Immigration Bill (HC Bill 96)

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(b) the person’s leave has been extended by virtue of section 3C
of the Immigration Act 1971 (continuation of leave pending
variation decision).

(4) The licence must be granted for a period which does not exceed six
5months.

(5) A London PHV operator’s licence ceases to be in force if the person
to whom it was granted becomes disqualified by reason of the
person’s immigration status from operating a private hire vehicle.

(6) If subsection (5) applies to a licence, the person to whom it was
10granted must, within the period of 7 days beginning with the day
after the day on which the person first became disqualified, return it
the licensing authority.

(7) A person who, without reasonable excuse, contravenes subsection
(6) is guilty of an offence and liable on summary conviction—

(a) 15to a fine not exceeding level 3 on the standard scale; and

(b) in the case of a continuing offence, to a fine not exceeding ten
pounds for each day during which an offence continues after
conviction.”

19 (1) Section 13 (London PHV driver’s licences) is amended as follows.

(2) 20In subsection (2) for the “and” at the end of paragraph (a) substitute—

(aa) the applicant is not disqualified by reason of the applicant’s
immigration status from driving a private hire vehicle; and”

(3) After subsection (2) insert—

(2A) In determining for the purposes of subsection (2) whether an
25applicant is disqualified by reason of the applicant’s immigration
status from driving a private hire vehicle, the licensing authority
must have regard to any guidance issued by the Secretary of State.”

(4) In subsection (5) at the beginning of paragraph (c) insert “subject to section
13A,”.

20 30After section 13 insert—

13A London PHV driver’s licences for persons subject to immigration
control

(1) Subsection (2) applies if—

(a) a London PHV driver’s licence is to be granted to a person
35who has been granted leave to enter or remain in the United
Kingdom for a limited period (“the leave period”);

(b) the person’s leave has not been extended by virtue of section
3C of the Immigration Act 1971 (continuation of leave
pending variation decision); and

(c) 40apart from subsection (2), the period for which the licence
would have been granted would have ended after the end of
the leave period.

(2) The licence must be granted for a period which ends at or before the
end of the leave period.

(3) 45Subsection (4) applies if—

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(a) a London PHV driver’s licence is to be granted to a person
who has been granted leave to enter or remain in the United
Kingdom for a limited period; and

(b) the person’s leave has been extended by virtue of section 3C
5of the Immigration Act 1971 (continuation of leave pending
variation decision).

(4) The licence must be granted for a period which does not exceed six
months.

(5) A London PHV driver’s licence ceases to be in force if the person to
10whom it was granted becomes disqualified by reason of the person’s
immigration status from driving a private hire vehicle.

(6) If subsection (5) applies to a licence, the person to whom it was
granted must, within the period of 7 days beginning with the day
after the day on which the person first became disqualified, return
15the licence and the person’s driver’s badge to the licensing authority.

(7) A person who, without reasonable excuse, contravenes subsection
(6) is guilty of an offence and liable on summary conviction—

(a) to a fine not exceeding level 3 on the standard scale; and

(b) in the case of a continuing offence, to a fine not exceeding ten
20pounds for each day during which an offence continues after
conviction.”

21 (1) Section 16 (power to suspend or revoke licences) is amended as follows.

(2) In subsection (2) before the “or” at the end of paragraph (a) insert—

(aa) the licence holder has, since the grant of the licence, been
25convicted of an immigration offence or required to pay an
immigration penalty;”.

(3) In subsection (4) at the end of paragraph (a) insert—

(aa) the licence holder has, since the grant of the licence, been
convicted of an immigration offence or required to pay an
30immigration penalty;”.

22 In section 25 (appeals) after subsection (7) insert—

(8) On an appeal under this Act to the magistrates’ court or the Crown
Court, the court is not entitled to entertain any question as to
whether—

(a) 35a person should be, or should have been, granted leave to
enter or remain in the United Kingdom; or

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

23 40After section 35 insert—

35A Persons disqualified by reason of immigration status

(1) For the purposes of this Act a person is disqualified by reason of the
person’s immigration status from carrying on a licensable activity if
the person is subject to immigration control and—

(a) 45the person has not been granted leave to enter or remain in
the United Kingdom; or

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(b) the person’s leave to enter or remain in the United
Kingdom—

(i) is invalid;

(ii) has ceased to have effect (whether by reason of
5curtailment, revocation, cancellation, passage of time
or otherwise); or

(iii) is subject to a condition preventing the individual
from carrying on the licensable activity.

(2) Where a person is on immigration bail within the meaning of Part 1
10of Schedule 7 to the Immigration Act 2016—

(a) the person is to be treated for the purposes of this Part as if
the person had been granted leave to enter the United
Kingdom; but

(b) any condition as to the person’s work in the United Kingdom
15to which the person’s immigration bail is subject is to be
treated for those purposes as a condition of leave.

(3) For the purposes of this section a person is subject to immigration
control if under the Immigration Act 1971 the person requires leave
to enter or remain in the United Kingdom.

(4) 20For the purposes of this section a person carries on a licensable
activity if the person—

(a) operates a private hire vehicle; or

(b) drives a private hire vehicle.

35B Immigration offences and immigration penalties

(1) 25In this Act “immigration offence” means—

(a) an offence under any of the Immigration Acts;

(b) an offence under section 1 of the Criminal Attempts Act 1981
of attempting to commit an offence within paragraph (a); or

(c) an offence under section 1 of the Criminal Law Act 1977 of
30conspiracy to commit an offence within paragraph (a).

(2) In this Act “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”).

(3) 35For the purposes of this Act 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
that Act; or

(b) 40the penalty is cancelled by virtue of section 16 or 17 of that
Act.

(4) For the purposes of this Act 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) 45the 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

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(b) 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.

(5) 5For the purposes of this Act 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) the person is excused payment by virtue of section 24 of that
Act; or

(b) 10the penalty is cancelled by virtue of section 29 or 30 of that
Act.

(6) For the purposes of this Act 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 until such time as—

(a) 15the 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) if a notice of objection was given within that period, the
period for appealing under section 30 of that Act has expired
20and any appeal brought within that period has been finally
determined, abandoned or withdrawn.”

24 In section 36 (interpretation) at the appropriate place insert—

  • ““operate” has the meaning given in section 1(1);”.

Section 12

SCHEDULE 3 25Illegal 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
issue an illegal working closure notice in respect of premises if satisfied on
reasonable grounds that the conditions in sub-paragraphs (3) and (6) are
30met.

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

(a) access to the premises other than by a person who habitually lives on
the premises, except where authorised in writing by an immigration
35officer;

(b) paid or voluntary work being performed on the premises, except
where so authorised.

(3) The 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
40immigration control—

(a) who has not been granted leave to enter or remain in the United
Kingdom, or

(b) whose leave to enter or remain in the United Kingdom—

(i) is invalid,

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(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
the employment.

(4) 5Where a person is on immigration bail within the meaning of Part 1 of
Schedule 7—

(a) the person is to be treated for the purposes of sub-paragraph (3) as if
the person had been granted leave to enter the United Kingdom, but

(b) any condition as to the person’s work in the United Kingdom to
10which the person’s immigration bail is subject is to be treated for
those purposes as a condition of leave.

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

(6) The condition in this sub-paragraph is that the employer, or a connected
15person in relation to the employer—

(a) has 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
20penalty under section 15 of the 2006 Act, or

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

(7) Sub-paragraph (6)(a) does not apply in relation to a conviction which is a
spent conviction for the purposes of the Rehabilitation of Offenders Act 1974
25or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/
1908 (N.I. 27)).

(8) For the purposes of sub-paragraph (6)(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
30penalty if—

(i) the 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) 35a person to whom such a notice has been given is not to be treated as
having 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

(ii) 40if 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.

(9) For the purposes of sub-paragraph (6), a person is a connected person in
45relation 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
body corporate, or

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(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) 5where 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) 10a 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
15which the individual has at any time purported to act as a
partner.

(10) 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
20under subsection (3) of that section from paying the penalty.

(11) 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,

25that the notice is going to be issued.

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

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

2 (1) 30An 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
35illegal working compliance order;

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

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

(2) The maximum period that may be specified in an illegal working closure
notice is 24 hours unless sub-paragraph (3) applies.

(3) 40The maximum period is 48 hours if the notice is issued by an immigration
officer of at least the rank of immigration inspector.

(4) In 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-
45paragraph (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
inspector.

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(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-
5paragraph (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
10section 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) 15where 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) 20The 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) 25fix 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) 30give 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(11)) 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
35structure 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) The immigration officer may enter any premises, using reasonable force if
40necessary, 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
has been cancelled under paragraph 3).

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(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) 5In 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 (6) are met, and

(b) 10that 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) 15require 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
20documents 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) 25make 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) 30Provision 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) 35having 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) include provision about access to a part of the building or structure
40of 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.

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Illegal 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
5more than 14 days to enable any person who has an interest in the premises
to 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) 10An immigration officer may apply to the court for an extension (or further
extension) 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
15prevent an employer operating at the premises from employing an illegal
worker.

(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
20under paragraph 4, or

(b) 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.

(4) If a summons is issued, a notice stating the date, time and place of the
25hearing of the application must be served on the persons to whom the
summons 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) 30is in force for a period exceeding 24 months in total.

Variation 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) 35by 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
premises, 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
40summons directed to—

(a) an immigration officer,

(b) any person on whom the illegal working closure notice was served
under paragraph 4, or

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(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) If a summons is issued, a notice stating the date, time and place of the
5hearing 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
prevent an employer operating at the premises from employing an illegal
10worker.

Notice and orders: appeals

9 (1) An appeal against a decision—

(a) to make, extend or vary an illegal working compliance order;

(b) not to discharge an illegal working compliance order;

(c) 15to 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) An appeal against a decision—

(a) 20not 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) to vary or discharge an illegal working compliance order;

(d) 25not 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
Ireland, is to the Crown Court,

(b) 30if 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
thinks appropriate.

(6) 35The 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) Where access to premises is prohibited or restricted by virtue of an illegal
40working 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.