupied or controlled by the person, or

(b) in which the person was when the person was encountered
by the officer,

5for the driving licence.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the authorised officer has reasonable grounds for
believing that the driving licence is on the premises,

(b) only to the extent that it is reasonably required for the
10purpose of discovering the driving licence, and

(c) unless the authorised officer is a constable, only if a senior
officer has authorised its exercise in writing.

(4) Sub-paragraph (3)(c) does not apply where it is not reasonably
practicable for the authorised officer to obtain the authorisation of a
15senior officer before exercising the power.

(5) An authorised officer who has conducted a search in reliance on sub-
paragraph (4) must inform a senior officer as soon as is practicable.

(6) The senior officer authorising a search, or who is informed of one
under sub-paragraph (5), must make a record in writing of the
20grounds for the search.

(7) In this paragraph and paragraphs 25CB and 25CC—

• “authorised officer” means—

  (a)

  an immigration officer,

  (b)

  a constable, or

  (c)

  25a person of a kind authorised for the purposes of this
  paragraph and paragraphs 25CB and 25CC by the
  Secretary of State;

• “driving licence”—

  (a)

  means a licence to drive a motor vehicle granted
  30under Part 3 of the Road Traffic Act 1988 or Part II of
  the Road Traffic (Northern Ireland) Order 1981 (SI
  1981/154 (NI 1)), and

  (b)

  includes a licence of that kind which has been
  revoked;

• 35“senior officer” means—

  (a)

  in relation to an authorised officer who is an
  immigration officer, an immigration officer not below
  the rank of chief immigration officer;

  (b)

  in relation to an authorised officer other than an
  40immigration officer, a person of a kind designated by
  the Secretary of State for the purposes of this
  paragraph in relation to an authorised officer of that
  kind.

(8) For the purposes of this paragraph and paragraphs 25CB and 25CC
45a person is not lawfully resident in the United Kingdom if the person
requires leave to enter or remain in the United Kingdom but does not
have it.

Searching persons for driving licences

25CB (1) An authorised officer may exercise the powers in this section if the
officer has reasonable grounds for believing that a person—

(a) is in possession of a driving licence, and

(b) 5is not lawfully resident in the United Kingdom.

(2) The authorised officer may search the person for the driving licence.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the authorised officer has reasonable grounds for
believing that the driving licence may be concealed on the
10person, and

(b) only to the extent that it is reasonably required for the
purpose of discovering the driving licence.

(4) An intimate search may not be carried out under sub-paragraph (2).

(5) In sub-paragraph (4) “intimate search” has the same meaning as in
15section 28H(11).

Seizure and retention of driving licence

25CC (1) If an authorised officer who is exercising a power to search a person
or premises finds a driving licence to which this sub-paragraph
applies in the course of the search, the officer may seize and retain
20the licence.

(2) Sub-paragraph (1) applies to a driving licence if—

(a) the authorised officer finds the licence in the possession of a
person who the authorised officer has reasonable grounds for
believing is not lawfully resident in the United Kingdom, or

(b) 25the authorised officer has reasonable grounds for believing
that the holder of the licence is not lawfully resident in the
United Kingdom.

(3) A driving licence seized under sub-paragraph (1) must, as soon as
practicable, be given to—

(a) 30the Secretary of State, in the case of a licence granted by the
Secretary of State, or

(b) the Department of the Environment for Northern Ireland, in
the case of a licence granted by the Department.

(4) A person who is in possession of a driving licence by virtue of sub-
35paragraph (3) must retain it if—

(a) it has not been revoked,

(b) it has been revoked but the time limit for an appeal against
revocation of the licence has not expired, or

(c) it has been revoked, such an appeal has been brought but the
40appeal has not been determined.

(5) A driving licence which is required to be retained under sub-
paragraph (4) must be retained—

(a) until a decision is taken not to revoke it, or

(b) if it has been or is subsequently revoked—

(i) until the time limit for an appeal against revocation of
the licence expires without an appeal being brought,
or

(ii) until such an appeal is determined.

(6) 5A driving licence which is in the possession of a person by virtue of
sub-paragraph (3) but which is not required to be retained under
sub-paragraphs (4) and (5) must be returned to the holder if—

(a) a decision is taken not to revoke the licence, or

(b) an appeal against revocation of the licence is determined in
10favour of the holder.

(7) Otherwise the driving licence may be dealt with in such manner as
that person thinks fit.

(8) Neither the Secretary of State nor the Department of the
Environment for Northern Ireland is obliged to re-issue a licence
15which has been seized and retained under this paragraph.

(9) References in this paragraph to an appeal against the revocation of a
licence are to—

(a) an appeal under section 100 of the Road Traffic Act 1988, in
the case of a licence granted by the Secretary of State, or

(b) 20an appeal under Article 16 of the Road Traffic (Northern
Ireland) Order 1981 (SI 1981/154 (NI 1)SI 1981/154 (NI 1)), in the case of a
licence granted by the Department of the Environment for
Northern Ireland.

(10) References in this paragraph to the holder of a driving licence, in
25relation to a licence that has been revoked, include the person who
was the holder of the licence before it was revoked.””

(3) In paragraph 25D(8) (access and copying: meaning of seized material) at the
end insert “other than a driving licence seized under paragraph 25CC.”

(4) In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable
30force) before paragraph (b) insert—

“(ab) paragraph 25CA, 25CB or 25CC of Schedule 2 to the 1971 Act
(powers to search for and seize driving licences),”.”

17 Offence of driving when unlawfully in the United Kingdom

(1) The Immigration Act 1971 is amended in accordance with subsections (2) to (6).

(2) 35Before section 25 insert—

“24C Driving when unlawfully in the United Kingdom

(1) A person commits an offence if the person drives a motor vehicle on a
road or other public place at a time when the person is not lawfully
resident in the United Kingdom.

(2) 40A person who is guilty of an offence under subsection (1) 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;