Immigration Bill

marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 12th January 2016, as follows—

Clauses 1 to 10
Schedule 1
Clause 11
Schedule 2
Clause 12
Schedule 3
Clauses 13 to 19
Schedule 4
Clauses 20 to 28
Schedule 5
Clause 29
Schedule 6
Clauses 30 to 32
Schedule 7
Clauses 33 to 37
Schedule 8
Clause 38
Schedule 9
Clauses 39 to 44
Schedule 10
Clause 45
Schedule 11
Clauses 46 to 59
Schedule 12
Clauses 60 to 65
Title

[Amendments marked * are new or have been altered]

Clause 1

BARONESS HAMWEE

LORD PADDICK

1

Page 1, line 5, after “State” insert “for the Home Department”

2

Page 1, line 5, after “must” insert “, after consulting the Secretary of State for
Business, Innovation and Skills,”

3

Page 1, line 5, after “must” insert “, after consulting the Scottish Ministers and the
Department of Justice (Northern Ireland),”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

4

Page 1, line 8, at end insert—

“( )     The primary purpose of the Director is to secure the enforcement of labour
market legislation, as defined in section 3(3) of this Act.”

BARONESS HAMWEE

LORD PADDICK

5

Page 1, line 9, at end insert—

“( )     The primary function of the Director shall be the protection of workers
from exploitation.”

Clause 2

BARONESS HAMWEE

LORD PADDICK

6

Page 2, line 2, after “year” insert “following consultation with—

(a)   the Scottish Ministers and the Department of Justice (Northern
Ireland);

(b)   the persons exercising powers and functions under labour market
legislation (as defined in section 3);

(c)   the Independent Anti-slavery Commissioner, the National Crime
Agency and representatives of the chief officers of police of England
and Wales;”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

LORD PADDICK

7

Page 2, line 9, after “relates,” insert—

( )   the threats and obstacles to effective labour market
enforcement,

( )   the remedies secured by victims of non-compliance in the
labour market,”

BARONESS HAMWEE

LORD PADDICK

8

Page 2, line 11, at end insert—

“( )   the resources required to address the non-compliance,”

LORD BATES

9

Page 2, line 17, leave out “whose officers” and insert “whom, or by whose officers,”

BARONESS HAMWEE

LORD PADDICK

10

Page 2, line 25, after “available” insert “, and further funding assessed under
subsection (2),”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

11

Page 2, line 26, at end insert—

“( )     The Director must engage with civil society and voluntary organisations in
the development of the strategy.”

BARONESS HAMWEE

LORD PADDICK

12

Page 2, line 26, at end insert—

“( )     Nothing in this section shall permit the alteration of a strategy of a person
entitled to prepare a strategy under any labour market legislation (as
defined in section 3).”

13

Page 2, line 27, after “time” insert “, following consultation with the persons
required to be consulted under subsection (1),”

14

Page 2, line 34, after “to” insert “, but shall not be bound by,”

LORD BATES

15

Page 2, line 35, leave out subsection (7)

Clause 3

LORD BATES

16

Page 2, line 40, leave out paragraph (a)

17

Page 2, line 41, at end insert—

“( )   failure to comply with the requirement under section 1 of the
National Minimum Wage Act 1998 (workers to be paid at least
national minimum wage);

( )   failure to pay any financial penalty required to be paid by a notice
of underpayment served under section 19 of that Act (see section
19A of that Act);

( )   breach of a condition of a licence granted under section 7 of the
Gangmasters (Licensing) Act 2004;


10

( )   failure to comply with any other requirement imposed by or under
any enactment and which is prescribed by regulations made by the
12Secretary of State.”

BARONESS HAMWEE

LORD PADDICK

[Amendment 18 is an amendment to Amendment 17]

18*

Line 10, leave out from “requirement” to the end of line 12 and insert “in labour
market legislation”

LORD BATES

19

Page 2, line 45, leave out from “officer” to end of line 46 and insert “acting for the
purposes of that Act (see section 8A of that Act),”

20

Page 3, line 2, leave out from “1998 (” to second “of” in line 3 and insert “see section
13”

21

Page 3, line 3, at end insert—

“( )   any function of the Gangmasters and Labour Abuse Authority
conferred by section 1(2)(a) to (c) of the Gangmasters (Licensing)
Act 2004,”

22

Page 3, line 4, leave out from “officer” to “of” in line 6 and insert “or a compliance
officer acting for the purposes of that Act (see section 15”

23

Page 3, line 6, after “Act),” insert—

“( )   any function of the Gangmasters and Labour Abuse Authority
under Part 2 of the Modern Slavery Act 2015 (slavery and
trafficking prevention orders etc),

( )   any function of an officer of that Authority acting for the purposes
of Part 1 or 2 of that Act (see sections 11A and 30A of that Act),

( )   any function an officer has by virtue of section (Investigative
functions
),”

24

Page 3, line 9, leave out subsection (3)

BARONESS HAMWEE

LORD PADDICK

25

Page 3, line 13, after “enactment” insert “relating to the protection of workers”

LORD BATES

26

Page 3, line 16, at end insert “other than one under section 9(4)(b) of that Act”

27

Page 3, line 24, at end insert—

“( )   an offence under section 30(1) or (2) of that Act which is committed
in relation to—

(i)   an order which was made on the application of the
Gangmasters and Labour Abuse Authority, or

(ii)   an order which was made under section 14 of that Act and
which falls within subsection (4A) below;

( )   an offence under section (Offence);”

BARONESS HAMWEE

LORD PADDICK

28

Page 3, line 25, after “offence” insert “relating to the protection of workers”

LORD BATES

29

Page 3, line 26, at end insert—

“( )   an offence of attempting or conspiring to commit an offence
mentioned in paragraphs (a) to (f);

( )   an offence under Part 2 of the Serious Crime Act 2007 in relation to
an offence so mentioned;

( )   an offence of inciting a person to commit an offence so mentioned;

( )   an offence of aiding, abetting, counselling or procuring the
commission of an offence so mentioned.”

30

Page 3, line 26, at end insert—

“(4A)    An order made under section 14 of the Modern Slavery Act 2015 falls
within this subsection if—

(a)   the order was made following the conviction of the defendant of an
offence mentioned in subsection (4)(d) or (e), and

(b)   the prosecution resulted from an investigation conducted by a
labour abuse prevention officer (within the meaning of section 114B
of the Police and Criminal Evidence Act 1984).”

31

Page 3, line 27, leave out subsection (5)

BARONESS HAMWEE

LORD PADDICK

32

Page 3, line 28, leave out “2, 4, 5, 6 or 7” and insert “4, 5 or 6”

33

Page 3, line 31, leave out subsection (6) and insert—

“( )     In this section “worker” means an individual who does work to which this
Part applies.

( )     A person is not prevented from being a worker for the purposes of this Part
by reason of the fact that he or she has no right to be, or to work, in the
United Kingdom.”

34

Page 3, line 31, leave out “In this section” and insert “For the purposes of
subsection (4)(d) and (e)”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

35

Page 3, line 33, at end insert—

“( )     A person is not prevented from being defined under subsection (6) as a
“worker”, or a person seeking work, for the purposes of this section by
reason of the fact that he has no right to be, or to work, in the United
Kingdom.”

Clause 4

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

LORD PADDICK

36

Page 3, line 42, leave out paragraph (a) and insert—

“( )   an assessment of the extent to which the strategy developed under
section 2 has—

(i)   addressed non-compliance in the labour market,

(ii)   improved the provision of remedies for victims of non-
compliance in the labour market, and

(iii)   overcome the threats and obstacles to effective labour
market enforcement,”

Clause 5

BARONESS HAMWEE

LORD PADDICK

37

Page 4, line 20, leave out “must not contain” and insert “may at the discretion of the
Secretary of State exclude”

Clause 6

BARONESS HAMWEE

LORD PADDICK

38

Page 4, line 30, leave out “must” and insert “may”

After Clause 7

LORD BATES

39

Insert the following new Clause—

“Gangmasters and Labour Abuse Authority

Renaming of Gangmasters Licensing Authority

(1)     The Gangmasters Licensing Authority is renamed the Gangmasters and
Labour Abuse Authority.

(2)     In any enactment passed before the day on which this section comes into
force, and in any instrument or other document made before that day,
references to the Gangmasters Licensing Authority are to be read, in
relation to any time on or after that day, as references to the Gangmasters
and Labour Abuse Authority.”

40

Insert the following new Clause—

“Functions in relation to labour market

(1)     Schedule (Functions in relation to labour market) (functions in relation to
labour market) has effect.

(2)     The Secretary of State may by regulations confer other functions on the
Gangmasters and Labour Abuse Authority or its officers.”

41

Insert the following new Clause—

“PACE powers in England and Wales for labour abuse prevention officers

(1)     After section 114A of the Police and Criminal Evidence Act 1984 insert—

“114B           Application of Act to labour abuse prevention officers

(1)     The Secretary of State may by regulations apply any provision of
this Act which relates to investigations of offences conducted by
police officers to investigations of labour market offences
conducted by labour abuse prevention officers.

(2)     The regulations may apply provisions of this Act with any
modifications specified in the regulations.

(3)     In this section “labour abuse prevention officer” means an officer of
the Gangmasters and Labour Abuse Authority who—

(a)   falls within subsection (4), and

(b)   is authorised (whether generally or specifically) by the
Secretary of State for the purposes of this section.

(4)     An officer of the Gangmasters and Labour Abuse Authority falls
within this subsection if he or she is—

(a)   acting for the purposes of the Employment Agencies Act
1973 (see section 8A of that Act),

(b)   acting for the purposes of the National Minimum Wage Act
1998 (see section 13 of that Act),

(c)   acting for the purposes of the Gangmasters (Licensing) Act
2004 as an enforcement officer within the meaning of section
15 of that Act,

(d)   acting for the purposes of Part 1 or 2 of the Modern Slavery
Act 2015 (see sections 11A and 30A of that Act), or

(e)   acting for any other purpose prescribed in regulations made
by the Secretary of State.

(5)     The investigations for the purposes of which provisions of this Act
may be applied by regulations under this section include
investigations of offences committed, or suspected of having been
committed, before the coming into force of the regulations or of this
section.

(6)     Regulations under this section are to be made by statutory
instrument.

(7)     Regulations under this section may make—

(a)   different provision for different purposes;

(b)   provision which applies generally or for particular
purposes;

(c)   incidental, supplementary, consequential, transitional or
transitory provision or savings.

(8)     Regulations under subsection (4)(e) may, in particular, make such
provision amending, repealing or revoking any enactment as the
Secretary of State considers appropriate in consequence of any
provision made by the regulations.

(9)     A statutory instrument containing regulations under this section
which amend or repeal any provision of an Act of Parliament may
not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.

(10)     Any other statutory instrument containing regulations under this
section is subject to annulment in pursuance of a resolution of either
House of Parliament.

(11)     In this section—

“enactment” includes an enactment contained in subordinate
legislation within the meaning of the Interpretation Act
1978;

“labour market offence” has the meaning given in section 3 of
the Immigration Act 2016.”

(2)     In section 18 of the Gangmasters (Licensing) Act 2004 (obstruction of
officers), in subsection (1)(a), after “this Act” insert “or functions conferred
by virtue of section 114B of the Police and Criminal Evidence Act 1984
(application of that Act to Authority officers)”.”

42

Insert the following new Clause—

“Relationship with other agencies: requests for assistance

(1)     The Gangmasters (Licensing) Act 2004 is amended as follows.

(2)     Before section 23 (but after the italic heading before it) insert—

“22A          Relationship with other agencies: requests for assistance

(1)     The Authority may request any relevant person to provide
assistance to the Authority or any of its officers.

(2)     The Authority may make a request under subsection (1) only if it
considers that the assistance would facilitate the exercise of any
function by the Authority or any of its officers.

(3)     Any relevant person may request the Authority to provide
assistance to the relevant person.

(4)     A relevant person may make a request under subsection (3) only if
the person considers that the assistance would facilitate the exercise
by the person of any function.

(5)     A request under this section must—

(a)   set out what assistance is being requested, and

(b)   explain how the assistance would facilitate the exercise of
the function.

(6)     A person who receives a request under this section must respond to
it in writing within a reasonable period.

(7)     Each of the following is a “relevant person”—

(a)   a chief officer of police for a police area in England and
Wales;

(b)   the National Crime Agency;

(c)   a National Crime Agency officer;

(d)   a person appointed as an immigration officer under
paragraph 1 of Schedule 2 to the Immigration Act 1971;

(e)   any other person prescribed or of a prescribed description.

(8)     Before making regulations under this section the Secretary of State
must obtain the consent of—

(a)   the Scottish Ministers, if the regulations prescribe a person
who exercises, or a description of persons who exercise, any
function in a case where provision conferring the function
would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament;

(b)   the Welsh Ministers, if the regulations prescribe a person
who exercises, or a description of persons who exercise, any
function in a case where provision conferring the function
would be within the legislative competence of the National
Assembly for Wales if contained in an Act of that Assembly;

(c)   the consent of the Office of the First Minister and deputy
First Minister, if the regulations prescribe a person who
exercises, or a description of persons who exercise, any
function in a case where provision conferring the function
would be within the legislative competence of the Northern
Ireland Assembly if contained in an Act of that Assembly
made without the consent of the Secretary of State.”

(3)     In section 25 (regulations, rules and orders), in subsection (5)—

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

(b)   at the end insert “, or

(c)   section 22A(8)(e) (regulations adding to the
definition of “relevant persons”).””

43

Insert the following new Clause—

“Labour market enforcement undertakings

Power to request LME undertaking

(1)     This section applies where an enforcing authority believes that a person has
committed, or is committing, a trigger offence.

(2)     An enforcing authority may give a notice to the person—

(a)   identifying the trigger offence which the authority believes has
been or is being committed;

(b)   giving the authority’s reasons for the belief;

(c)   inviting the person to give the authority a labour market
enforcement undertaking in the form attached to the notice.

(3)     A labour market enforcement undertaking (an “LME undertaking”) is an
undertaking by the person giving it (the “subject”) to comply with any
prohibitions, restrictions and requirements set out in the undertaking, as to
which see section (Measures in LME undertakings).

(4)     “Trigger offence” means—

(a)   an offence under the Employment Agencies Act 1973 other than one
under section 9(4)(b) of that Act;

(b)   an offence under the National Minimum Wage Act 1998;

(c)   an offence under the Gangmasters (Licensing) Act 2004;

(d)   any other offence prescribed by regulations made by the Secretary
of State;

(e)   an offence of attempting or conspiring to commit an offence
mentioned in paragraphs (a) to (d);

(f)   an offence under Part 2 of the Serious Crime Act 2007 in relation to
an offence so mentioned;

(g)   an offence of inciting a person to commit an offence so mentioned;

(h)   an offence of aiding, abetting, counselling or procuring the
commission of an offence so mentioned.

(5)     “Enforcing authority”—

(a)   in relation to a trigger offence under the Employment Agencies Act
1973, means the Secretary of State or any authority whose officers
are acting for the purposes of that Act (see section 8A of that Act);

(b)   in relation to a trigger offence under the National Minimum Wage
Act 1998, means the Secretary of State or any authority whose
officers are acting for the purposes of that Act (see section 13 of that
Act);

(c)   in relation to a trigger offence under the Gangmasters (Licensing)
Act 2004, means the Secretary of State or any authority whose
officers are acting as enforcement officers for the purposes of that
Act (see section 15 of that Act);

(d)   in relation to an offence which is a trigger offence by virtue of
subsection (4)(d) (including an offence mentioned in subsection
(4)(e) to (h) in connection with such an offence), has the meaning
prescribed in regulations made by the Secretary of State.

(6)     In subsection (5), a reference to an offence under an Act includes a reference
to an offence mentioned in subsection (4)(e) to (h) in connection with such
an offence.

(7)     In this section references to the Gangmasters (Licensing) Act 2004 are
references to that Act only so far as it applies in relation to England and
Wales and Scotland.”

44

Insert the following new Clause—

“Measures in LME undertakings

(1)     An LME undertaking may include a prohibition, restriction or requirement
(each a “measure”) if, and only if—

(a)   the measure falls within subsection (2) or (3) (or both), and

(b)   the enforcing authority considers that the measure is just and
reasonable.

(2)     A measure falls within this subsection if it is for the purpose of—

(a)   preventing or reducing the risk of the subject not complying with
any requirement imposed by or under the relevant enactment, or

(b)   bringing to the attention of persons likely to be interested in the
matter—

(i)   the existence of the LME undertaking,

(ii)   the circumstances in which it was given, and

(iii)   any action taken (or not taken) by the subject in order to
comply with the undertaking.

(3)     A measure falls within this subsection if it is prescribed, or is of a
description prescribed, in regulations made by the Secretary of State.

(4)     The enforcing authority must not—

(a)   invite the subject to give an LME undertaking, or

(b)   agree to the form of an undertaking,

unless the authority believes that at least one measure in the undertaking
is necessary for the purpose mentioned in subsection (5).

(5)     That purpose is preventing or reducing the risk of the subject—

(a)   committing a further trigger offence under the relevant enactment,
or

(b)   continuing to commit the trigger offence.

(6)     An LME undertaking must set out how each measure included for the
purpose mentioned in subsection (2)(a) is expected to achieve that purpose.

(7)     In this section, the “relevant enactment” means the enactment under which
the enforcing authority believes the trigger offence concerned has been or
is being committed.”

45

Insert the following new Clause—

“Duration

(1)     An LME undertaking has effect from when it is accepted by the enforcing
authority or from the later time specified in it for this purpose.

(2)     An LME undertaking has effect for the period specified in it but the
maximum period for which an undertaking may have effect is 2 years.

(3)     The enforcing authority may release the subject from an LME undertaking.

(4)     The enforcing authority must release the subject from an LME undertaking
if at any time during the period for which it has effect the authority believes
that no measure in it is necessary for the purpose mentioned in section
(Measures in LME undertakings)(5).

(5)     If the enforcing authority releases the subject from an LME undertaking it
must take such steps as it considers appropriate to bring that fact to the
attention of—

(a)   the subject;

(b)   any other persons likely to be interested in the matter.”

46

Insert the following new Clause—

“Further provision about giving notice under section (Power to request LME
undertaking
)

(1)     A notice may be given under section (Power to request LME undertaking) to
a person by—

(a)   delivering it to the person,

(b)   leaving it at the person’s proper address,

(c)   sending it by post to the person at that address, or

(d)   subject to subsection (6), sending it to the person by electronic
means.

(2)     A notice to a body corporate may be given to any officer of that body.

(3)     A notice to a partnership may be given to any partner.

(4)     A notice to an unincorporated association (other than a partnership) may
be given to any member of the governing body of the association.

(5)     For the purposes of this section and of section 7 of the Interpretation Act
1978 (service of documents by post) in its application to this section, the
proper address of a person is the person’s last known address (whether of
the person’s residence or of a place where the person carries on business or
is employed) and also—

(a)   in the case of a body corporate or an officer of the body, the address
of the body’s registered or principal office in the United Kingdom;

(b)   in the case of a partnership or a partner, the address of the principal
office of the partnership in the United Kingdom;

(c)   in the case of an unincorporated association (other than a
partnership) or a member of its governing body, the principal office
of the association in the United Kingdom.

(6)     A notice may be sent to a person by electronic means only if—

(a)   the person has indicated that notices under section (Power to request
LME undertaking
) may be given to the person by being sent to an
electronic address and in an electronic form specified for that
purpose, and

(b)   the notice is sent to that address in that form.

(7)     A notice sent to a person by electronic means is, unless the contrary is
proved, to be treated as having been given on the working day
immediately following the day on which it was sent.

(8)     In this section—

“electronic address” means any number or address used for the
purposes of sending or receiving documents or information by
electronic means;

“officer”, in relation to a body corporate, means a director, manager,
secretary or other similar officer of the body;

“working day” means a day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a bank holiday under the Banking
and Financial Dealings Act 1971 in any part of the United
Kingdom.”

47

Insert the following new Clause—

“Labour market enforcement orders

Power to make LME order on application

(1)     The appropriate court may, on an application by an enforcing authority
under section (Applications), make a labour market enforcement order
against a person if the court—

(a)   is satisfied, on the balance of probabilities, that the person has
committed, or is committing, a trigger offence, and

(b)   considers that it is just and reasonable to make the order.

(2)     A labour market enforcement order (an “LME order”) is an order which—

(a)   prohibits or restricts the person against whom it is made (“the
respondent”) from doing anything set out in the order;

(b)   requires the respondent to do anything set out in the order.

See section (Measures in LME orders).

(3)     In this section “the appropriate court”—

(a)   where the conduct constituting the trigger offence took or is taking
place primarily in England and Wales, means a magistrates’ court;

(b)   where that conduct took or is taking place primarily in Scotland,
means the sheriff;

(c)   where that conduct took or is taking place primarily in Northern
Ireland, means a court of summary jurisdiction.

(4)     An application for an LME order under this section is—

(a)   in England and Wales, to be made by complaint;

(b)   in Northern Ireland, to be made by complaint under Part 8 of the
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675
(N.I. 26)).”

48

Insert the following new Clause—

“Applications

(1)     An enforcing authority may apply for an LME order to be made under
section (Power to make LME order on application) against a person (the
“proposed respondent”) if—

(a)   the authority has served a notice on the proposed respondent under
section (Power to request LME undertaking), and

(b)   the proposed respondent—

(i)   refuses to give an LME undertaking, or

(ii)   otherwise fails, before the end of the negotiation period, to
give an LME undertaking in the form attached to the notice
or in such other form as may be agreed with the enforcing
authority.

(2)     An enforcing authority may also apply for an LME order if the proposed
respondent—

(a)   has given an LME undertaking to the enforcing authority, and

(b)   has failed to comply with the undertaking.

(3)     In subsection (1) “the negotiation period” means—

(a)   the period of 14 days beginning with the day after that on which the
notice mentioned in paragraph (a) of that subsection was given, or

(b)   such longer period as may be agreed between the enforcing
authority and the proposed respondent.”

49

Insert the following new Clause—

“Power to make LME order on conviction

(1)     This section applies where a court deals with a person in respect of a
conviction for a trigger offence.

(2)     The court may make an LME order against the person if the court considers
it is just and reasonable to do so.

(3)     An LME order must not be made under this section except—

(a)   in addition to a sentence imposed in respect of the offence
concerned, or

(b)   in addition to an order discharging the person conditionally or, in
Scotland, discharging the person absolutely.”

50

Insert the following new Clause—

“Measures in LME orders

(1)     An LME order may include a prohibition, restriction or requirement (each
a “measure”) if, and only if, the measure falls within subsection (2) or (3) (or
both).

(2)     A measure falls within this subsection if it is for the purpose of—

(a)   preventing or reducing the risk of the respondent not complying
with any requirement imposed by or under the relevant enactment,
or

(b)   bringing to the attention of persons likely to be interested in the
matter—

(i)   the existence of the LME order,

(ii)   the circumstances in which it was made, and

(iii)   any action taken (or not taken) by the respondent in order to
comply with the order.

(3)     A measure falls within this subsection if it is prescribed, or is of a
description prescribed, in regulations made by the Secretary of State.

(4)     Where an LME order includes a measure for the purpose mentioned in
subsection (2)(a), the order must set out how the measure is expected to
achieve that purpose.

(5)     In this section the “relevant enactment” means the enactment under which
the trigger offence concerned has been or is being committed.”

51

Insert the following new clause—

“Further provision about LME orders

(1)     An LME order has effect for the period specified in it but the maximum
period for which an order may have effect is 2 years.

(2)     An LME order may not be made against an individual who is under 18.

(3)     If a court makes an LME order, the court may also—

(a)   release the respondent from any LME undertaking given in relation
to the trigger offence concerned;

(b)   discharge any other LME order which is in force against the
respondent.”

52

Insert the following new Clause—

“Variation and discharge

(1)     The appropriate court may by order vary or discharge an LME order—

(a)   on the application of the respondent;

(b)   if the order was made under section (Power to make LME order on
application
), on the application of the enforcing authority who
applied for the order;

(c)   if the order was made under section (Power to make LME order on
conviction
), on the application of the enforcing authority whose
officer conducted the investigation which resulted in the
prosecution of the respondent for the trigger offence.

(2)     In this section “the appropriate court”—

(a)   in relation to an LME order made on an application under section
(Power to make LME order on application), means the court that made
the order;

(b)   in relation to an order made in England and Wales under section
(Power to make LME order on conviction), means a magistrates’ court;

(c)   in relation to such an order made in Scotland, means the sheriff;

(d)   in relation to such an order made in Northern Ireland, means a
court of summary jurisdiction.

(3)     An application for an order under this section is—

(a)   if made to a magistrates’ court in England and Wales, to be made
by complaint;

(b)   if made to a court of summary jurisdiction in Northern Ireland, to
be made by complaint under Part 8 of the Magistrates’ Courts
(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).”

53

Insert the following new Clause—

“Appeals

(1)     A respondent may appeal against—

(a)   the making of an LME order on an application under section (Power
to make LME order on application
);

(b)   the making of, or refusal to make, an order under section (Variation
and discharge
).

(2)     An appeal under subsection (1) is to be made—

(a)   where the order was made or refused by a magistrates’ court in
England and Wales, to the Crown Court;

(b)   where the order was made or refused by the sheriff, to the Sheriff
Appeal Court;

(c)   where the order was made or refused by a court of summary
jurisdiction in Northern Ireland, to a county court.

(3)     On an appeal under subsection (1) the court hearing the appeal may make
such orders as may be necessary to give effect to its determination of the
appeal, and may also make such incidental or consequential orders as
appear to it to be just and reasonable.

(4)     An LME order that has been varied by virtue of subsection (3) remains an
order of the court that first made it for the purposes of section (Variation and
discharge
).

(5)     A respondent may appeal against the making of an LME order under
section (Power to make LME order on conviction) as if the order were a
sentence passed on the respondent for the trigger offence.”

54

Insert the following new Clause—

“LME undertakings and orders: supplementary

Code of practice

(1)     The Secretary of State must issue a code of practice giving guidance to
enforcing authorities about the exercise of their functions under sections
(Power to request LME undertaking) to (Variation and discharge).

(2)     The Secretary of State may revise the code from time to time.

(3)     The Secretary of State must lay before Parliament, and publish, the code
and any revised code.

(4)     An enforcing authority must have regard to the current version of the code
in exercising its functions under sections (Power to request LME undertaking)
to (Variation and discharge).”

55

Insert the following new Clause—

“Investigative functions

(1)     An officer acting for the purposes of the Employment Agencies Act 1973—

(a)   may also act for the purposes of taking action where it appears that
a person has failed to comply with an LME undertaking or an LME
order where the trigger offence to which the undertaking or order
relates is an offence under that Act, and

(b)   in doing so, has the same powers and duties as he or she has when
acting for the purposes of that Act.

(2)     An officer acting for the purposes of the National Minimum Wage Act
1998—

(a)   may also act for the purposes of taking action where it appears that
a person has failed to comply with an LME undertaking or an LME
order where the trigger offence to which the undertaking or order
relates is an offence under that Act, and

(b)   in doing so, has the same powers and duties as he or she has when
acting for the purposes of that Act.

(3)     An officer acting as an enforcement officer for the purposes of the
Gangmasters (Licensing) Act 2004—

(a)   may also act for the purposes of taking action where it appears that
a person has failed to comply with an LME undertaking or an LME
order where the trigger offence to which the undertaking or order
relates is an offence under that Act, and

(b)   in doing so, has the same powers and duties as he or she has when
acting as an enforcement officer for the purposes of that Act.

(4)     In this section references to the Gangmasters (Licensing) Act 2004 are
references to that Act only so far as it applies in relation to England and
Wales and Scotland.”

56

Insert the following new Clause—

“Offence

(1)     A person against whom an LME order is made commits an offence if the
person, without reasonable excuse, fails to comply with the order.

(2)     A person guilty of an offence under this section is liable—

(a)   on conviction on indictment, to imprisonment for a term not
exceeding 2 years, to a fine or to both;

(b)   on summary conviction in England and Wales, to imprisonment for
a term not exceeding 12 months, to a fine or to both;

(c)   on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months, to a fine not exceeding the statutory
maximum or to both;

(d)   on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months, to a fine not exceeding the statutory
maximum or to both.

(3)     In relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003, the reference in subsection (2)(b) to
12 months is to be read as a reference to 6 months.”

57

Insert the following new Clause—

“Offences by bodies corporate

(1)     If an offence under section (Offence) committed by a body corporate is
proved—

(a)   to have been committed with the consent or connivance of an officer
of the body, or

(b)   to be attributable to any neglect on the part of such an officer,

the officer, as well as the body corporate, is guilty of the offence and liable
to be proceeded against and punished accordingly.

(2)     In subsection (1) “officer”, in relation to a body corporate, means—

(a)   a director, manager, secretary or other similar officer of the body;

(b)   a person purporting to act in any such capacity.

(3)     If the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member in connection
with the member’s functions of management as if the member were a
director of the body corporate.”

58

Insert the following new Clause—

“Application to unincorporated associations

(1)     In a case falling within subsection (2), an unincorporated association is to
be treated as a legal person for the purposes of sections (Power to request
LME undertaking
) to (Offence).

(2)     A case falls within this subsection if it relates to a trigger offence for which
it is possible to bring proceedings against an unincorporated association in
the name of the association.

(3)     Proceedings for an offence under section (Offence) alleged to have been
committed by an unincorporated association may be brought against the
association in the name of the association.

(4)     For the purposes of such proceedings—

(a)   rules of court relating to the service of documents have effect as if
the association were a body corporate, and

(b)   the following provisions apply as they apply in relation to a body
corporate—

(i)   section 33 of the Criminal Justice Act 1925 and Schedule 3 to
the Magistrates’ Courts Act 1980;

(ii)   sections 70 and 143 of the Criminal Procedure (Scotland) Act
1995;

(iii)   section 18 of the Criminal Justice Act (Northern Ireland)
1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts
(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I 26)).

(5)     A fine imposed on the association on its conviction of an offence is to be
paid out of the funds of the association.

(6)     If an offence under section (Offence) committed by an unincorporated
association is proved—

(a)   to have been committed with the consent or connivance of an officer
of the association, or

(b)   to be attributable to any neglect on the part of such an officer,

the officer, as well as the association, is guilty of the offence and liable to be
proceeded against and punished accordingly.

(7)     In subsection (6) “officer”, in relation to any association, means—

(a)   an officer of the association or a member of its governing body;

(b)   a person purporting to act in such a capacity.”

59

Insert the following new Clause—

“Application to partnerships

(1)     If an offence under section (Offence) committed by a partner of a
partnership which is not regarded as a legal person is shown—

(a)   to have been committed with the consent or connivance of another
partner, or

(b)   to be attributable to any neglect on the part of another partner,

that other partner, as well as the first-mentioned partner, is guilty of the
offence and liable to be proceeded against and punished accordingly.

(2)     Proceedings for an offence under section (Offence) alleged to have been
committed by a partnership which is regarded as a legal person may be
brought against the partnership in the firm name.

(3)     For the purposes of such proceedings—

(a)   rules of court relating to the service of documents have effect as if
the partnership were a body corporate, and

(b)   the following provisions apply as they apply in relation to a body
corporate—

(i)   section 33 of the Criminal Justice Act 1925 and Schedule 3 to
the Magistrates’ Courts Act 1980;

(ii)   sections 70 and 143 of the Criminal Procedure (Scotland) Act
1995;

(iii)   section 18 of the Criminal Justice Act (Northern Ireland)
1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts
(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I 26)).

(4)     A fine imposed on a partnership on its conviction of an offence is to be paid
out of the funds of the partnership.

(5)     If an offence under section (Offence) committed by a partnership is
proved—

(a)   to have been committed with the consent or connivance of a
partner, or

(b)   to be attributable to any neglect on the part of a partner,

the partner, as well as the partnership, is guilty of the offence and liable to
be proceeded against and punished accordingly.

(6)     In subsections (1) and (5) “partner” includes a person purporting to act as
a partner.

(7)     For the purposes of this section a partnership is, or is not, “regarded as a
legal person” if it is, or is not, so regarded under the law of the country or
territory under which it was formed.”

60

Insert the following new Clause—

“Supplementary provision

Consequential and related amendments

Schedule (Consequential and related amendments) (consequential and related
amendments) has effect.”

61

Insert the following new Clause—

“Regulations under sections 1 to (Interpretation)

(1)     The Secretary of State must obtain the consent of the Scottish Ministers
before making—

(a)   regulations under section 3 or (Power to request LME undertaking)
which prescribe a requirement, function or offence in a case where
provision imposing the requirement, conferring the function or
creating the offence would be within the legislative competence of
the Scottish Parliament if contained in an Act of that Parliament,
and

(b)   regulations under section (Functions in relation to labour market)
which confer a function in a case where provision conferring the
function would be within the legislative competence of that
Parliament if contained in an Act of that Parliament.

(2)     The Secretary of State must obtain the consent of the Welsh Ministers
before making—

(a)   regulations under section 3 or (Power to request LME undertaking)
which prescribe a requirement, function or offence in a case where
provision imposing the requirement, conferring the function or
creating the offence would be within the legislative competence of
the National Assembly for Wales if contained in an Act of that
Assembly, and

(b)   regulations under section (Functions in relation to labour market)
which confer a function in a case where provision conferring the
function would be within the legislative competence of that
Assembly if contained in an Act of that Assembly.

(3)     The Secretary of State must obtain the consent of the Office of the First
Minister and deputy First Minister before making—

(a)   regulations under section 3 or (Power to request LME undertaking)
which prescribe a requirement, function or offence in a case where
provision imposing the requirement, conferring the function or
creating the offence would be within the legislative competence of
the Northern Ireland Assembly if contained in an Act of that
Assembly made without the consent of the Secretary of State, and

(b)   regulations under section (Functions in relation to labour market)
which confer a function in a case where provision conferring the
function would be within the legislative competence of that
Assembly if contained in an Act of that Assembly made without the
consent of the Secretary of State.

(4)     Regulations under section 3, (Functions in relation to labour market) or (Power
to request LME undertaking
) may make such provision amending, repealing
or revoking any provision of any enactment, including sections 1 to
(Interpretation), as the Secretary of State considers appropriate in
consequence of the regulations.”

62

Insert the following new Clause—

“Interpretation

In sections 1 to (Interpretation)—

“enactment” includes—

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

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

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

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

“enforcing authority” has the meaning given by section (Power to
request LME undertaking
);

“financial year” means a period of 12 months ending with 31 March;

“labour market enforcement function” has the meaning given by
section 3;

“LME order” has the meaning given by section (Power to make LME
order on application
);

“LME undertaking” has the meaning given by section (Power to request
LME undertaking
);

“non-compliance in the labour market” has the meaning given by
section 3;

“respondent” has the meaning given by section (Power to make LME
order on application
);

“subject” has the meaning given by section (Power to request LME
undertaking
);

“trigger offence” has the meaning given by section (Power to request
LME undertaking
).”

Clause 8

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

LORD PADDICK

63

Page 5, line 6, at end insert “, without reasonable excuse,”

BARONESS HAMWEE

LORD PADDICK

64

Page 6, line 39, at end insert—

“( )   voluntary work or volunteering”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 8
stand part of the Bill.

Clause 9

LORD BATES

65

Page 7, line 6, leave out subsection (1) and insert—

“(1)     Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of
knowingly employing illegal worker) is amended in accordance with
subsections (1A) to (2).

(1A)    In subsection (1) for the words from “an adult” to the end of the subsection
substitute “disqualified from employment by reason of the employee’s
immigration status.”

(1B)    After subsection (1) insert—

“(1A)    A person commits an offence if the person—

(a)   employs another person (“the employee”) who is
disqualified from employment by reason of the employee’s
immigration status, and

(b)   has reasonable cause to believe that the employee is
disqualified from employment by reason of the employee’s
immigration status.

(1B)    For the purposes of subsections (1) and (1A) a person is disqualified
from employment by reason of the person’s immigration status if
the person is an adult subject to immigration control and—

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

(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
curtailment, revocation, cancellation, passage of
time or otherwise), or

(iii)   is subject to a condition preventing the person from
accepting the employment.””

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

66

Page 7, line 7, leave out from “worker)” to end of line 8 and insert “, for subsection
(1) substitute—

“( )     A person commits an offence if he knowingly or recklessly employs
an adult subject to immigration control, where—

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

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

(i)   is invalid,

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

(iii)   is subject to a condition preventing him from
accepting the employment.””

BARONESS HAMWEE

LORD PADDICK

67

Page 7, line 7, leave out from “(1)” to end of line 8 and insert “leave out the words
after first “that” to the end of the line and insert “or being reckless as to whether
the employee is an adult subject to immigration control and that (or whether)””

LORD BATES

68

Page 7, line 9, leave out “In that section,”

69

Page 7, line 10, at end insert—

“(2A)    Section 22 of the Immigration, Asylum and Nationality Act 2006 (offences
by bodies corporate etc) is amended in accordance with subsections (2B)
and (2C).

(2B)    After subsection (1) insert—

“(1A)    For the purposes of section 21(1A) a body (whether corporate or
not) shall be treated as having reasonable cause to believe a fact
about an employee if a person who has responsibility within the
body for an aspect of the employment has reasonable cause to
believe that fact.”

(2C)    In each of subsections (2) and (4) after “21(1)” insert “or (1A)”.

(2D)    In section 24(a) of the Immigration, Asylum and Nationality Act 2006
(temporary admission etc) for “21(1)” substitute “21(1B)”.”

70

Page 7, line 17, after “21(1)” insert “or (1A)”

After Clause 9

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

71*

Insert the following new Clause—

“Review of the remit of the Gangmasters Licensing Authority

(1)     The Secretary of State shall undertake a review of the remit of the
Gangmasters Licensing Authority.

(2)     The review under subsection (1) must consider—

(a)   the possible necessity of, and evidence for, an extension of the remit
of the Authority as a result of the provisions included in this Act,
and

(b)   whether any additional resources will be required should a review
recommend that the Authority’s remit be extended.

(3)     The Secretary of State must lay a report detailing the review and its
conclusions before both Houses of Parliament, within one year of the
passing of this Act.

(4)     The Secretary of State may by regulations made by statutory instrument
amend section 3 of the Gangmasters (Licensing) Act 2004 (work to which
this Act applies) to include other areas of work where the Secretary of State
believes abuse and exploitation of workers may be taking place, and must
allocate additional resources accordingly.

(5)     A statutory instrument containing regulations under this section may not
be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.”

BARONESS HAMWEE

LORD PADDICK

72

Insert the following new Clause—

“Gangmasters Licensing Authority: powers of officers

In section 16(5) of the Gangmasters (Licensing) Act 2004 (powers of
officers) after paragraph (b) insert—

“(ba)   an organisation that takes a supply of goods, produce or
services from a person falling within paragraph (b) or any
intermediary organisation operating between such a person
and any other person falling within this subsection,”.”

Before Schedule 1

LORD BATES

73

Insert the following new Schedule—

““SCHEDULE

FUNCTIONS IN RELATION TO LABOUR MARKET

Employment Agencies Act 1973 (c. 35)

1      The Employment Agencies Act 1973 is amended as follows.

2      Before section 9 insert—

“8A Appointment of officers

(1)     The Secretary of State may—

9

(a)   appoint officers to act for the purposes of this Act, and

(b)   instead of or in addition to appointing any officers under
this section, arrange with any relevant authority for
officers of that authority to act for those purposes.

(2)     The following are relevant authorities—

(a)   any Minister of the Crown or government department;

(b)   any body performing functions on behalf of the Crown;

(c)   the Gangmasters and Labour Abuse Authority.”

3   (1)     Section 9 (inspection) is amended as follows.

(2)     Before subsection (1) insert—

“(A1)    This section does not apply to an officer acting for the purposes
of this Act in relation to England and Wales if the officer is a
labour abuse prevention officer within the meaning of section
114B of the Police and Criminal Evidence Act 1984 (PACE
powers for labour abuse prevention officers).”

(3)     In subsection (1), for “duly authorised in that behalf by the Secretary of
State” substitute “acting for the purposes of this Act”.

(4)     In subsection (4)(a), in each of subparagraphs (ii) and (iii), for “or servant
appointed by, or person exercising functions on behalf of, the Secretary
of State” substitute “acting for the purposes of this Act,”.

National Minimum Wage Act 1998 (c. 39)

4      The National Minimum Wage Act 1998 is amended as follows.

5      In section 13 (appointment of officers for enforcement)—

(a)   in subsection (1)(b), for the words from “Minister of the Crown”
to “body shall” substitute “relevant authority for officers of that
authority to”;

(b)   after subsection (1) insert—

“(1A)    The following are relevant authorities—

(a)   any Minister of the Crown or government
department;

(b)   any body performing functions on behalf of the
Crown;

(c)   the Gangmasters and Labour Abuse Authority.”

6      In section 14 (powers of officers) before subsection (1) insert—

“(A1)    This section does not apply to an officer acting for the purposes
of this Act in relation to England and Wales if the officer is a
labour abuse prevention officer within the meaning of section
114B of the Police and Criminal Evidence Act 1984 (PACE
powers for labour abuse prevention officers).”

Modern Slavery Act 2015 (c. 30)

7      The Modern Slavery Act 2015 is amended as follows.

8      Before section 12 (but after the italic heading before it) insert—

“11A          Enforcement by Gangmasters and Labour Abuse Authority

52

(1)     The Secretary of State may make arrangements with the
Gangmasters and Labour Abuse Authority for officers of the
Authority to act for the purposes of this Part in taking action in
circumstances in which it appears that an offence under this Part
which is a labour market offence (within the meaning of section
3 of the Immigration Act 2016) has been, is being or may be
committed.

(2)     For provision about the powers of such an officer who is acting
for the purposes of this Part, see section 114B of the Police and
Criminal Evidence Act 1984 (PACE powers for labour abuse
prevention officers).”

9   (1)     Section 15 (slavery and trafficking prevention orders on application) is
amended as follows.

(2)     In subsection (1)—

(a)   omit the “or” after paragraph (b);

(b)   after paragraph (c) insert “, or

(d)   the Gangmasters and Labour Abuse Authority.”

(3)     In subsection (7)—

(a)   for “or the Director General”, in the first place it occurs, substitute
“, the Director General or the Gangmasters and Labour Abuse
Authority”;

(b)   for “or the Director General”, in the second place it occurs,
substitute “, the Director General or the Authority”.

(4)     In subsection (8)(b)—

(a)   for “or the Director General”, in the first place it occurs, substitute
“, the Director General or the Gangmasters and Labour Abuse
Authority”;

(b)   for “or the Director General”, in the second place it occurs,
substitute “, the Director General or the Authority”.

10     In section 19(7) (requirement to provide name and address)—

(a)   for “or an immigration officer” substitute “, an immigration
officer or the Gangmasters and Labour Abuse Authority”;

(b)   for “or the officer” substitute “, the officer or the Authority”.

11  (1)     Section 20 (variation, renewal and discharge) is amended as follows.

(2)     In subsection (2), after paragraph (f) insert—

“(g)   where the order was made on an application under
section 15 by the Gangmasters and Labour Abuse
Authority, the Authority.”

(3)     In subsection (9)—

(a)   for “or the Director General”, in the first place it occurs, substitute
“, the Director General or the Gangmasters and Labour Abuse
Authority”;

(b)   for “or the Director General”, in the second and third places it
occurs, substitute “, the Director General or the Authority”.

12  (1)     Section 23 (slavery and trafficking risk orders) is amended as follows.

(2)     In subsection (1)—

(a)   omit the “or” after paragraph (b);

(b)   after paragraph (c) insert “, or

(d)   the Gangmasters and Labour Abuse Authority.”

(3)     In subsection (6)—

(a)   for “or the Director General”, in the first place it occurs, substitute
“, the Director General or the Gangmasters and Labour Abuse
Authority”;

(b)   for “or the Director General”, in the second place it occurs,
substitute “, the Director General or the Authority”.

(4)     In subsection (7)(b)—

(a)   for “or the Director General” substitute “, the Director General or
the Gangmasters and Labour Abuse Authority”;

(b)   for “or Director General” substitute “, the Director General or the
Authority”.

13     In section 26(7) (requirement to provide name and address)—

(a)   for “or an immigration officer” substitute “, an immigration
officer or the Gangmasters and Labour Abuse Authority”;

(b)   for “or the officer” substitute “, the officer or the Authority”.

14  (1)     Section 27 (variation, renewal and discharge) is amended as follows.

(2)     In subsection (2), after paragraph (f) insert—

“(g)   where the order was made on an application by the
Gangmasters and Labour Abuse Authority, the
Authority.”

(3)     In subsection (7)—

(a)   for “or the Director General” in the first place it occurs, substitute
“, the Director General or the Gangmasters and Labour Abuse
Authority”;

(b)   for “or the Director General” in the second and third places it
occurs, substitute “, the Director General or the Authority”.

15     After section 30 (offences) insert—

“30A          Enforcement by Gangmasters and Labour Abuse Authority

128

(1)     The Secretary of State may make arrangements with the
Gangmasters and Labour Abuse Authority for officers of the
Authority to act for the purposes of this Part in taking action in
circumstances in which it appears that an offence under this Part
which is a labour market offence (within the meaning of section
3 of the Immigration Act 2016) has been, is being or may be
committed.

(2)     For provision about the powers of such an officer who is acting
for the purposes of this Part, see section 114B of the Police and
Criminal Evidence Act 1984 (PACE powers for labour abuse
prevention officers).”

16     In section 33 (guidance), in subsection (1) for “and the Director General
of the National Crime Agency” substitute “, the Director General of the
National Crime Agency and the Gangmasters and Labour Abuse
Authority”.”

BARONESS HAMWEE

LORD PADDICK

[Amendments 74 to 76 are amendments to Amendment 73]

74*

Line 9, after “of” insert “making applications to a tribunal or undertaking
inspections under”

75*

Line 52, after “arrangements” insert “, for which resources have been made
available,”

76*

Line 129, after “arrangements” insert “, for which resources have been made
available,”

LORD BATES

77

Insert the following new Schedule—

““SCHEDULE

CONSEQUENTIAL AND RELATED AMENDMENTS

Public Records Act 1958 (c. 51)

1      In the Public Records Act 1958, in Schedule 1 (definition of public
records), in Part 2 of the Table at the end of paragraph 3 (other
establishments and organisations), for “Gangmasters Licensing
Authority” substitute “Gangmasters and Labour Abuse Authority”.

Parliamentary Commissioner Act 1967 (c. 13)

2      In the Parliamentary Commissioner Act 1967, in Schedule 2
(departments etc subject to investigation)—

(a)   at the appropriate place insert “Director of Labour Market
Enforcement”;

(b)   for “Gangmasters Licensing Authority” substitute “Gangmasters
and Labour Abuse Authority”.

Superannuation Act 1972 (c. 11)

3      In the Superannuation Act 1972, in Schedule 1 (kinds of employment to
which that Act applies), under the heading “Other bodies”, for
“Gangmasters Licensing Authority” substitute “Gangmasters and
Labour Abuse Authority”.

House of Commons Disqualification Act 1975 (c. 24)

4      In the House of Commons Disqualification Act 1975, in Schedule 1
(offices disqualifying for membership)—

(a)   in Part 2 (bodies of which all members are disqualified), for
“Gangmasters Licensing Authority” substitute “Gangmasters
and Labour Abuse Authority”;

(b)   in Part 3 (other disqualifying offices), at the appropriate place
insert “Director of Labour Market Enforcement”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5      In the Northern Ireland Assembly Disqualification Act 1975, in Schedule
1 (offices disqualifying for membership)—

(a)   in Part 2 (bodies of which all members are disqualified), for
“Gangmasters Licensing Authority” substitute “Gangmasters
and Labour Abuse Authority”;

(b)   in Part 3 (other disqualifying offices), at the appropriate place
insert “Director of Labour Market Enforcement”.

Regulation of Investigatory Powers Act 2000 (c. 23)

6      In the Regulation of Investigatory Powers Act 2000, in Schedule 1
(relevant public authorities), in Part 1 (relevant authorities for purposes
of sections 28 and 29 of that Act) in paragraph 20E for “Gangmasters
Licensing Authority” substitute “Gangmasters and Labour Abuse
Authority”.

Freedom of Information Act 2000 (c. 36)

7      In the Freedom of Information Act 2000, in Schedule 1 (public
authorities), in Part 6 (other public bodies and offices: general)—

(a)   at the appropriate place insert “Director of Labour Market
Enforcement”;

(b)   for “Gangmasters Licensing Authority” substitute “Gangmasters
and Labour Abuse Authority”.

Police Reform Act 2002 (c. 30)

8      The Police Reform Act 2002 is amended as follows.

9      In section 10 (general functions of the Independent Police Complaints
Commission)—

(a)   in subsection (1), after paragraph (g) insert—

“(ga)   to carry out such corresponding functions in
relation to officers of the Gangmasters and Labour
Abuse Authority in their capacity as labour abuse
prevention officers (see section 114B of the Police
and Criminal Evidence Act 1984 (PACE powers
for labour abuse prevention officers)).”;

(b)   in subsection (3), after paragraph (bc) insert—

“(bd)   any regulations under section 26D of this Act
(labour abuse prevention officers);”.

10     After section 26C insert—

“26D           Labour abuse prevention officers

(1)     The Secretary of State may make regulations conferring functions
on the Commission in relation to the exercise of functions by
officers of the Gangmasters and Labour Abuse Authority (the
“Authority”) in their capacity as labour abuse prevention officers
(see section 114B of the Police and Criminal Evidence Act 1984
(PACE powers for labour abuse prevention officers)).

(2)     Regulations under this section may, in particular—

(a)   apply (with or without modifications), or make provision
similar to, any provision of or made under this Part;

(b)   make provision for payment by the Authority to, or in
respect of, the Commission.

(3)     The Commission and the Parliamentary Commissioner for
Administration may jointly investigate a matter in relation to
which—

(a)   the Commission has functions by virtue of this section,
and

(b)   the Parliamentary Commissioner for Administration has
functions by virtue of the Parliamentary Commissioner
Act 1967.

(4)     An officer of the Authority may disclose information to the
Commission, or to a person acting on the Commission’s behalf,
for the purposes of the exercise by the Commission, or by any
person acting on the Commission’s behalf, of an Authority
complaints function.

(5)     The Commission and the Parliamentary Commissioner for
Administration may disclose information to each other for the
purposes of the exercise of a function—

(a)   by virtue of this section, or

(b)   under the Parliamentary Commissioner Act 1967.

(6)     Regulations under this section may, in particular, make—

(a)   further provision about the disclosure of information
under subsection (4) or (5);

(b)   provision about the further disclosure of information that
has been so disclosed.

(7)     In this section “Authority complaints function” means a function
in relation to the exercise of functions by officers of the
Authority.”

Gangmasters (Licensing) Act 2004 (c. 11)

11     The Gangmasters (Licensing) Act 2004 is amended as follows.

12     In the italic heading before section 1, for “Gangmasters Licensing
Authority” substitute “Gangmasters and Labour Abuse Authority”.

13     In section 1 (Gangmasters Licensing Authority)—

(a)   in the heading, for “Gangmasters Licensing Authority”
substitute “Gangmasters and Labour Abuse Authority”;

(b)   for subsection (1) substitute—

“(1)     The body known as the Gangmasters Licensing
Authority is to continue to exist and is to be known as the
Gangmasters and Labour Abuse Authority (in this Act
referred to as “the Authority”).”;

(c)   after subsection (3) insert—

“(3A)    When carrying out functions during a year to which a
labour market enforcement strategy approved under
section 2 of the Immigration Act 2016 relates, the
Authority and its officers must carry out those functions
in accordance with the strategy.”

14     In section 2 (directions etc by the Secretary of State), in subsection (2)
after “the Authority” insert “and the Director of Labour Market
Enforcement”.

15     In section 3 (work to which Act applies)—

(a)   in subsection (5)(b), for the words from “the following nature” to
the end substitute “a prescribed description as being work to
which this Act applies”;

(b)   after subsection (5) insert—

“(6)     The Secretary of State must consult the Authority and the
Director of Labour Market Enforcement before making
regulations under subsection (5).”

16     In section 8 (general power of Authority to make rules)—

(a)   in subsection (1), after “may” insert “with the approval of the
Secretary of State”;

(b)   omit subsection (3);

(c)   after subsection (4) insert—

“(5)     The Authority may from time to time with the approval
of the Secretary of State revise the rules.

(6)     The Authority must publish any rules made or revised
under this section.”

17     In section 14 (offences: supplementary provisions) after subsection (2)
insert—

“(2A)    Subsections (1) and (2) do not apply to an enforcement officer
who is acting for the purposes of this Act in relation to England
and Wales if the officer is a labour abuse prevention officer
within the meaning of section 114B of the Police and Criminal
Evidence Act 1984 (PACE powers for labour abuse prevention
officers).”

18     In section 15 (enforcement and compliance officers) after subsection (6)
insert—

“(6A)    Subsections (5) and (6) do not apply to an enforcement officer
who is acting for the purposes of this Act in relation to England
and Wales if the officer is a labour abuse prevention officer
within the meaning of section 114B of the Police and Criminal
Evidence Act 1984 (PACE powers for labour abuse prevention
officers).”

19     In section 16 (powers of officers) before subsection (1) insert—

“(A1)    This section does not apply to an enforcement officer who is
acting for the purposes of this Act in relation to England and
Wales if the officer is a labour abuse prevention officer within the
meaning of section 114B of the Police and Criminal Evidence Act
1984 (PACE powers for labour abuse prevention officers).”

20     In section 17 (entry by warrant) before subsection (1) insert—

“(A1)    This section does not apply to an enforcement officer who is
acting for the purposes of this Act in relation to England and
Wales if the officer is a labour abuse prevention officer within the
meaning of section 114B of the Police and Criminal Evidence Act
1984 (PACE powers for labour abuse prevention officers).”

21     In section 25 (regulations, rules and orders)—

(a)   omit subsection (4);

(b)   in subsection (6), omit paragraph (b) (and the “or” before it).

22  (1)     Schedule 2 (application of Act to Northern Ireland) is amended as
follows.

(2)     In the italic heading before paragraph 3, for “Gangmasters Licensing
Authority” substitute “Gangmasters and Labour Abuse Authority”.

(3)     In paragraph 6—

(a)   after “work in Northern Ireland,” insert “—

(a)   ”;

(b)   at the end insert “, and

(b)   the requirement under subsection (2) of that
section to consult the Director of Labour
Market Enforcement is to be ignored.”

(4)     In paragraph 7, for paragraph (b) substitute—

“(b)   paragraph (b) is to be read as if for “work of a
prescribed description as being work to which this Act
applies” there were substituted “work of the following
nature as being work to which this Act applies—

(i)   the gathering (by any manner) of wild
creatures, or wild plants, of a prescribed
description and the processing and packaging
of anything so gathered, and

(ii)   the harvesting of fish from a fish farm (within
the meaning of the Fisheries Act (NI) 1966 (c. 17
(NI)).”

(5)     For paragraph 10 substitute—

“10 (1)     Rules under section 8 (general power of Authority to make
rules) which make provision for Northern Ireland licences
(“Northern Ireland rules”) are to be made by statutory
instrument.

(2)     Section 8 as it applies in relation to Northern Ireland licences
is to be read as if—

(a)   in subsection (1) the words “with the approval of the
Secretary of State” were omitted, and

(b)   subsections (5) and (6) were omitted.

(3)     The Authority must consult the relevant Northern Ireland
department before making any Northern Ireland rules about
fees.

(4)     A statutory instrument containing Northern Ireland rules is
subject to annulment in pursuance of a resolution of either
House of Parliament.”

Natural Environment and Rural Communities Act 2006 (c. 16)

23     In the Natural Environment and Rural Communities Act 2006, in
Schedule 7 (designated bodies), in paragraph 13, for “Gangmasters’
Licensing Authority” substitute “Gangmasters and Labour Abuse
Authority”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

24     In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 5
(designated regulators), for “Gangmasters Licensing Authority”
substitute “Gangmasters and Labour Abuse Authority”.

Modern Slavery Act 2015 (c. 30)

25     The Modern Slavery Act 2015 is amended as follows.

26     In section 52 (duty to notify Secretary of State about suspected victims of
slavery or human trafficking), in subsection (5)(k), for “Gangmasters
Licensing Authority” substitute “Gangmasters and Labour Abuse
Authority”.

27     In Schedule 3 (public authorities under duty to co-operate with the
Independent Anti-slavery Commissioner), for “Gangmasters Licensing
Authority” substitute “Gangmasters and Labour Abuse Authority”.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act
(Northern Ireland) 2015 (c. 2) (N.I.)

28     In the Human Trafficking and Exploitation (Criminal Justice and
Support for Victims) Act (Northern Ireland) 2015, in Schedule 3 (slavery
and trafficking prevention orders), in Part 3 (supplementary) in
paragraph 18(7)(e), for “Gangmasters Licensing Authority” substitute
“Gangmasters and Labour Abuse Authority”.”

Schedule 1

BARONESS HAMWEE

LORD PADDICK

78

Page 55, leave out lines 4 to 28

79

Page 56, line 5, leave out paragraphs 4 to 36

80

Page 56, line 37, leave out “exceptional”

81

Page 57, line 7, leave out “appropriate” and insert “necessary”

82

Page 57, line 11, leave out “appropriate” and insert “necessary”

83

Page 58, line 15, leave out “exceptional”

84

Page 58, line 32, leave out “appropriate” and insert “necessary”

85

Page 58, line 36, leave out “appropriate” and insert “necessary”

86

Page 61, line 1, leave out from “that” to “illegal” in line 2 and insert “refusing the
licence is necessary to prevent”

87

Page 61, line 23, leave out “appropriate” and insert “necessary”

88

Page 61, line 28, leave out “appropriate” and insert “necessary”

89

Page 62, line 41, leave out from “that” to “illegal” in line 42 and insert “refusing the
continuation of the licence is necessary to prevent”

90

Page 63, line 12, leave out “appropriate” and insert “necessary”

91

Page 65, leave out lines 36 to 38

LORD BATES

92

Page 67, line 10, at end insert “pursuant to an application made”

93

Page 67, line 14, after “granted” insert “pursuant to an application made”

Clause 11

LORD BATES

94

Page 8, line 6, leave out subsections (2) to (5)

Schedule 2

LORD BATES

95

Page 67, line 23, at end insert—

“London Hackney Carriages Act 1843 (c. 86)

  (1)     Section 18 of the London Hackney Carriages Act 1843 (licences and
badges to be delivered up on the discontinuance of licences) is amended
as follows.

(2)     At the beginning insert “(1)”.

(3)     At the end of subsection (1) insert—

“(2)     Subsection (1) does not require the delivery of a licence and
badge on the expiry of the licence if the licence was granted in
accordance with section 8A(2) or (4) of the Metropolitan Public
Carriage Act 1869 (but see section 8A(5A) of that Act).””

96

Page 68, line 14, at end insert—

“(5A)    If a licence granted in accordance with subsection (2) or (4)
expires, the person to whom it was granted must, within the
period of 7 days beginning with the day after that on which it
expired, return to Transport for London—

(a)   the licence,

(b)   the person’s copy of the licence (if any), and

(c)   the person’s driver’s badge.”

97

Page 68, line 22, at end insert “(5A) or”

98

Page 68, line 27, at end insert—

“(7A)    The Secretary of State may by regulations made by statutory
instrument amend the amount for the time being specified in
subsection (7)(b).

(7B)    Regulations under subsection (7A) may make transitional,
transitory or saving provision.

(7C)    A statutory instrument containing regulations under
subsection (7A) may not be made unless a draft of the
instrument has been laid before, and approved by a resolution
of, each House of Parliament.”

99

Page 69, line 3, at end insert—

“Plymouth City Council Act 1975 (c. xx)

3A     The Plymouth City Council Act 1975 is amended as follows.

3B     After section 2 insert—

“2A 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)   the person has not been granted leave to enter or remain
in the United Kingdom, or

(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
curtailment, 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 of Schedule 7 to the Immigration Act 2016—

(a)   the person is to be treated for the purposes of this Part of
this Act 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 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)     For the purposes of this section a person carries on a licensable
activity if the person—

(a)   drives a private hire vehicle,

(b)   operates a private hire vehicle, or

(c)   drives a hackney carriage.

2B Immigration offences and immigration penalties

(1)     In 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 conspiracy 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)     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
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
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)   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)   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)     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
if—

(a)   the 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.

(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)   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)   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.”

3C  (1)     Section 9 (licensing of drivers of private hire vehicles) is amended as
follows.

(2)     In subsection (1)—

(a)   in paragraph (a) after “satisfied” insert “—(i)”, and

(b)   for the “or” at the end of paragraph (a) substitute “and

(ii)   that the applicant is not disqualified by
reason of the applicant’s immigration
status from driving a private hire vehicle;
or”.

(3)     After subsection (1) insert—

“(1A)    In determining for the purposes of subsection (1) whether an
applicant is disqualified by reason of the applicant’s immigration
status from driving a private hire vehicle, the Council must have
regard to any guidance issued by the Secretary of State.”

3D     In section 11(1) (drivers’ licences for hackney carriages and private hire
vehicles)—

(a)   in paragraph (a) for “Every” substitute “Subject to section 11A,
every”, and

(b)   in paragraph (b) after “1889,” insert “but subject to section 11A,”.

3E     After section 11 insert—

“11A          Drivers’ licences for persons subject to immigration control

(1)     Subsection (2) applies if—

(a)   a licence within section 11(1)(a) or (b) is to be granted to a
person who 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)   apart from subsection (2), the period for which the licence
would have been in force would have ended after the end
of the leave period.

(2)     The Council must specify a period in the licence as the period for
which it remains in force; and that period must end at or before
the end of the leave period.

(3)     Subsection (4) applies if—

(a)   a licence within section 11(1)(a) or (b) 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 of the Immigration Act 1971 (continuation of leave
pending variation decision).

(4)     The Council must specify a period in the licence as the period for
which it remains in force; and that period must not exceed six
months.

(5)     A licence within section 11(1)(a) ceases to be in force if the person
to whom it was granted becomes disqualified by reason of the
person’s immigration status from driving a private hire vehicle.

(6)     A licence within section 11(1)(b) ceases to be in force if the person
to whom it was granted becomes disqualified by reason of the
person’s immigration status from driving a hackney carriage.

(7)     If a licence granted in accordance with subsection (2) or (4)
expires, the person to whom it was granted must, within the
period of 7 days beginning with the day after that on which it
expired, return the licence and the person’s driver’s badge to the
Council.

(8)     If subsection (5) or (6) 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 the licence and the person’s driver’s badge to the Council.

(9)     A person who, without reasonable excuse, contravenes
subsection (7) or (8) 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 pounds for each day during which an offence
continues after conviction.

(10)     The Secretary of State may by regulations made by statutory
instrument amend the amount for the time being specified in
subsection (9)(b).

(11)     Regulations under subsection (10) may make transitional,
transitory or saving provision.

(12)     A statutory instrument containing regulations under subsection
(10) may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of
Parliament.”

3F  (1)     Section 13 (licensing of operators of private hire vehicles) is amended as
follows.

(2)     In subsection (1)—

(a)   after “satisfied” insert “—(a)”, and

(b)   at the end of paragraph (a) insert “; and

(b)   if the applicant is an individual, that the applicant
is not disqualified by reason of the applicant’s
immigration status from operating a private hire
vehicle.”

(3)     After subsection (1) insert—

“(1A)    In determining for the purposes of subsection (1) whether an
applicant is disqualified by reason of the applicant’s immigration
status from operating a private hire vehicle, the Council must
have regard to any guidance issued by the Secretary of State.”

(4)     In subsection (2) for “Every” substitute “Subject to section 13A, every”.

3G     After section 13 insert—

“13A          Operators’ licences for persons subject to immigration control

(1)     Subsection (2) applies if—

(a)   a licence under section 13 is to be granted to a person who
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)   apart from subsection (2), the period for which the licence
would have been in force would have ended after the end
of the leave period.

(2)     The Council must specify a period in the licence as the period for
which it remains in force; and that period must end at or before
the end of the leave period.

(3)     Subsection (4) applies if—

(a)   a licence under section 13 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 of the Immigration Act 1971 (continuation of leave
pending variation decision).

(4)     The Council must specify a period in the licence as the period for
which it remains in force; and that period must not exceed six
months.

(5)     A licence under section 13 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 a licence granted in accordance with subsection (2) or (4)
expires, the person to whom it was granted must, within the
period of 7 days beginning with the day after that on which it
expired, return the licence to the Council.

(7)     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 it to the Council.

(8)     A person who, without reasonable excuse, contravenes
subsection (6) or (7) 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 pounds for each day during which an offence
continues after conviction.

(9)     The Secretary of State may by regulations made by statutory
instrument amend the amount for the time being specified in
subsection (8)(b).

(10)     Regulations under subsection (9) may make transitional,
transitory or saving provision.

(11)     A statutory instrument containing regulations under subsection
(9) may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of
Parliament.”

3H  (1)     Section 17 (qualification for drivers of hackney carriages) is amended as
follows.

(2)     In subsection (1)—

(a)   in paragraph (a) after “satisfied” insert “—(i)”, and

(b)   for the “or” at the end of paragraph (a) substitute “and

(ii)   that the applicant is not disqualified by
reason of the applicant’s immigration
status from driving a hackney carriage;
or”.

(3)     After subsection (1) insert—

“(1A)    In determining for the purposes of subsection (1) whether an
applicant is disqualified by reason of the applicant’s immigration
status from driving a hackney carriage, the Council must have
regard to any guidance issued by the Secretary of State.”

3I  (1)     Section 19 (suspension and revocation of drivers’ licences) is amended as
follows.

(2)     In subsection (1) before the “or” at the end of paragraph (a) insert—

“(aa)   that he has since the grant of the licence been convicted of
an immigration offence or required to pay an
immigration penalty;”.

(3)     After subsection (1) insert—

“(1A)    Subsection (1)(aa) does not apply if—

(a)   in a case where the driver has been convicted of an
immigration offence, the conviction is a spent conviction
within the meaning of the Rehabilitation of Offenders Act
1974, or

(b)   in a case where the driver has been required to pay an
immigration penalty—

(i)   more than three years have elapsed since the date
on which the penalty was imposed, and

(ii)   the amount of the penalty has been paid in full.”

(4)     After subsection (2) insert—

“(2A)    The requirement in subsection (2)(a) to return a driver’s badge
does not apply in a case where section 20A applies (but see
subsection (2) of that section)).””

3J  (1)     Section 20 (suspension and revocation of operators’ licences) is amended
as follows.

(2)     In subsection (1) before the “or” at the end of paragraph (c) insert—

“(ca)   that the operator has since the grant of the licence been
convicted of an immigration offence or required to pay an
immigration penalty;”.

(3)     After subsection (1) insert—

“(1A)    Subsection (1)(ca) does not apply if—

(a)   in a case where the operator has been convicted of an
immigration offence, the conviction is a spent conviction
within the meaning of the Rehabilitation of Offenders Act
1974, or

(b)   in a case where the operator has been required to pay an
immigration penalty—

(i)   more than three years have elapsed since the date
on which the penalty was imposed, and

(ii)   the amount of the penalty has been paid in full.”

3K     After section 20 insert—

“20A          Return of licences suspended or revoked on immigration
grounds

(1)     Subsection (2) applies if—

(a)   under section 19 the Council suspend, revoke or refuse to
renew the licence of a driver of a hackney carriage or a
private hire vehicle on the ground mentioned in
subsection (1)(aa) of that section, or

(b)   under section 20 the Council suspend, revoke or refuse to
renew an operator’s licence on the ground mentioned in
subsection (1)(ca) of that section.

(2)     The person to whom the licence was granted must, within the
period of 7 days beginning with the relevant day, return to the
Council—

(a)   the licence, and

(b)   in the case of a licence of a driver of a hackney carriage or
a private hire vehicle, the person’s driver’s badge.

(3)     In subsection (2) “the relevant day” means—

(a)   where the licence is suspended or revoked, the day on
which the suspension or revocation takes effect;

(b)   where the Council refuse to renew the licence, the day on
which the licence expires as a result of the failure to renew
it.

(4)     A person who, without reasonable excuse, contravenes
subsection (2) 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 pounds for each day during which an offence
continues after conviction.

(5)     The Secretary of State may by regulations made by statutory
instrument amend the amount for the time being specified in
subsection (4)(b).

(6)     Regulations under subsection (5) may make transitional,
transitory or saving provision.

(7)     A statutory instrument containing regulations under subsection
(8) may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of
Parliament.””

3L     In section 37 (appeals) after subsection (2) insert—

“(3)     On an appeal under this Act or an appeal under section 302 of the
Act of 1936 as applied by this section, the court is not entitled to
entertain any question as to whether—

(a)   a 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.””

BARONESS HAMWEE

LORD PADDICK

100

Page 69, line 39, leave out “or before”

101

Page 70, line 6, leave out “not exceed six months” and insert “end at the end of the
extended period”

LORD BATES

102

Page 70, line 12, at end insert—

“(6A)    If a licence granted in accordance with subsection (2) or (4)
expires, the person to whom it was granted must, within the
period of 7 days beginning with the day after that on which it
expired, return the licence and the person’s driver’s badge to
the district council which granted the licence.”

103

Page 70, line 18, at end insert “(6A) or”

104

Page 70, line 23, at end insert—

“(9)     The Secretary of State may by regulations made by statutory
instrument amend the amount for the time being specified in
subsection (8)(b).

(10)     Regulations under subsection (9) may make transitional,
transitory or saving provision.

(11)     A statutory instrument containing regulations under
subsection (9) may not be made unless a draft of the
instrument has been laid before, and approved by a resolution
of, each House of Parliament.””

BARONESS HAMWEE

LORD PADDICK

105

Page 71, line 9, leave out “or before”

106

Page 71, line 19, leave out “not exceed six months” and insert “end at the end of the
extended period”

LORD BATES

107

Page 71, line 22, at end insert—

“(5A)    If a licence granted in accordance with subsection (2) or (4)
expires, the person to whom it was granted must, within the
period of 7 days beginning with the day after that on which it
expired, return the licence to the district council which granted
the licence.”

108

Page 71, line 27, at end insert “(5A) or”

109

Page 71, line 32, at end insert—

“(8)     The Secretary of State may by regulations made by statutory
instrument amend the amount for the time being specified in
subsection (7)(b).

(9)     Regulations under subsection (8) may make transitional,
transitory or saving provision.

(10)     A statutory instrument containing regulations under
subsection (8) may not be made unless a draft of the
instrument has been laid before, and approved by a resolution
of, each House of Parliament.””

110

Page 71, line 45, at end insert—

  ( )     Section 61 (suspension and revocation of driver’s licences) is amended as
follows.”

111

Page 71, line 46, leave out from “In” to “before” and insert “subsection (1)”

112

Page 72, line 4, at end insert—

“( )     After subsection (1) insert—

“(1A)    Subsection (1)(aa) does not apply if—

(a)   in a case where the driver has been convicted of an
immigration offence, the conviction is a spent conviction
within the meaning of the Rehabilitation of Offenders Act
1974, or

(b)   in a case where the driver has been required to pay an
immigration penalty—

(i)   more than three years have elapsed since the date
on which the penalty was imposed, and

(ii)   the amount of the penalty has been paid in full.”

( )     After subsection (2) insert—

“(2ZA)   The requirement in subsection (2)(a) to return a driver’s badge
does not apply in a case where section 62A applies (but see
subsection (2) of that section).””

113

Page 72, line 4, at end insert—

  ( )     Section 62 (suspension and revocation of operators’ licences) is amended
as follows.”

114

Page 72, line 5, leave out from “In” to “before” and insert “subsection (1)”

115

Page 72, line 9, at end insert—

“( )     After subsection (1) insert—

“(1A)    Subsection (1)(ca) does not apply if—

(a)   in a case where the operator has been convicted of an
immigration offence, the conviction is a spent conviction
within the meaning of the Rehabilitation of Offenders Act
1974, or

(b)   in a case where the operator has been required to pay an
immigration penalty—

(i)   more than three years have elapsed since the date
on which the penalty was imposed, and

(ii)   the amount of the penalty has been paid in full.””

116

Page 72, line 9, at end insert—

“      After section 62 insert—

“62A          Return of licences suspended or revoked on immigration
grounds

(1)     Subsection (2) applies if—

(a)   under section 61 a district council suspend, revoke or
refuse to renew the licence of a driver of a hackney
carriage or a private hire vehicle on the ground
mentioned in subsection (1)(aa) of that section, or

(b)   under section 62 a district council suspend, revoke or
refuse to renew an operator’s licence on the ground
mentioned in subsection (1)(ca) of that section.

(2)     The person to whom the licence was granted must, within the
period of 7 days beginning with the relevant day, return to the
district council—

(a)   the licence, and

(b)   in the case of a licence of a driver of a hackney carriage or
a private hire vehicle, the person’s driver’s badge.

(3)     In subsection (2) “the relevant day” means—

(a)   where the licence is suspended or revoked, the day on
which the suspension or revocation takes effect;

(b)   where the district council refuse to renew the licence, the
day on which the licence expires as a result of the failure
to renew it.

(4)     A person who, without reasonable excuse, contravenes
subsection (2) 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 pounds for each day during which an offence
continues after conviction.

(5)     The Secretary of State may by regulations made by statutory
instrument amend the amount for the time being specified in
subsection (4)(b).

(6)     Regulations under subsection (5) may make transitional,
transitory or saving provision.

(7)     A statutory instrument containing regulations under subsection
(8) may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of
Parliament.””

BARONESS HAMWEE

LORD PADDICK

117

Page 72, leave out lines 16 to 18

LORD BATES

118

Page 74, line 4, at end insert—

“Civic Government (Scotland) Act 1982 (c. 45)

14A          The Civic Government (Scotland) Act 1982 is amended as follows.

14B          In section 13 (taxi and private hire car driving licences) after subsection
(3) insert—

“(3A)    A licensing authority shall not grant a licence to any person
under this section unless the authority is satisfied that the person
is not disqualified by reason of the applicant’s immigration
status from driving a taxi or private hire car.

(3B)    Section 13A makes provision for the purposes of subsection (3A)
about the circumstances in which a person is disqualified by
reason of the person’s immigration status from driving a taxi or
private hire car.

(3C)    In determining for the purposes of subsection (3A) whether a
person is disqualified by reason of the person’s immigration
status from driving a taxi or private hire car, a licensing authority
must have regard to any guidance issued by the Secretary of
State.”

14C          After section 13 insert—

“13A          Persons disqualified by reason of immigration status

(1)     For the purposes of section 13(3A) a person is disqualified by
reason of the person’s immigration status from driving a taxi or
private hire car if the person is subject to immigration control
and—

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

(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
curtailment, revocation, cancellation, passage of
time or otherwise), or

(iii)   is subject to a condition preventing the individual
from driving a taxi or private hire car.

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

(a)   the person is to be treated for the purposes of this section
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 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.”

14D   (1)  Schedule 1 (licensing - further provisions as to the general system) is
amended as follows.

(2)     In paragraph 8 (duration of licences) in sub-paragraph (8) after
“paragraphs” insert “8A and”.

(3)     After paragraph 8 insert—

“Taxi etc driving licences for persons subject to immigration control

8A  (1)     Sub-paragraph (2) applies if—

(a)   a taxi driver’s licence or private hire car 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 (“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)   apart from sub-paragraph (2), the period for which the
licence would have had effect would have ended after
the end of the leave period.

(2)     The licensing authority which grants the licence must specify
a period in the licence as the period for which it has effect; and
that period must end at or before the end of the leave period.

(3)     Sub-paragraph (4) applies if—

(a)   a taxi driver’s licence or private hire car 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 of the Immigration Act 1971 (continuation
of leave pending variation decision).

(4)     The licensing authority which grants the licence must specify
a period in the licence as the period for which it has effect; and
that period must not exceed six months.

(5)     A taxi driver’s licence or private hire car driver’s licence ceases
to have effect if the person to whom it was granted becomes
disqualified by reason of the person’s immigration status from
driving a taxi or private hire car.

(6)     Section 13A (persons disqualified by reason of immigration
status) applies for the purposes of sub-paragraph (5) as it
applies for the purposes of section 13(3A).

(7)     If a licence granted in accordance with sub-paragraph (2) or (4)
expires, the person to whom it was granted must, within the
period of 7 days beginning with the day after that on which it
expired, return the licence to the licensing authority.

(8)     If sub-paragraph (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 the licence to the licensing authority which
granted the licence.

(9)     A person who, without reasonable excuse, contravenes sub-
paragraph (7) or (8) is guilty of an offence and liable on
summary conviction to a fine not exceeding level 3 on the
standard scale.

(10)     This paragraph applies in relation to the renewal of a licence as
it applies in relation to the grant of a licence.”

(4)     In paragraph 11 (suspension and revocation of licences) after sub-
paragraph (2) insert—

“(2A)   A licensing authority may order the suspension or revocation
of a taxi driver’s licence or a private hire car driver’s licence if
the holder of the licence has, since its grant, been convicted of
an immigration offence or required to pay an immigration
penalty (see paragraph 20).

(2B)   Sub-paragraph (2A) does not apply if—

(a)   in a case where the holder of the licence has been
convicted of an immigration offence, the conviction is
a spent conviction within the meaning of the
Rehabilitation of Offenders Act 1974, or

(b)   in a case where the holder of the licence has been
required to pay an immigration penalty—

(i)   more than three years have elapsed since the
date on which the penalty was imposed, and

(ii)   the amount of the penalty has been paid in
full.”

(5)     In paragraph 18 (appeals) after sub-paragraph (8) insert—

“(8A)   On an appeal under this paragraph relating to a taxi driver’s
licence or a private hire car driver’s licence, the sheriff is not
entitled to entertain any question as to whether—

(a)   a 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.”

(6)     After paragraph 19 insert—

“20 (1)     In this Schedule “immigration offence” means an offence
under any of the Immigration Acts.

(2)     In this Schedule “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)     For the purposes of this Schedule 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)   the penalty is cancelled by virtue of section 16 or 17 of
that Act.

(4)     For the purposes of this Schedule 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)   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)   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)     For the purposes of this Schedule 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)   the penalty is cancelled by virtue of section 29 or 30 of
that Act.

(6)     For the purposes of this Schedule 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)   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)   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.””

119

Page 74, line 4, at end insert—

“Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10))

  (1)     Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland)
Order 1996 (SI 1996/1320 (NI 10)) is amended as follows.

(2)     After the entry relating to section 1(3) of the Taxis Act (Northern Ireland)
2008 insert—

  “Section 2A(8) Failing to return
an operator’s
licence
Summarily Level 3 on the standard scale”.

(3)     After the entry relating to section 22(6) of the Taxis Act (Northern
Ireland) 2008 insert—

  “Section 23A(8) Failing to return
an operator’s
licence
Summarily Level 3 on the standard scale”.”

BARONESS HAMWEE

LORD PADDICK

120

Page 74, line 23, at end insert “after consultation with representatives of licensing
authorities”

121

Page 74, line 38, leave out “or before”

122

Page 75, line 4, leave out “does not exceed six months” and insert “coincides with
the extended leave period”

LORD BATES

123

Page 75, line 18, at end insert—

“(8)     The Secretary of State may by regulations amend the amount
for the time being specified in subsection (7)(b).””

BARONESS HAMWEE

LORD PADDICK

124

Page 75, line 27, at end insert “after consultation with Transport for London”

125

Page 75, line 43, leave out “or before”

126

Page 76, line 7, leave out “does not exceed six months” and insert “coincides with
the extended leave period”

LORD BATES

127

Page 76, line 21, at end insert—

“(8)     The Secretary of State may by regulations amend the amount
for the time being specified in subsection (7)(b).””

128

Page 76, line 26, at end insert—

“( )     After subsection (2) insert—

“(2A)    Subsection (2)(aa) does not apply if—

(a)   in a case where the licence holder has been convicted of
an immigration offence, the conviction is a spent
conviction within the meaning of the Rehabilitation of
Offenders Act 1974, or

(b)   in a case where the licence holder has been required to
pay an immigration penalty—

(i)   more than three years have elapsed since the date
on which the penalty was imposed, and

(ii)   the amount of the penalty has been paid in full.””

129

Page 76, line 30, at end insert—

“( )     After subsection (4) insert—

“(5)     Subsection (4)(aa) does not apply if—

(a)   in a case where the licence holder has been convicted of
an immigration offence, the conviction is a spent
conviction within the meaning of the Rehabilitation of
Offenders Act 1974, or

(b)   in a case where the licence holder has been required to
pay an immigration penalty—

(i)   more than three years have elapsed since the date
on which the penalty was imposed, and

(ii)   the amount of the penalty has been paid in full.””

130

Page 78, line 21, at end insert—

  (1)     Section 32 (regulations) is amended as follows.

(2)     In subsection (1) after “other than section” in the first place those words
appear insert “3A(8), 13A(8) or”.

(3)     After subsection (2) insert—

“(2A)   The power to make regulations conferred on the Secretary of
State by section 3A(8) or 13A(8) is exercisable by statutory
instrument.

(2B)   A statutory instrument containing regulations under either of
those sections may not be made unless a draft of the instrument
has been laid before, and approved by a resolution of, each
House of Parliament.”

(4)     In subsection (4) after “made under section” insert “3A(8), 13A(8) or”.”

131

Page 78, line 23, at end insert—

“Taxis Act (Northern Ireland) 2008 (c. 4)

25     The Taxis Act (Northern Ireland) 2008 is amended as follows.

26  (1)     Section 2 (operator’s licences) is amended as follows.

(2)     In subsection (4) for the “and” at the end of paragraph (a) substitute—

“(aa)   if the applicant is an individual, the applicant is not
disqualified by reason of the applicant’s immigration
status from operating a taxi service; and”.

(3)     After subsection (4) insert—

“(4A)    In determining for the purposes of subsection (4) whether an
applicant is disqualified by reason of the applicant’s immigration
status from operating a taxi service, the Department must have
regard to any guidance issued by the Secretary of State.”

(4)     In subsection (7) for “An” substitute “Subject to section 2A, an”.

27     After section 2 insert—

“2A Operator’s licences for persons subject to immigration control

(1)     Subsection (2) applies if—

(a)   an operator’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 (“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)   apart 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)     Subsection (4) applies if—

(a)   an operator’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 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 months.

(5)     An 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 taxi service.

(6)     If a licence granted in accordance with subsection (2) or (4)
expires, the person to whom it was granted must, within the
period of 7 days beginning with the day after that on which it
expired, return it to the Department.

(7)     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 it to the Department.

(8)     A person who, without reasonable excuse, contravenes
subsection (6) or (7) is guilty of an offence.”

28  (1)     Section 23 (taxi driver’s licences) is amended as follows.

(2)     In subsection (2) after paragraph (a) insert—

“(aa)   the applicant is not disqualified by reason of the
applicant’s immigration status from driving a taxi;”.

(3)     After subsection (2) insert—

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

(4)     In subsection (8) for “A” substitute “Subject to section 23A, a”.

29     After section 23 insert—

“23A          Taxi driver’s licences for persons subject to immigration control

(1)     Subsection (2) applies if—

(a)   a taxi 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 (“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)   apart 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)     Subsection (4) applies if—

(a)   a taxi 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 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 months.

(5)     A taxi driver’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 driving a taxi.

(6)     If a licence granted in accordance with subsection (2) or (4)
expires, the person to whom it was granted must, within the
period of 7 days beginning with the day after that on which it
expired, return to the Department—

(a)   the licence,

(b)   the person’s driver’s badge, and

(c)   any other evidence of identification which the
Department has issued under section 24.

(7)     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 to the Department—

(a)   the licence,

(b)   the person’s driver’s badge, and

(c)   any other evidence of identification which the
Department has issued under section 24.

(8)     A person who, without reasonable excuse, contravenes
subsection (6) or (7) is guilty of an offence.”

30  (1)     Section 26 (power to suspend, revoke licences or curtail 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
convicted of an immigration offence or required to pay an
immigration penalty;”.

(3)     After subsection (2) insert—

“(2A)    Subsection (2)(aa) does not apply if—

(a)   in a case where the licence holder has been convicted of
an immigration offence, the conviction is a spent
conviction within the meaning of the Rehabilitation of
Offenders (Northern Ireland) Order 1978 (SI 1978/1908
(NI 27)), or

(b)   in a case where the licence holder has been required to
pay an immigration penalty—

(i)   more than three years have elapsed since the date
on which the penalty was imposed, and

(ii)   the amount of the penalty has been paid in full.”

(4)     In subsection (6) before the “or” 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
immigration penalty;”.

(5)     After subsection (6) insert—

“(7)     Subsection (6)(aa) does not apply if—

(a)   in a case where the licence holder has been convicted of
an immigration offence, the conviction is a spent
conviction within the meaning of the Rehabilitation of
Offenders (Northern Ireland) Order 1978 (SI 1978/1908
(NI 27)), or

(b)   in a case where the licence holder has been required to
pay an immigration penalty—

(i)   more than three years have elapsed since the date
on which the penalty was imposed, and

(ii)   the amount of the penalty has been paid in full.””

31     In section 32 (return of licences etc) after subsection (5) insert—

“(5A)    Subsection (4) does not apply if the licence was granted in
accordance with section 2A(2) or (4) or 23A(2) or (4) (but see
sections 2A(6) and 23A(6)).”

32     In section 34 (appeals) after subsection (5) insert—

“(6)     On any appeal, the court is not entitled to entertain any question
as to whether—

(a)   a 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.”

33     After section 56 insert—

“56A          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)   the person has not been granted leave to enter or remain
in the United Kingdom, or

(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
curtailment, 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 of 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 to 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)     For the purposes of this section a person carries on a licensable
activity if the person—

(a)   operates a taxi service, or

(b)   drives a taxi.

56B          Immigration offences and immigration penalties

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

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

(b)   an offence under Article 3 of the Criminal Attempts and
Conspiracy (Northern Ireland) Order 1983 (SI 1982/1120
(NI 13)) of attempting to commit an offence within
paragraph (a), or

(c)   an offence under Article 9 of that Order of conspiracy 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)     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
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
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)   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)   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)     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
if—

(a)   the 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.

(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)   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)   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.””

132

Page 78, line 23, at end insert—

“Transitional provision

  (1)     Subject to sub-paragraph (2), an amendment made by any of paragraphs
2, 3, 3C to 3H, 5 to 10, 14B, 14D(2) and (3), 17 to 20 and 25 to 28 does not
apply in relation to an application for a licence made before the coming
into force of that paragraph or a licence granted in response to such an
application.

(2)     Sub-paragraph (1) does not prevent an amendment made by any of
those paragraphs from applying in relation to—

(a)   an application for the renewal of a licence where that licence was
granted before the coming into force of that paragraph, or

(b)   a licence renewed in response to such an application.

  (1)     Subject to sub-paragraphs (2) and (3), an amendment made by any of
paragraphs 3I, 3J, 11, 12, 14D(4), 21 and 29 applies in relation to a licence
granted before or after the coming into force of that paragraph.

(2)     An amendment made by any of those paragraphs applies in relation to a
conviction for an immigration offence only if the person in question has
been convicted of that offence after the coming into force of that
paragraph in respect of the person’s conduct after that time.

(3)     An amendment made by any of those paragraphs applies in relation to a
requirement to pay an immigration penalty only if the person in
question has been required to pay the penalty after the coming into force
of that paragraph in respect of the person’s conduct after that time.

  (1)     Section 19(1) of the Plymouth City Council Act 1975 has effect in relation
to the licence of a driver of a hackney carriage or private hire vehicle
granted before the coming into force of paragraph 3I as if before the “or”
at the end of paragraph (a) there were inserted—

“(ab)   in the case of a refusal to renew a licence, that he is
disqualified by reason of his immigration status from
driving a hackney carriage or a private hire vehicle;”.

(2)     Section 20A(1)(a) of that Act has effect in relation to such a licence as if
after “subsection (1)(aa)” there were inserted “or (ab)”.

(3)     Section 20(1) of that Act has effect in relation to an operator’s licence
granted before the coming into force of paragraph 3J as if before the “or”
at the end of paragraph (c) there were inserted—

“(cb)   in the case of a refusal to renew a licence, that the operator
is disqualified by reason of the operator’s immigration
status from operating a private hire vehicle;”.

(4)     Section 20A(1)(b) of that Act has effect in relation to such a licence as if
after “subsection (1)(ca)” there were inserted “or (cb)”.

(5)     Section 61(1) of the Local Government (Miscellaneous Provisions) Act
1976 has effect in relation to the licence of a driver of a hackney carriage
or private hire vehicle granted before the coming into force of paragraph
11 as if before the “or” at the end of paragraph (a) there were inserted—

“(ab)   in the case of a refusal to renew a licence, that he is
disqualified by reason of his immigration status from
driving a hackney carriage or a private hire vehicle;”.

(6)     Section 62A(1)(a) of that Act has effect in relation to such a licence as if
after “subsection (1)(aa)” there were inserted “or (ab)”.

(7)     Section 62(1) of that Act has effect in relation to an operator’s licence
granted before the coming into force of paragraph 12 as if before the “or”
at the end of paragraph (c) there were inserted—

“(cb)   in the case of a refusal to renew a licence, that the operator
is disqualified by reason of the operator’s immigration
status from operating a private hire vehicle;”.

(8)     Section 62A(1)(b) of that Act has effect in relation to such a licence as if
after “subsection (1)(ca)” there were inserted “or (cb)”.

(9)     Subsections (3A) to (3C) of section 13 of the Civic Government (Scotland)
Act 1982 apply in relation to an application for the renewal of a taxi
driver’s or private hire car driver’s licence granted before the coming
into force of paragraph 14B as they apply in relation to an application for
the grant of such a licence made after that time.”

Clause 12

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 12
stand part of the Bill.

After Clause 12

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

LORD ALTON OF LIVERPOOL

BARONESS HAMWEE

133

Insert the following new Clause—

“Protection from slavery for overseas domestic workers

All overseas domestic workers in the United Kingdom, including those
working for staff of diplomatic missions, shall be entitled to—

(a)   change their employer (but not work sector) while in the United
Kingdom;

(b)   renew their domestic worker or diplomatic domestic worker visa,
each such renewal being for a period not exceeding twelve months,
as long as they remain in employment and are able to support
themselves without recourse to public funds;

(c)   a three month temporary visa permitting them to live in the United
Kingdom for the purposes of seeking alternative employment as an
overseas domestic worker where there is evidence that the worker
has been a victim of modern slavery.”

134

Insert the following new Clause—

“Asylum seekers: permission to work after six months

(1)     The Immigration Act 1971 is amended as follows.

(2)     After section 3(9) (general provisions for regulation and control) insert—

“(10)    In making rules under subsection (2), the Secretary of State must
provide for persons seeking asylum, within the meaning of the
rules, to apply to the Secretary of State for permission to take up
employment, including self-employment and voluntary work.

(11)     Permission to work for persons seeking asylum must be granted
if—

(a)   a decision has not been taken on the applicant’s asylum
application within six months of the date on which it was
recorded, or

(b)   an individual makes further submissions which raise
asylum grounds and a decision on that new claim or to
refuse to treat such further submissions as a new claim has
not been taken within six months of the date on which the
submissions were recorded.

(12)     Permission for a person seeking asylum to take up employment
shall be on terms no less favourable than those upon which
permission is granted to a person recognised as a refugee to take up
employment.””

Schedule 3

BARONESS HAMWEE

LORD PADDICK

135

Page 80, line 27, leave out “any person the officer thinks appropriate has” and
insert “the employer, the persons referred to in sub-paragraph (11), and such other
persons as the officer reasonably thinks appropriate have”

LORD BATES

136

Page 81, line 8, after “if” insert “—

(a)   the immigration officer considers that the condition in paragraph
1(3) or (6) is not met, or

(b)   ”

137

Page 85, line 10, leave out “5(1)” and insert “10”

138

Page 86, line 34, leave out “Subject to sub-paragraph (4),”

139

Page 86, line 35, after “notice” insert “, other than one cancelled under paragraph
3(1)(b),”

140

Page 86, line 35, leave out “or an illegal working compliance order”

141

Page 86, line 39, leave out “or order”

142

Page 86, line 42, leave out paragraphs (a) and (b)

143

Page 86, line 42, at beginning insert—

“( )   that at the time the notice was issued, the condition in paragraph
1(3) or (6) was not met,”

144

Page 87, line 4, leave out “or order”

145

Page 87, line 4, at end insert “and”

BARONESS HAMWEE

LORD PADDICK

146

Page 87, line 4, at end insert “or”

LORD BATES

147

Page 87, line 7, leave out sub-paragraph (4)

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that
Schedule 3 be the Third Schedule to the Bill.

Clause 13

BARONESS HAMWEE

LORD PADDICK

148

Page 8, line 32, at end insert—

“( )     In section 33(1)(a), for “race” substitute “a protected characteristic as
defined in Chapter 1 of Part 2 of that Act”.”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

149

Page 9, line 41, at end insert—

“( )     A landlord does not commit an offence under this section during
the period of 28 days specified in section 33D(4).”

EARL CATHCART

LORD HOWARD OF RISING

150

Page 9, line 41, at end insert—

“( )     A person does not commit an offence under subsection (1) or (7) where they
are proceeding diligently to evict an adult who is disqualified as a result of
their immigration status from occupying the property of which that person
is a landlord.”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

151

Page 11, line 32, at end insert—

“(7)     Subsection (2) shall not come into force until the Secretary of State has
published, and laid before both Houses of Parliament, an evaluation of the
provisions contained in sections 20 to 37 of and Schedule 3 to the
Immigration Act 2014.

(8)     The evaluation provided for in subsection (7) must include an assessment
of the impact of those provisions on—

(a)   individuals who have a protected characteristic as defined in Part 2,
Chapter 1 of the Equality Act 2010, and

(b)   British citizens who do not hold a passport or UK driving licence.”

Clause 14

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

152

Page 11, line 37, leave out from beginning to end of line 29 on page 12

LORD BATES

153

Page 12, line 7, after “writing” insert “and in the prescribed form”

Clause 15

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

154

Page 13, line 42, leave out “Part 1” and insert “Part 2”

155

Page 13, line 42, leave out “must” and insert “may”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

156

Page 14, line 1, leave out “7A” and insert “17”

157

Page 14, line 2, leave out “7B” and insert “18

Clause 16

BARONESS HAMWEE

LORD PADDICK

158

Page 17, line 7, leave out paragraph (b)

After Clause 16

BARONESS HAMWEE

LORD PADDICK

159

Insert the following new Clause—

“Commencement of penalty notice provisions

(1)     No Order shall be made to appoint a day for the coming into force of
sections 20 to 31 of the Immigration Act 2014 in any local authority area
other than the relevant local authorities within Article 6 of the Immigration
Act 2014 (Commencement No. 3, Transitional and Saving Provisions)
Order 2014 until the condition provided by subsection (2) is met.

(2)     The condition is that the Secretary of State has published and laid before
both Houses of Parliament an independent evaluation of the
implementation of those sections in the relevant local authorities.

(3)     The evaluation must include an assessment, based on a representative
sample of landlords, agents and tenants, of—

(a)   the risk of discrimination,

(b)   the impact on the lettings market,

(c)   the impact on the wider local community, and

(d)   whether the provisions in those sections have achieved their aims.

(4)     The evaluation shall be made not earlier than 1st December 2019.”

Clause 17

BARONESS HAMWEE

LORD PADDICK

160

Page 18, line 9, at end insert “and the authorised officer has reasonable grounds to
believe the power should be exercised urgently.”

161

Page 19, line 37, after “it,” insert—

“( )   until the expiry of a period of one month from the date of
seizure, if earlier,”

162

Page 19, line 38, leave out “or is subsequently”

BARONESS LAWRENCE OF CLARENDON

LORD PADDICK

BARONESS SHEEHAN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 17
stand part of the Bill.

Clause 18

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

163

Page 20, line 31, at end insert—

“( )     A person does not commit an offence under subsection (1) if, at the
time of driving a motor vehicle, he or she had a reasonable belief
that he or she had a legal right to remain in the United Kingdom
and acted in good faith.”

BARONESS HAMWEE

LORD PADDICK

164

Page 21, line 10, at end insert—

“( )     If a person (“P”) has been arrested for an offence under section 24C
and a relevant vehicle has been detained, the decision whether to
charge P with the offence or institute criminal proceedings against
P for the offence must be taken within the period of a month
beginning with the day on which the arrest takes place.”

LORD BATES

165

Page 21, line 27, leave out “65 or”

166

Page 21, line 28, leave out “discharged or”

167

Page 21, line 34, leave out “on petition”

168

Page 21, line 34, leave out “an indictment or” and insert “a”

BARONESS HAMWEE

LORD PADDICK

169

Page 21, line 41, at end insert “and is not a vehicle under P’s control”

LORD BATES

170

Page 22, line 8, at end insert—

“( )   as to the destination of payments made in compliance with such a
condition;”

BARONESS HAMWEE

LORD PADDICK

171

Page 23, line 3, after “any” insert “specified”

172

Page 23, line 4, leave out from “application” to end of line 15

173

Page 23, leave out lines 24 and 25

LORD BATES

174

Page 23, line 24, leave out “authorising entry on premises by a constable”

175

Page 23, line 26, leave out “by a constable”

BARONESS LAWRENCE OF CLARENDON

LORD PADDICK

BARONESS SHEEHAN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 18
stand part of the Bill.

After Clause 19

BARONESS DOOCEY

LORD ALTON OF LIVERPOOL

BARONESS LISTER OF BURTERSETT

176

Insert the following new Clause—

“Ability to pay the immigration health surcharge incrementally

In section 38 of the Immigration Act 2014 (immigration health charge), in
subsection (3)(c), after “State” insert “, including allowing the Surcharge to
be paid in multiple payments”.”

177

Insert the following new Clause—

“Exemptions from the immigration health surcharge

In section 38 of the Immigration Act 2014 (immigration health charge), after
subsection (3) insert—

“(3A)    In providing for exemptions from the charge under subsection
(3)(e), the Secretary of State must provide for exemptions for—

(a)   any individual under 18 years of age; and

(b)   any individual who has been a victim of domestic
violence.””

Schedule 4

BARONESS HAMWEE

LORD PADDICK

178

Page 90, line 26, leave out “may” and insert “shall”

179

Page 91, line 15, leave out from beginning to “a” in line 16

180

Page 91, line 23, at end insert “including compensation to be paid to any person or
body by or for whom the account is or was operated”

181

Page 91, line 31, at end insert—

“( )     The Secretary of State shall not make an application for a freezing
order under section 40C(2) unless he considers that it is
overwhelmingly in the public interest to do so in respect of the
person or body by or for whom the account is operated.

( )     The Secretary of State shall make or agree to an application under
section 40D(6) for the variation of a freezing order in favour of a
person by or for whom an account is operated or for its discharge
unless he considers that it is overwhelmingly not in the public
interest to do so in respect of such person or body.”

182

Page 91, line 33, after first “the” insert “additional”

183

Page 93, line 29, leave out from “under” to end of line 30 and insert “sections 40A,
40B, 40C and 40F”

Clause 20

BARONESS HAMWEE

LORD PADDICK

184

Page 25, line 12, leave out “should” and insert “is required to”

Clause 21

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 21
stand part of the Bill.

Clause 22

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 22
stand part of the Bill.

Clause 25

BARONESS HAMWEE

LORD PADDICK

185

Page 31, line 30, leave out “, or intends to make,”

186

Page 32, line 31, leave out “may” and insert “shall”

187

Page 32, line 33, leave out from “(14)” to end of line 36

188

Page 32, line 40, leave out from second “the” to end of line 41 and insert “person
who appears to be entitled to it.”

189

Page 33, line 6, leave out from “citizenship” to end of line 8

Clause 26

BARONESS HAMWEE

LORD PADDICK

190

Page 33, line 45, leave out from second “the” to end of line 46 and insert “person
who appears entitled to it.”

191

Page 34, line 3, after “State” insert “reasonably”

192

Page 34, line 9, leave out “may” and insert “shall”

193

Page 34, line 11, leave out from “(5)” to end of line 14

Schedule 5

BARONESS HAMWEE

LORD PADDICK

194

Page 94, line 13, leave out from “application” to end of line 17

LORD BATES

195

Page 94, line 14, after “(b)” insert “subject to subsection (2A),”

196

Page 94, line 29, after “(1C)” insert “Subject to subsection (2A),”

197

Page 94, line 35, at end insert—

“( )     After subsection (2) insert—

“(2A)    A justice of the peace in Scotland may not issue—

(a)   an all premises warrant under this section, or

(b)   a warrant under this section authorising multiple
entries.””

198

Page 95, line 7, after “(b)” insert “subject to subsection (3C),”

199

Page 95, leave out lines 21 to 26 and insert—

“( )     After subsection (3) insert—

“(3A)    Subject to subsection (3C), the warrant may authorise entry to
and search of premises on more than one occasion if, on the
application, the justice of the peace is satisfied that it is necessary
to authorise multiple entries in order to achieve the purpose for
which the justice issues the warrant.

(3B)    If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.

(3C)    A justice of the peace in Scotland may not issue—

(a)   an all premises warrant under this section, or

(b)   a warrant under this section authorising multiple
entries.””

200

Page 96, line 35, leave out “28FB(1C)” and insert “28FB(3A)”

BARONESS HAMWEE

LORD PADDICK

201

Page 96, line 45, leave out sub-paragraph (3)

LORD BATES

202

Page 97, line 36, leave out “28FB(1C)” and insert “28FB(3A)”

203

Page 98, line 4, after “(b)” insert “subject to sub-paragraph (6BA),”

204

Page 98, line 17, after “(6AC)” insert “Subject to sub-paragraph (6BA),”

205

Page 98, line 24, at end insert—

“( )     After sub-paragraph (6B) insert—

“(6BA)   A justice of the peace in Scotland may not issue—

(a)   an all premises warrant under this paragraph, or

(b)   a warrant under this paragraph authorising multiple
entries.””

206

Page 98, line 26, leave out “(6AC)” and insert “(6BA)”

207

Page 98, line 38, after “(b)” insert “subject to subsection (3A),”

208

Page 99, line 6, after “(2C)” insert “Subject to subsection (3A),”

209

Page 99, line 12, at end insert—

“( )     After subsection (3) insert—

“(3A)    A justice of the peace in Scotland may not issue—

(a)   an all premises warrant under this section, or

(b)   a warrant under this section authorising multiple
entries.””

Clause 29

BARONESS HAMWEE

LORD PADDICK

210

Page 36, line 2, after second “State” insert “reasonably”

211

Page 36, line 25, after “State” insert “reasonably”

212

Page 36, line 32, leave out from “State” to end of line 34 and insert “shall, when he
or she no longer wishes to retain a nationality document in accordance with this
section, return it to the person who supplied it.”

213

Page 37, line 7, leave out from “citizenship” to end of line 9

Schedule 6

LORD BATES

214

Page 100, line 9, leave out “Licensing” and insert “and Labour Abuse”

After Clause 30

BARONESS HAMWEE

LORD PADDICK

215

Insert the following new Clause—

“Oversight of complaints

(1)     The Secretary of State shall establish a commission—

(a)   to set standards for the actions of, and the handling of complaints
against, immigration officers, and

(b)   to investigate serious concerns relating to the conduct of
immigration officers.

(2)     The commission shall make recommendations about the establishment of
an independent oversight body for—

(a)   immigration officers, and

(b)   detainee custody officers, prison officers and prisoner custody
officers insofar as they exercise powers available to immigration
officers, whether under this Act or otherwise.”

After Clause 32

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS LISTER OF BURTERSETT

216

Insert the following new Clause—

“Review of immigration detention

(1)     Before the end of the period of three months beginning on the day on which
subsection (1) of section 32 comes into force, the Secretary of State must
commission a report on detention under the following powers—

(a)   paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act
1971,

(b)   paragraph 2(1), (2) or (3) of Schedule 3 to the 1971 Act,

(c)   section 62 of the Nationality, Immigration and Asylum Act 2002, or

(d)   section 36(1) of the UK Borders Act 2007.

(2)     The report under subsection (1) must consider—

(a)   the process for, and detail of, introducing a statutory maximum
limit on the length of time an individual can be detained under the
relevant provision;

(b)   how to reduce the number of people detained under the relevant
provision;

(c)   how to minimise the length of time an individual is detained under
the relevant provision;

(d)   the effectiveness of detention in meeting the Secretary of State’s
objectives; and

(e)   the effectiveness of procedures to review decisions to detain and to
continue to detain.

(3)     The report under subsection (1) must be prepared and published by a panel
appointed by the Secretary of State.

(4)     The panel appointed under subsection (3) must be independently chaired.

(5)     On completion of the report, the Chair of the panel must send it to the
Secretary of State.

(6)     The Secretary of State must lay the report before both Houses of Parliament
within three months of receiving the review.”

Schedule 7

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

217

Page 101, line 20, at end insert—

“( )     If a person is detained under any of the provisions in sub-paragraph
(1)—

(a)   the Secretary of State must arrange a reference to the First-tier
Tribunal for it to determine whether the detained person should
be released on bail;

(b)   the Secretary of State must secure that a first reference to the
First-tier Tribunal is made no later than the eighth day following
that on which the detained person was detained;

(c)   if the detained person remains in detention after the first
reference to the First-tier Tribunal, the Secretary of State must
secure that a second reference to the First-tier Tribunal or
Commission is made no later than the thirty-sixth day following
that on which the detained person was detained and every
twenty-eighth day thereafter;

(d)   the First-tier Tribunal hearing a case referred to it under this
paragraph must proceed as if the detained person had made an
application to it for bail; and

(e)   the First-tier Tribunal must determine matters referred to it
under this paragraph—

(i)   on a first reference, before the tenth day following that on
which the person concerned was detained; and

(ii)   on a second or subsequent reference, before the thirty-
eighth day following that on which he or she was
detained.

( )     For the purposes of this paragraph, “First-tier Tribunal” means—

(a)   the chamber of the First-tier Tribunal dealing with his or her
appeal if the detained person has brought an appeal under the
Immigration Acts; or

(b)   in any other case, such chamber of the First-tier Tribunal as the
Secretary of State considers appropriate.

( )     In the case of a detained person to whom section 3(2) of the Special
Immigration Appeals Commission Act 1997 (jurisdiction in relation to
bail for persons detained on grounds of national security) applies a
reference under sub-paragraph (3)(a) shall be to the Commission and not
to the First-tier Tribunal.

( )     Rules made by the Lord Chancellor under section 5 of the Special
Immigration Appeals Commission Act 1997 (procedure in relation to
jurisdiction under sections 2 and 3) may include provision made for the
purposes of this paragraph.”

LORD RAMSBOTHAM

BARONESS HAMWEE

LORD ROBERTS OF LLANDUDNO

218

Page 101, line 22, at end insert—

“( )     The Secretary of State must grant bail to any person detained under a
provision mentioned in sub-paragraph (1) no later than the twenty-
eighth day following that on which the person was detained.”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

219

Page 102, line 4, leave out sub-paragraph (6)

220

Page 102, line 34, leave out sub-paragraphs (3) to (5)

LORD MACKAY OF CLASHFERN

221

Page 102, line 39, leave out sub-paragraphs (4) and (5)

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

222

Page 105, line 36, leave out sub-paragraph (5)

223

Page 105, line 44, leave out sub-paragraphs (8) to (10)

224

Page 106, line 9, leave out sub-paragraphs (1) to (3) and insert—

“( )     The Secretary of State must provide or arrange for the provision of
facilities for the accommodation of persons released on immigration
bail.”

Clause 33

BARONESS HAMWEE

LORD PADDICK

225

Page 38, line 31, after “a” insert “material”

226

Page 38, line 32, leave out “used or uses deception in seeking” and insert
“deliberately used or uses deception to seek”

Clause 34

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

LORD ALTON OF LIVERPOOL

BARONESS LISTER OF BURTERSETT

227

Page 39, line 16, at end insert—

“( )     After subsection (3) insert—

“(3A)    Before a decision is taken to certify a human rights claim, the
Secretary of State must obtain a multi-agency best interests
assessment in relation to any child whose human rights may be
breached by the decision to certify.””

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

LORD ALTON OF LIVERPOOL

LORD RAMSBOTHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 34
stand part of the Bill.

Clause 37

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 37
stand part of the Bill.

After Clause 37

BARONESS LISTER OF BURTERSETT

LORD ALTON OF LIVERPOOL

LORD DUBS

228

Insert the following new Clause—

“Asylum support move on period

Persons in receipt of asylum support will cease to receive such support 40
days after receiving a Biometric Residence Permit following the granting
of—

(a)   refugee status;

(b)   humanitarian protection status;

(c)   discretionary leave status;

(d)   indefinite leave to remain; or

(e)   limited leave to remain for 30 months.”

BARONESS HAMWEE

LORD PADDICK

229

Insert the following new Clause—

“Ending asylum support

In section 94 of the Immigration and Asylum Act 1999, for subsection (3)
substitute—

“(3)     For the purposes of this Part, a claim for asylum is determined—

(a)   when, following a decision—

(i)   the Secretary of State has notified the claimant that
his or her decision is to accept the asylum claim,

(ii)   the Secretary of State has notified the claimant that
his or her decision is to reject the asylum claim but at
the same time notifies him or her that he or she is
giving him or her limited leave to enter or remain in
the United Kingdom, or

(iii)   an appeal by the claimant against the Secretary of
State’s decision has been disposed of by being
allowed,

and the claimant or dependents of the claimant do not
appear to the Secretary of State to be destitute; or

(b)   where the decision has not resulted in a grant of leave, at the
end of such period as may be prescribed beginning—

(i)   on the day on which the Secretary of State notifies
the claimant of his or her decision on the claim, or

(ii)   if the claimant has appealed against the Secretary of
State’s decision, on the day on which the appeal is
disposed of.””

Schedule 8

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS LISTER OF BURTERSETT

230

Page 117, line 13, at end insert—

“( )     If the Secretary of State decides not to provide support to a
person, or not to continue to provide support to him or her under
this section, the person may appeal to the First-tier Tribunal.”

After Clause 38

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS LISTER OF BURTERSETT

231

Insert the following new Clause—

“Review of the rules relating to refugees reuniting with family members

(1)     The Secretary of State must undertake a review of the current rules on
refugees, or those granted humanitarian protection, reuniting with close
family members in the United Kingdom.

(2)     The review under subsection (1) must consider—

(a)   the implementation of the provisions in the EU Dublin III
Regulation (Regulation (EU) No 604/2013) for spouses or children
under 18 with refugee status or those granted humanitarian
protection to be reunited with family members in the United
Kingdom;

(b)   options for allowing British citizens to sponsor close family
members recognised as refugees or granted humanitarian
protection; and

(c)   options for extending the criteria for family reunion to include
children, grandchildren, parents, grandparents, spouses, civil or
unmarried partners or siblings who have refugee status or have
been granted humanitarian protection and have close family
members in the United Kingdom.

(3)     A copy of a report on the review under subsection (1) must be laid before
both Houses of Parliament within six months of the passing of this Act.”

BARONESS HAMWEE

LORD PADDICK

232

Insert the following new Clause—

“Families of British citizens and other persons with leave to remain

(1)     The Secretary of State shall, within six months of the passing of this Act,
amend the Immigration Rules regarding any person who satisfies the
conditions in subsections (2) and (3), in the ways specified in subsection (4).

(2)     The first condition is that the person is applying for—

(a)   entry clearance to the United Kingdom,

(b)   leave to remain in the United Kingdom, or

(c)   indefinite leave to remain in the United Kingdom.

(3)     The second condition is that the person is applying as the non-European
Economic Area national partner or dependent child of a person who is—

(a)   a British Citizen,

(b)   present and settled in the United Kingdom, or

(c)   in the United Kingdom with refugee leave or humanitarian
protection.

(4)     Immigration Rules shall specify that, for a person who meets the conditions
in subsections (2) and (3)—

(a)   the minimum annual income requirement shall be—

(i)   for a partner, the equivalent of one year’s salary (net of tax
and national insurance contributions, and allowing for four
weeks’ holiday) at the rate of the national minimum wage in
effect at the time,

(ii)   for one child in addition to the partner, the additional sum
of £2500,

(iii)   for each further child, the additional sum of £2000, and

(b)   subsidies and financial support (including the value of
accommodation provided) shall be applied towards the calculation
of income.”

233

Insert the following new Clause—

“Failed asylum seekers: support for voluntary return

(1)     A person who is a failed asylum seeker who has not left the United
Kingdom shall be provided with—

(a)   a caseworker,

(b)   a named point of contact representing the Secretary of State, and

(c)   legal advice.

(2)     Such provision shall be made or arranged by the Secretary of State.

(3)     The Secretary of State shall appoint an independent person to review and
report on the operation of assisted voluntary return procedures for failed
asylum seekers.

(4)     The reviewer must, in particular, report on—

(a)   the level of financial support provided to failed asylum seekers
when they leave the United Kingdom, and

(b)   the level of contact with organisations in the country of return
necessary for the welfare of the failed asylum seekers.

(5)     The report must be completed before 1 October 2016.”

LORD HYLTON

BARONESS HAMWEE

234

Insert the following new Clause—

“Family reunion: persons with international protection needs

(1)     Rules made by the Secretary of State under section 3 of the Immigration Act
1971 (general provisions for regulation and control), shall, within six
months of the passing of this Act, make provision for—

(a)   British citizens and persons settled in the UK to be enabled to
sponsor their children, grandchildren, parents, grandparents,
spouses, civil or unmarried partners, or siblings, who are persons
registered with the Office of the UN High Commissioner for
Refugees or with the authorities responsible for the protection of
refugees in the State in which they are present, to come to the UK
on terms no less favourable than those under rules made under that
section which apply to family members of persons recognised as
refugees, save that it may be provided that those sponsored shall
have no recourse to public funds; and

(b)   applications for refugee family reunion from the children,
grandchildren, parents, grandparents, spouses, civil or unmarried
partners, or siblings of persons recognised as refugees or who have
been granted humanitarian protection in the United Kingdom.

(2)     An order shall be made by the Lord Chancellor under section 9(2)(a) of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (general
cases) in respect of family reunion for the persons described in subsection
(1) within six months of the passing of this Act.”

Schedule 9

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

235*

Page 128, line 26, at end insert—

“( )     Regulations under this paragraph may not be made unless a
draft of the instrument containing the regulations has been
laid before, and approved by a resolution of, each House of
Parliament.”

236*

Page 130, line 2, at end insert—

“( )     Regulations under this paragraph may not be made unless a
draft of the instrument containing the regulations has been
laid before, and approved by a resolution of, each House of
Parliament.”

Clause 43

LORD WIGLEY

237*

Page 43, line 24, at end insert “, if consent to such application has been granted by
the National Assembly for Wales, the Scottish Parliament and the Northern Ireland
Assembly respectively,”

238*

Page 43, line 30, after “not” insert “, without their prior consent respectively,”

After Clause 43

LORD DUBS

239

Insert the following new Clause—

“Unaccompanied refugee children

(1)     The Secretary of State must, as soon as possible, make arrangements to
relocate 3,000 unaccompanied refugee children who are in European
countries to the United Kingdom.

(2)     The relocation of children under subsection (1) shall be in addition to the
resettlement of children under the Vulnerable Persons Relocation Scheme.”

After Clause 46

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

240

Insert the following new Clause—

“Review of border security

(1)     The Secretary of State must undertake a review of border security in the
United Kingdom.

(2)     The review must consider the adequacy of resources currently available for
border security at all points of entry to the United Kingdom.

(3)     The review must be published and laid before both Houses of Parliament
within one year of the passing of this Act.”

LORD MARLESFORD

241*

Insert the following new Clause—

“Obligation to provide information on prospects

(1)     A condition of the issue of a new passport to, or the renewal of a passport
of a British citizen who was either born outside the United Kingdom or
who was not a British citizen at birth by Her Majesty’s Passport Office is
that the citizen supplies details of their citizenship of other countries and of
passports held relating to any such status at the time of application.

(2)     A person holding a passport issued or renewed in accordance with
subsection (1) must supply that Office with information regarding any
acquisition or loss of citizenship of another country within one month of
such a change.

(3)     Information gathered by Her Majesty’s Passport Office for the purposes of
subsections (1) and (2) shall be made available—

(a)   to the Home Secretary for consideration as part of a decision made
under section 40(4A) of the British Nationality Act 1981;

(b)   to immigration officers for consideration when undertaking their
duties.”

Clause 47

BARONESS LISTER OF BURTERSETT

LORD SWINFEN

242

Page 46, line 3, at end insert—

“( )     Persons whose first language is British Sign Language will be exempt from
this provision.”

Clause 62

LORD BATES

243

Page 52, line 39, leave out “any provision of section 2, 4, 5, 6 or 7” and insert
“primary legislation”

244

Page 52, line 40, at end insert—

“( )   regulations under section (Functions in relation to labour market)
which amend or repeal primary legislation,

( )   regulations under section (Power to request LME undertaking),
(Measures in LME undertakings) or (Measures in LME orders),”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

245*

Page 52, line 40, at end insert—

“( )   regulations under section (Review of the remit of the Gangmasters
Licensing Authority
),”

In the Title

LORD BATES

246

Line 3, leave out “Director of Labour Market Enforcement” and insert
“enforcement of certain legislation relating to the labour market”

 

Prepared 15th January 2016