Immigration Bill (HC Bill 96)

Immigration BillPage 50

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

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

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

58 5Commencement

(1) Subject to subsections (4) to (5) this Act comes into force on such day as the
Secretary of State appoints by regulations.

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

(3) 10Subsections (3) to (5) of section 32 come into force on the day on which this Act
is passed.

(4) Section 50 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

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

59 15Extent

(1) This Act extends to England and Wales, Scotland and Northern Ireland, subject
as 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
20within 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
Act 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
25extend (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
Act to which the provision listed in subsection (6) relates.

(6) Those provisions are—

(a) section 36 of the Immigration Act 1971,

(b) 30section 52(2) of the Civil Jurisdiction and Judgments Act 1982,

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

(d) section 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,
35etc) Act 2004,

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

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

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

60 Short title

40This Act may be cited as the Immigration Act 2016.

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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 7 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)

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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).”

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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”;

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(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) After subsection (5) insert—

(5A) Where an interim authority notice is cancelled under subsection
40(3)(b)(ii), the licensing authority must also give a copy of the notice
under subsection (4) to the Secretary of State.”

11 In 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
or over)” substitute “(and who would, where applicable, satisfy subsections
45(2) and (2A) of section 42)”.

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Part 3 Personal licences

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

13 (1) Section 113 (meaning of “relevant offence” and “foreign offence”) is
5amended as follows.

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

(3) After subsection (2) insert—

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

(a) 10an 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
7A of that Schedule.”

(4) At the end insert—

(4) 15In this Part “immigration penalty” means a penalty under—

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

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

(5) For the purposes of this Part a person to whom a penalty notice
20under section 15 of the 2006 Act has been given is not to be treated as
having been required to pay an immigration penalty if—

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

(b) the penalty is cancelled by virtue of section 16 or 17 of that
25Act.

(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
having been required to pay an immigration penalty until such time
as—

(a) 30the period for giving a notice of objection under section 16 of
that Act has expired and the Secretary of State has considered
any notice given within that period, and

(b) if a notice of objection was given within that period, the
period for appealing under section 17 of that Act has expired
35and 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
under section 23 of the 2014 Act has been given is not to be treated as
having been required to pay an immigration penalty if—

(a) 40the person is excused payment by virtue of section 24 of that
Act, or

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

(8) For the purposes of this Part a person to whom a penalty notice
45under section 23 of the 2014 Act has been given is not to be treated as

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having been required to pay an immigration penalty until such time
as—

(a) the period for giving a notice of objection under section 29 of
that Act has expired and the Secretary of State has considered
5any notice given within that period, and

(b) if a notice of objection was given within that period, the
period for appealing under section 30 of that Act has expired
and any appeal brought within that period has been finally
determined, abandoned or withdrawn.”

14 (1) 10Section 115 (period of validity of personal licence) is amended as follows.

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

(2) In 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
20penalty”.

(3) In 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) In subsection (5)—

(a) 25omit the “and” at the end of paragraph (a);

(b) at the end of paragraph (b) insert and

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

(6) After subsection (5) insert—

(5A) 30If it appears to the authority that the applicant meets the conditions
in 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) 35convicted of a foreign offence that the 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.

(5B) Where, having regard to—

(a) 40any conviction of the applicant for an immigration offence,

(b) any 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
45penalty,

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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”).”

(7) 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,”.

(8) 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.”

(9) 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) in paragraph (a)—

(i) for “applicant” substitute “licence holder”;

(ii) for “, and” substitute “which occurred before the end of the
15application period,”;

(b) in paragraph (b), after “relevant offence” insert “and which occurred
before the end of the application period”;

(c) at the end of paragraph (b) insert and

(c) the licence holder having been required before the
20end of the application period to pay any immigration
penalty,”;

(d) in the words after paragraph (b), omit “which occurred before the
end of the application period,”.

(4) After subsection (3) insert—

(3A) 25Where the licence holder was (during the application period)—

(a) convicted of an immigration offence,

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

(c) required to pay an immigration penalty,

30the authority must give the Secretary of State a notice to that effect.

(3B) Where, having regard to—

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

(b) 35any conviction of the licence holder for a foreign offence
which the Secretary of State considers to be comparable to an
immigration offence and which occurred before the end of
the application period, and

(c) the licence holder having been required before the end of the
40application 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
premises, the Secretary of State must, within the period of 14 days
beginning with the day the Secretary of State received the notice
45under subsection (3A), give the authority a notice stating the reasons
for being so satisfied (an “immigration objection notice”).”

(5) In subsection (4)—

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(a) in 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) 5in paragraph (a)—

(i) omit “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
10paragraph substitute

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

(ii) 15where the notice is an immigration objection
notice, revoke the licence if it considers it
appropriate for the prevention of illegal
working in licensed premises to do so.”

(6) After subsection (5) insert—

(5A) 20Where the authority revokes or decides not to revoke a licence under
subsection (4)(b)(ii) it must also notify the Secretary of State of the
decision and its reasons for making it.”

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

(2) For “of each” substitute of—

(a) 25each”.

(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
was imposed.”

20 (1) 30Section 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) Subsection (2B) applies where the holder of a personal licence is
35required 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
notice by which the penalty was imposed.”

(4) 40In subsection (3), after “(2)” insert “or (2B)”.

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