Part 8 Fees and charges

Immigration

46 Immigration skills charge

(1) 5The Immigration Act 2014 is amended as follows.

(2) After section 70 insert—

“70A Immigration skills charge

(1) The Secretary of State may by regulations provide for a charge to be imposed
on—

(a) 10persons who make immigration skills arrangements, or

(b) any description of such persons.

(2) “Immigration skills arrangements” are arrangements made by a person
(“the sponsor”) with the Secretary of State with a view to securing that
an individual who is not exempt for the purposes of this section is
15granted entry clearance or leave to remain in the United Kingdom to
enable the individual to work for the sponsor in the United Kingdom.

(3) Regulations under this section may in particular—

(a) impose a separate charge on a sponsor in respect of each
individual in relation to whom the sponsor makes immigration
20skills arrangements;

(b) specify the amount of any charge (and different amounts may
be specified for different purposes);

(c) make provision about when or how a charge may or must be
paid to the Secretary of State;

(d) 25make provision about the consequences of a sponsor failing to
pay a charge;

(e) provide for exemptions from a charge;

(f) provide for the reduction, waiver or refund of part or all of a
charge (whether by conferring a discretion or otherwise).

(4) 30Sums paid by virtue of regulations under this section must—

(a) be paid into the Consolidated Fund, or

(b) be applied in such other way as the regulations may specify.

(5) Regulations under this section may be made only with the consent of
the Treasury.

(6) 35An individual is exempt for the purposes of this section if he or she is—

(a) a British citizen;

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

(c) a national of Switzerland;

(d) otherwise entitled to enter or remain in the United Kingdom by
40virtue of an enforceable EU right or of any provision made
under section 2(2) of the European Communities Act 1972.

(7) In this section “entry clearance” has the meaning given by section 33(1)
of the Immigration Act 1971.””

(3) In section 74(2) (orders and regulations which are subject to affirmative
resolution procedure) after paragraph (j) insert—

“(ja) 5regulations under section 70A;”.”

Passports and civil registration

47 Power to make passport fees regulations

(1) The Secretary of State may by regulations provide for fees to be charged in respect of
the exercise by the Secretary of State of such functions in connection with applications
10for the issue of a passport or other travel document as may be specified.

(2) Regulations under subsection (1) are referred to in this section and section 48
as “passport fees regulations”.

(3) Passport fees regulations must provide for the fee in respect of the exercise of
each specified function to comprise one or more amounts each of which is—

(a) 15a specified fixed amount, or

(b) an amount calculated by reference to a specified hourly rate or other
specified factor.

(4) Provision made under subsection (3) may be intended to result in a fee in
respect of a specified function which exceeds the costs of exercising the
20function.

(5) In specifying the amount of any fee, or hourly rate or other factor, the Secretary
of State may have regard only to the costs of exercising—

(a) the function;

(b) any other function of the Secretary of State in connection with United
25Kingdom passports or other UK travel documents;

(c) any consular function.

This is subject to section 48(5).

(6) In respect of any fee provided for under this section, passport fees regulations
may—

(a) 30provide for exceptions;

(b) provide for the reduction, waiver or refund of part or all of a fee
(whether by conferring a discretion or otherwise);

(c) make provision about—

(i) the consequences of failure to pay a fee;

(ii) 35enforcement;

(iii) when a fee may or must be paid.

(7) In this section—

• “consular function” means—

  (a)

  any of the functions described in Article 5 of the Vienna
  40Convention on Consular Relations set out in Schedule 1 to the
  Consular Relations Act 1968;

  (b)

  any function in the United Kingdom which corresponds to a
  function mentioned in paragraph (a);

  Immigration BillPage 42

  in each case regardless of whether the function is exercised by a
  consular officer or by another person authorised by the Secretary of
  State;

• “costs” includes—

  (a)

  5the costs of the Secretary of State, and

  (b)

  the costs of any other person (whether or not funded from
  public money);

• “function” includes a power or a duty;

• “specified” means specified in passport fees regulations;

• 10“travel document” means a document which enables or facilitates travel
  from one state to another and a “UK travel document” means such a
  document issued by the Secretary of State;

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

(8) 15Any reference in this section to the exercise of a function includes a reference
to its exercise in particular circumstances, including its exercise—

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

(b) under particular arrangements;

(c) otherwise in particular ways,

20and, for this purpose, “arrangements” includes arrangements for the
convenience of applicants or persons making requests for the exercise of a
function.

48 Passport fees regulations: supplemental

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

(2) 25A fee under section 47 may relate to something done outside the United
Kingdom.

(3) Fees payable by virtue of section 47 may be recovered as a debt due to the
Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 47 must be—

(a) 30paid into the Consolidated Fund, or

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

(5) Section 47 is without prejudice to—

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

(b) section 102 of the Finance (No 2) Act 1987 (government fees and
35charges), or

(c) any other power to charge a fee.

49 Power to charge for passport validation services

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

(2) 40“Passport validation services” are services in connection with confirming the
validity of United Kingdom passports or the accuracy of the information
contained in them which are provided for the purpose of preventing or
detecting crime.

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

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

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

(a) paid into the Consolidated Fund, or

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

(6) Regulations under subsection (5) may be made only with the consent of the
10Treasury.

(7) This section is without prejudice to—

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

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

(c) 15any other power to charge a fee.

50 Civil registration fees

(1) Schedule 9 (civil registration fees) has effect.

(2) In that Schedule—

(a) Part 1 amends enactments about civil registration in connection with
20powers to make regulations for the charging of fees, and

(b) Part 2 makes consequential and related amendments.

Part 9 Final provisions

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

(a) 25any expenditure incurred under or by virtue of this Act by a Minister of the
Crown, a person holding office under Her Majesty or a government
department, and

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

52 30Transitional and consequential provision

(1) The Secretary of State may by regulations make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any provision of this Act.

(2) The Secretary of State may by regulations make such provision as the Secretary
35of State considers appropriate in consequence of this Act.

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

(4) “Enactment” includes—

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

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

(c) 5an enactment contained in, or in an instrument made under, a Measure
or Act of the National Assembly for Wales;

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

(5) In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration
10Acts”)—

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

(b) at the end of paragraph (j) insert “, and

(k) the Immigration Act 2016.””

53 Regulations

(1) 15Regulations made by the Secretary of State under this Act are to be made by
statutory instrument.

(2) A statutory instrument containing any of the following regulations may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament—

(a) 20regulations under section 3 which amend or repeal any provision of
section 2, 4, 5, 6 or 7,

(b) regulations under section 10(2),

(c) regulations under section 15(1) or (2),

(d) regulations under section 39(6),

(e) 25regulations under section 40(1),

(f) passport fees regulations within the meaning of section 47 which
include provision specifying functions as mentioned in subsection (1)
of that section,

(g) regulations under section 52(2) which amend or repeal primary
30legislation,

(h) regulations under paragraph 1(12) of Schedule 2, and

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

(3) Primary legislation means any of the following—

(a) an Act of Parliament;

(b) 35an Act of the Scottish Parliament;

(c) a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.

(4) A statutory instrument containing any other regulations made by the Secretary
of State under this Act is subject to annulment in pursuance of a resolution of
40either House of Parliament.

(5) Subsection (4) does not apply to regulations under section 52(1) or 54(1).

(6) Regulations made by the Secretary of State under this Act—

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

(b) may make provision which applies generally or for particular purposes
45or areas,

(c) may make transitional, transitory or saving provision, or

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

54 Commencement

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

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

(3) Section 46 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

(4) 10Subsections (3) to (5) of section 29 come into force on the day on which this Act
is passed.

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

55 Extent

(1) This Act extends to England and Wales, Scotland and Northern Ireland, subject
15as follows.

(2) Part 7 extends to England and Wales and Scotland only.

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

(4) Her Majesty may by Order in Council provide for any of the provisions of this
20Act to extend, with or without modifications, to any of the Channel Islands or
the Isle of Man.

(5) A power under any provision listed in subsection (6) may be exercised so as to
extend (with or without modifications) to any of the Channel Islands or the Isle
of Man any amendment or repeal made by or under this Act of any part of an
25Act to which the provision listed in subsection (6) relates.

(6) Those provisions are—

(a) section 36 of the Immigration Act 1971,

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

(c) section 9(3) of the Special Immigration Appeals Commission Act 1997,

(d) 30section 170(7) of the Immigration and Asylum Act 1999,

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

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

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

(h) 35section 60(4) of the UK Borders Act 2007, and

(i) section 76(6) of the Immigration Act 2014.

56 Short title

This Act may be cited as the Immigration Act 2016.

SCHEDULES

Section 10

SCHEDULE 1 Licensing Act 2003: amendments relating to illegal working

Part 1 5Entitlement to work in the United Kingdom

1 After section 192 of the Licensing Act 2003 insert—

“192A Entitlement to work in the United Kingdom

(1) For the purposes of this Act an individual is entitled to work in the
United Kingdom if—

(a) 10the individual does not under the Immigration Act 1971
require leave to enter or remain in the United Kingdom, or

(b) the individual has been granted such leave and the leave—

(i) is not invalid,

(ii) has not ceased to have effect (whether by reason of
15curtailment, revocation, cancellation, passage of time
or otherwise), and

(iii) is not subject to a condition preventing the individual
from doing work relating to the carrying on of a
licensable activity within section 1(1)(a) or (d).

(2) 20Where an individual is on immigration bail within the meaning of
Part 1 of Schedule 5 to the Immigration Act 2016—

(a) the individual is to be treated for the purposes of subsection
(1) as if the individual had been granted leave to enter the
United Kingdom, but

(b) 25any condition as to the individual’s work in the United
Kingdom to which the individual’s immigration bail is
subject is to be treated for those purposes as a condition of
leave.””

Part 2 30Premises licences

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

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

insert—

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

4 (1) 5Section 16 (applicant for premises licence) is amended as follows.

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

(3) In subsection (2), omit “But”.

(4) After subsection (2) insert—

“(2A) 10An individual who is resident in the United Kingdom may not apply
for a premises licence authorising premises to be used for a licensable
activity within section 1(1)(a) or (d) unless the individual is entitled
to work in the United Kingdom.””

5 In section 27 (death, incapacity, insolvency etc of licence holder), after
15subsection (1) insert—

“(1A) A premises licence that authorises premises to be used for a
licensable activity within section 1(1)(a) or (d) also lapses if the
holder of the licence ceases to be entitled to work in the United
Kingdom at a time when the holder of the licence is resident in the
20United Kingdom (or becomes so resident without being entitled to
work in the United Kingdom).””

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

(2) After subsection (2) insert—

“(2A) 25Where the applicant is an individual who is resident in the United
Kingdom and the premises licence authorises premises to be used for
a licensable activity within section 1(1)(a) or (d) he must also be
entitled to work in the United Kingdom.””

(3) After subsection (5) insert—

“(5ZA) 30Where the premises licence authorises premises to be used for a
licensable activity within section 1(1)(a) or (d), the relevant person
must also give notice of the application to the Secretary of State.””

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

(5) 35After subsection (7) insert—

“(8) Where the Secretary of State is given notice under subsection (5ZA)
and is satisfied that the exceptional circumstances of the case are
such that granting the application would be prejudicial to the
prevention of illegal working in licensed premises, the Secretary of
40State must give the relevant licensing authority a notice stating the
reasons for being so satisfied.

(9) The Secretary of State must give that notice within the period of 14
days beginning with the day on which the Secretary of State is
notified of the application under subsection (5ZA).””

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

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

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

(4) For paragraph (b) substitute—

“(b) 5having regard to the notice—

(i) where the notice is given under section 42(6), reject
the application if it considers it appropriate for the
promotion of the crime prevention objective to do so,
or

(ii) 10where the notice is given under section 42(8), reject
the application if it considers it appropriate for the
prevention of illegal working in licensed premises to
do so.””

8 (1) Section 45 (notification of determination under section 44) is amended as
15follows.

(2) In subsection (2)—

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

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

(3) 20After subsection (2) insert—

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

9 (1) Section 47 (interim authority notice following death etc of licence holder) is
25amended as follows.

(2) In subsection (1)—

(a) after “or (c)” insert “or (1A)”;

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

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

(4) 30After subsection (3) insert—

“(3A) Where the premises licence authorises premises to be used for a
licensable activity within section 1(1)(a) or (d), a person falling
within subsection (2)(a) or (b) who is an individual who is resident
in the United Kingdom may give an interim authority notice only if
35the person is entitled to work in the United Kingdom.””

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

“(aa) where the premises licence authorises premises to be used for
a licensable activity within section 1(1)(a) or (d), at the end of
the initial 28 day period unless before that time the person
40who gave the interim authority notice has given a copy of the
notice to the Secretary of State;”.”

(6) In subsection (7A)—

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

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

10 (1) Section 48 (cancellation of interim authority notice following police
5objections) is amended as follows.

(2) In the heading, omit “police”.

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

(4) After subsection (2) insert—

“(2A) Subsection (2B) applies where—

(a) 10an interim authority notice by a person (“the relevant
person”) is given in accordance with section 47,

(b) the Secretary of State is given a copy of the interim authority
notice before the end of the initial 28 day period (within the
meaning of that section), and

(c) 15the Secretary of State is satisfied that the exceptional
circumstances of the case are such that a failure to cancel the
interim authority notice would be prejudicial to the
prevention of illegal working in licensed premises.

(2B) The Secretary of State must before the end of the second working day
20following receipt of the copy of the interim authority notice give the
relevant licensing authority a notice stating why the Secretary of
State is so satisfied.””

(5) In subsection (3)—

(a) in the words before paragraph (a), for “by the chief officer of police”
25substitute “under subsection (2) or (2B)”;

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

(c) for paragraph (b) substitute—

“(b) having regard to the notice—

(i) 30where the notice is given under subsection (2),
cancel the interim authority notice if it
considers it appropriate for the promotion of
the crime prevention objective to do so, or

(ii) where the notice is given under subsection
35(2B), cancel the interim authority notice if it
considers it appropriate for the prevention of
illegal working in licensed premises to do so.””

(6) In subsection (5)—

(a) for “to the” substitute “to—

(a) 40where the interim authority notice is cancelled under
subsection (3)(b)(i), the”;”

(b) at the end insert—

“(b) where the interim authority notice is cancelled under
subsection (3)(b)(ii), the Secretary of State.””

11 45In section 50 (reinstatement of licence on transfer following death etc of
holder), in subsection (3), for “(who, in the case of an individual, is aged 18