Immigration Bill (HC Bill 74)

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) 5The 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
10has 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) 15In 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 (5) are met, and

(b) 20that 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) 25require 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
30documents 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) 35make 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) 40Provision 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;

(c) having effect in all circumstances, or in all circumstances 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) 5include 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.

10Illegal 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
15to 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
20extension) 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
25worker.

(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) 30any 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
35summons 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.

40Variation 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
5premises, 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) 10any person on whom the illegal working closure notice was served
under paragraph 4, or

(c) 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.

(3) 15If 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
20prevent 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) 25not to discharge an illegal working compliance order;

(c) to order that an illegal working closure notice continues in force,

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) 30An 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;

(c) 35to vary or discharge an illegal working compliance order;

(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
40Ireland, 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
45thinks 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) 5Where 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) 10An 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
15contravention 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 5(1) commits an offence.

(4) 20A 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
25a 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
30Justice 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
35illegal working compliance order,

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

(c) there is another part of that building or structure that is not subject
to the prohibition or restriction,

an occupier or owner of that other part may apply to the court for an order
40under 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,

(c) any other person who has an interest in the premises.

(3) On an application under this paragraph the court may make whatever order
5it 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) 10Where 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
15it 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
20which 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) 25the Secretary of State,

(b) an immigration officer,

(c) a police officer,

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

30is 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
35in 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
40at common law or otherwise).

Compensation

15 (1) Subject to sub-paragraph (4), a person who claims to have incurred financial
loss in consequence of an illegal working closure notice or an illegal working
compliance order may apply to the court for compensation.

(2) 5An 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 or order 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) 10that the applicant is not otherwise associated with the use of the
premises on the basis of which the notice or order was made;

(b) if the applicant is the owner or occupier of the premises, that the
applicant took reasonable steps to prevent that use;

(c) that the applicant has incurred financial loss in consequence of the
15notice or order;

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

(4) No application may be made under this paragraph in relation to financial
loss related to a person’s work; and for this purpose “work” includes—

(a) 20employment;

(b) work under a contract personally to do work;

(c) work under or for the purposes of a contract for services;

(d) work for a purpose related to a contract to sell goods.

Guidance

16 (1) 25The 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) 30persons 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.

35Interpretation

17 (1) In this Schedule—

• “court”, except where the context otherwise requires, means—

  (a)

  in relation to premises in England and Wales or Northern
  Ireland, the magistrates’ court;

  (b)

  40in relation to premises in Scotland, the sheriff court;

• “owner” in relation to premises, means—

  (a)

  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;

  Immigration BillPage 66

  (b)

  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—

  (a)

  5the owner;

  (b)

  any person with control of or responsibility for the premises;

  (c)

  any person who otherwise occupies the premises;

• “premises” includes—

  (a)

  any land, vehicle, vessel or other place (whether enclosed or
  10not);

  (b)

  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
  15that 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) 20a person is subject to immigration control if under the Immigration
Act 1970 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) 25This section also applies where a court has made an illegal working
compliance order under Schedule 2 to the Immigration Act 2016 and
the relevant licensing authority has accordingly received a notice
under that Schedule.””

Section 18

SCHEDULE 3 30Bank accounts

1 The Immigration Act 2014 is amended as follows.

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

“40A Requirement to carry out immigration checks in relation to current
35accounts

(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) 40For 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) 5who 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) 10A 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
15in 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
20immigration 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
2540(3)(a).

40B Requirement to notify existence of current accounts for disqualified
persons

(1) This section applies where, as a result of an immigration check
carried out under section 40A, a bank or building society identifies a
30current 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
35it 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)
40must 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
45or building society that are operated by or for the person who is
believed to be a disqualified person.

40C Action to be taken by Secretary of State following section 40B
notification

(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
5Secretary 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
10bank 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
15or 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
20prescribed 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
25disqualified person, the Secretary of State must notify the bank or
building society accordingly.

40D Freezing orders

(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
30in 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) 35An 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
40account.

(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) 45the 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
5relation 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) 10In this section—

• “the court” means—

  (a)

  in England and Wales, a magistrates’ court;

  (b)

  in Scotland, the sheriff;

  (c)

  in Northern Ireland, a court of summary jurisdiction;

• 15“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 Freezing orders: appeals

(1) 20An 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
25respect 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
30determination 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
35decision of a magistrates’ court or a court of summary
jurisdiction;

(b) the Sheriff Appeal Court, where the decision appealed
against is a decision of the sheriff.

40F Freezing orders: code of practice

(1) 40The 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
45under review for the purpose of deciding whether to apply
under section 40D(6) for its variation or discharge, and