Immigration Bill (HC Bill 74)

Immigration BillPage 50

or over)” substitute “(and who would, where applicable, satisfy subsections
(2) and (2A) of section 42)”.

Part 3 Personal licences

12 5Part 6 of the Licensing Act 2003 (personal licences) is amended as follows.

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

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

(3) 10After subsection (2) insert—

(2A) In this Part “immigration offence” means—

(a) an offence referred to in paragraph 7A of Schedule 4, or

(b) an offence listed in paragraph 24 or 25 of Schedule 4 that is
committed in relation to an offence referred to in paragraph
157A of that Schedule.”

(4) At the end insert—

(4) In this Part “immigration penalty” means a penalty under—

(a) section 15 of the Immigration, Asylum and Nationality Act
2006 (“the 2006 Act”), or

(b) 20section 23 of the Immigration Act 2014 (“the 2014 Act”).

(5) For the purposes of this Part a person to whom a penalty notice
under section 15 of the 2006 Act has been given is not to be treated as
having been required to pay an immigration penalty if—

(a) the person is excused payment by virtue of section 15(3) of
25that Act, or

(b) the penalty is cancelled by virtue of section 16 or 17 of that
Act.

(6) For the purposes of this Part a person to whom a penalty notice
under section 15 of the 2006 Act has been given is not to be treated as
30having 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) 35if a notice of objection was given within that period, the
period for appealing under section 17 of that Act has expired
and any appeal brought within that period has been finally
determined, abandoned or withdrawn.

(7) For the purposes of this Part a person to whom a penalty notice
40under 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

Immigration BillPage 51

(b) the penalty is cancelled by virtue of section 29 or 30 of that
Act.

(8) For the purposes of this Part a person to whom a penalty notice
under section 23 of the 2014 Act has been given is not to be treated as
5having 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) 10if a notice of objection was given within that period, the
period for appealing under section 30 of that Act has expired
and any appeal brought within that period has been finally
determined, abandoned or withdrawn.”

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

(2) 15In subsection (2), after “subsections” insert “(2A),”.

(3) After subsection (2) insert—

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

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

(2) 20In subsection (2)—

(a) after paragraph (a) insert—

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

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

(3) 25In subsection (3), for “paragraph (a), (b) or (c)” substitute “any of paragraphs
(a) to (c)”.

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

(5) After subsection (5) insert—

(5A) If it appears to the authority that the applicant meets the conditions
30in paragraphs (a) to (c) of subsection (2) but fails to meet the
condition in paragraph (d) of that subsection by virtue of having
been—

(a) convicted of an immigration offence,

(b) convicted of a foreign offence that the authority considers to
35be comparable to an immigration offence, or

(c) required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

(5B) Where, having regard to—

(a) any conviction of the applicant for an immigration offence,

(b) 40any conviction of the applicant for a foreign offence which
the Secretary of State considers to be comparable to an
immigration offence, and

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

Immigration BillPage 52

the Secretary of State is satisfied that granting the licence would be
prejudicial to the prevention of illegal working in licensed premises,
the Secretary of State must, within the period of 14 days beginning
with the day the Secretary of State received the notice under
5subsection (5A), give the authority a notice stating the reasons for
being so satisfied (an “immigration objection notice”).”

(6) In subsection (6), for “is given within that period (or the notice is
withdrawn)” substitute “or immigration objection notice is given within the
period of 14 days referred to in subsection (5) or (5B) (as the case may be), or
10any such notice given is withdrawn,”.

(7) In subsection (7)—

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

(b) in paragraph (a)—

(i) omit “objection”;

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

(c) 20for paragraph (b) substitute—

(b) having regard to the notice, must—

(i) where the notice is an objection notice, reject
the application if it considers it appropriate
for the promotion of the crime prevention
25objective to do so, or

(ii) where the notice is an immigration objection
notice, reject the application if it considers it
appropriate for the prevention of illegal
working in licensed premises to do so.”

(8) 30After subsection (7) insert—

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

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

(2) In subsection (1)—

(a) 35after “objection notice” insert “or the Secretary of State gave an
immigration objection notice”;

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

(3) After subsection (2) insert—

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

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

17 (1) Section 123 (duty to notify licensing authority of convictions during
45application period) is amended as follows.

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

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(3) In subsection (1)—

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

(b) after “conviction” insert “or the requirement to pay (as the case may
5be)”.

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

(2) In subsection (1)—

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

(b) at the end insert “or was required during that period to pay an
10immigration penalty”.

(3) In subsection (3)(a), for “applicant” substitute “licence holder”.

(4) After subsection (3) insert—

(3A) Where the licence holder was (during the application period)—

(a) convicted of an immigration offence,

(b) 15convicted of a foreign offence that the licensing authority
considers to be comparable to an immigration offence, or

(c) required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

(3B) Where, having regard to—

(a) 20any conviction of the applicant for an immigration offence
which occurred before the end of the application period,

(b) any conviction of the applicant for a foreign offence which
the Secretary of State considers to be comparable to an
immigration offence and which occurred before the end of
25the application period, and

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

the Secretary of State is satisfied that continuation of the licence
would be prejudicial to the prevention of illegal working in licensed
30premises, the Secretary of State must, within the period of 14 days
beginning with the day the Secretary of State received the notice
under subsection (3A), give the authority a notice stating the reasons
for being so satisfied (an “immigration objection notice”).”

(5) In subsection (4)—

(a) 35in the words before paragraph (a), for “is given within that period”
substitute “or an immigration objection notice is given within the
period of 14 days referred to in subsection (3) or (3B), as the case may
be,”;

(b) in paragraph (a)—

(i) 40omit “objection”;

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

(c) in paragraph (b), for the words from “revoke” to the end of the
paragraph substitute

(i) 45where the notice is an objection notice, revoke
the licence if it considers it appropriate for the

Immigration BillPage 54

promotion of the crime prevention objective
to do so, or

(ii) where the notice is an immigration objection
notice, revoke the licence if it considers it
5appropriate for the prevention of illegal
working in licensed premises to do so.”

(6) In subsection (5), for “offender and the chief officer of police” substitute
“licence holder and the person who gave the notice”.

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

(2) 10For “of each” substitute of—

(a) each”.

(3) At the end insert—

(b) each immigration penalty that the holder has been required
to pay and the date of each notice by which such a penalty
15was imposed.”

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

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

(3) After subsection (2) insert—

(2A) 20Subsection (2B) applies where the holder of a personal licence is
required to pay an immigration penalty.

(2B) The holder must, as soon as reasonably practicable after being
required to pay the penalty, give the relevant licensing authority a
notice containing details of the penalty, including the date of the
25notice by which the penalty was imposed.”

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

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

7A An offence under any of the Immigration Acts.”

Part 4 30Rights of entry

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

(2) After subsection (1) insert—

(1A) Where an immigration officer has reason to believe that any
35premises are being used for a licensable activity within section
1(1)(a) or (d), the officer may enter the premises with a view to seeing
whether an offence under any of the Immigration Acts is being
committed in connection with the carrying on of the activity.”

(3) In subsection (2)—

(a) 40after “authorised person” insert “or an immigration officer”;

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

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

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

(6) In subsection (6)—

(a) 5omit “and” at the end of the definition of “authorisation”;

(b) at the end of the subsection insert—

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

10Part 5 Appeals

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

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

(2) In sub-paragraph (1)—

(a) 15after “42(6)” insert “or the Secretary of State gave a notice under
section 42(8)”;

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

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

25 (1) 20Paragraph 7 (interim authority notice) is amended as follows.

(2) In sub-paragraph (1)(b)—

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

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

(3) 25In sub-paragraph (3), for “the notice under that subsection,” substitute “the
interim authority notice under section 48(3) after the giving of a notice by a
chief officer of police under section 48(2),”.

(4) After sub-paragraph (3) insert—

(3A) Where the relevant licensing authority decides not to cancel the
30interim authority notice under section 48(3) after the giving of a
notice by the Secretary of State under section 48(2B), the Secretary
of State may appeal against that decision.”

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

27 (1) 35Paragraph 17 (personal licences) is amended as follows.

(2) In sub-paragraph (2)—

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

(b) for “objection notice (within the meaning of section 120(5))”
40substitute “notice”.

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(3) After sub-paragraph (2) insert—

(2A) Where a licensing authority grants an application for a personal
licence under section 120(7A) after the giving of a notice under
section 120(5B), the Secretary of State may appeal against that
5decision.”

(4) After sub-paragraph (5) insert—

(5A) Where in a case to which section 124 applies—

(a) the Secretary of State gives a notice under subsection (3B)
of that section (and does not later withdraw it), and

(b) 10the licensing authority decides not to revoke the licence,

the Secretary of State may appeal against the decision.”

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

28 At the end insert—

“Part 4 15Questions about leave to enter or remain in the UK

On an appeal under this Schedule, a magistrates’ court is not
entitled to entertain any question as to whether—

(a) an individual should be, or should have been, granted
leave to enter or remain in the United Kingdom, or

(b) 20an individual has, after the date of the decision being
appealed against, been granted leave to enter or remain in
the United Kingdom.”

Part 6 General

29 (1) 25Section 193 of the Licensing Act 2003 (other definitions) is amended as
follows.

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

(3) After that subsection insert—

(2) For the purposes of references in this Act to the prevention of illegal
30working in licensed premises, a person is working illegally if by
doing that work at that time the person is committing an offence
under section 24B of the Immigration Act 1971.”

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

“entitled to
work in the
United
Kingdom
35section 192A”


“immigration
offence
section 113”
40
“immigration
penalty (and
required to
pay, in
relation to an
immigration
penalty)
section 113”



45

“working
illegally, in
relation to the
prevention of
illegal
working in
licensed
premises
section 193”

50




55

Part 7 Transitional provision

31 The amendment of section 27 of the Licensing Act 2003 made by paragraph
5 of this Schedule does not apply in relation to a premises licence granted
60before the coming into force of that paragraph.

32 The amendments of section 115 of the Licensing Act 2003 made by
paragraph 14 of this Schedule do not apply in relation to a personal licence
granted before the coming into force of that paragraph.

33 The amendment of Schedule 4 to the Licensing Act 2003 made by paragraph
6521 of this Schedule applies on and after the coming into force of that
paragraph in relation to—

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

(b) offences committed before, on or after the coming into force of that
70paragraph.

Section 11

SCHEDULE 2 Illegal working closure notices and illegal working compliance orders

Illegal working closure notices

1 (1) An immigration officer of at least the rank of chief immigration officer may
75issue an illegal working closure notice in respect of premises if satisfied on

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reasonable grounds that the conditions in sub-paragraphs (3) and (5) are
met.

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

(a) 5access 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) 10The 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) 15whose 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
20the employment.

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

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

(a) 25has 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

(c) 30has at any time been required to pay such a penalty and failed to pay
it.

(6) Sub-paragraph (5)(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/
351908 (N.I. 27)).

(7) For the purposes of sub-paragraph (5)(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) 40the 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
45having 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

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(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.

(8) 5For the purposes of sub-paragraph (5), 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
10body 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;

(c) 15where the employer is an individual, the person is—

(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) 20a 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
25which the individual has at any time purported to act as a
partner.

(9) 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
30under subsection (3) of that section from paying the penalty.

(10) 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,

35that the notice is going to be issued.

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

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

2 (1) 40An illegal working closure notice must—

(a) identify the premises;

(b) explain the effect of the notice;

(c) state that failure to comply with the notice is an offence;

(d) state that an application will be made under paragraph 5 for an
45illegal working compliance order;

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

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

Immigration BillPage 59

(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) 5In 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
10inspector.

(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-
15paragraph (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 the employer shows in relation to the
employment of each illegal worker that if a penalty notice were given under
20section 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) 25where 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) 30The 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) 35fix 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) 40give 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(10)) 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