Immigration Bill (HL Bill 79)

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(6) An extension notice is a notice which—

(a) identifies the illegal working closure notice to which it relates, and

(b) specifies the period of the extension.

(7) The Secretary of State may by regulations amend sub-paragraph (3) or sub-
5paragraph (5) to change the rank specified in that sub-paragraph.

Cancellation of illegal working closure notices

3 (1) An immigration officer may by the issue of a cancellation notice cancel an
illegal working closure notice if the employer shows in relation to the
employment of each illegal worker that if a penalty notice were given under
10section 15 of the 2006 Act the employer would be excused under subsection
(3) of that section from paying the penalty.

(2) A cancellation notice may be issued only—

(a) by an immigration officer of at least the rank of the immigration
officer who issued the illegal working closure notice, or

(b) 15where the illegal working closure notice has been extended by an
extension notice, by an immigration officer of at least the rank of the
immigration officer who issued the extension notice.

Service of notices

4 (1) A notice under paragraph 1, 2 or 3 must be served by an immigration officer.

(2) 20The immigration officer must if possible—

(a) fix a copy of the notice to at least one prominent place on the
premises,

(b) fix a copy of the notice to each normal means of access to the
premises,

(c) 25fix a copy of the notice to any outbuildings that appear to the
immigration officer to be used with or as part of the premises,

(d) give a copy of the notice to at least one person who appears to the
immigration officer to have control of or responsibility for the
premises,

(e) 30give a copy of the notice to the people who live on the premises and
to any person who does not live there but was informed (under
paragraph 1(11)) that the notice was going to be issued.

(3) If the immigration officer reasonably believes, at the time of serving the
notice, that there are persons occupying another part of the building or other
35structure in which the premises are situated whose access to that part will be
impeded if an illegal working compliance order is made under paragraph 5,
the immigration officer must also if possible serve the notice on those
persons.

(4) The immigration officer may enter any premises, using reasonable force if
40necessary, for the purposes of complying with sub-paragraph (2)(a).

Illegal working compliance orders

5 (1) Whenever an illegal working closure notice is issued an application must be
made to the court for an illegal working compliance order (unless the notice
has been cancelled under paragraph 3).

Immigration BillPage 81

(2) An application for an illegal working compliance order must be made by an
immigration officer.

(3) The application must be heard by the court not later than 48 hours after
service of the illegal working closure notice.

(4) 5In calculating when the period of 48 hours ends, Christmas Day is to be
disregarded.

(5) The court may make an illegal working compliance order in respect of
premises if it is satisfied, on the balance of probabilities—

(a) that the conditions in paragraph 1(3) and (6) are met, and

(b) 10that it is necessary to make the illegal working compliance order to
prevent an employer operating at the premises from employing an
illegal worker.

(6) An illegal working compliance order may—

(a) prohibit or restrict access to the premises;

(b) 15require a person specified in the order to carry out, at such times as
may be so specified, such checks relating to the right to work as may
be prescribed by the Secretary of State in regulations;

(c) require a person specified in the order to produce to an immigration
officer, at such times and such places as may be so specified, such
20documents relating to the right to work as may be prescribed by the
Secretary of State in regulations;

(d) specify the times at which and the circumstances in which an
immigration officer may enter the premises to carry out such
investigations or inspections as may be specified in the order;

(e) 25make such other provision as the court considers appropriate.

(7) Different provisions in an illegal working compliance order may have effect
for different periods.

(8) The maximum period for which an illegal working compliance order or any
provision in it may have effect is 12 months.

(9) 30Provision included in an illegal working compliance order which prohibits
or restricts access may make such provision—

(a) in relation to all persons, all persons except those specified, or all
persons except those of a specified description;

(b) having effect at all times, or at all times except those specified;

(c) 35having effect in all circumstances, or in all circumstances except
those specified.

(10) An illegal working compliance order, or any provision of it, may—

(a) be made in respect of the whole or any part of the premises;

(b) include provision about access to a part of the building or structure
40of which the premises form part.

(11) The court must notify the relevant licensing authority if it makes an illegal
working compliance order in relation to premises in England and Wales in
respect of which a premises licence is in force.

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Illegal working compliance orders: adjournment of hearing

6 (1) This paragraph applies where an application has been made under
paragraph 5 for an illegal working compliance order.

(2) The court may adjourn the hearing of the application for a period of not
5more than 14 days to enable any person who has an interest in the premises
to show why an illegal working compliance order should not be made.

(3) If the court adjourns the hearing it may order that the illegal working closure
notice continues in force until the end of the period of adjournment.

Extension of illegal working compliance orders

7 (1) 10An immigration officer may apply to the court for an extension (or further
extension) of the period for which any provision of an illegal working
compliance order is in force.

(2) The court may grant an application under this paragraph only if it is
satisfied, on the balance of probabilities, that it is necessary to grant it to
15prevent an employer operating at the premises from employing an illegal
worker.

(3) Where an application is made under this section, the court may issue a
summons directed to—

(a) any person on whom the illegal working closure notice was served
20under paragraph 4, or

(b) any other person who appears to the court to have an interest in the
premises,

requiring the person to appear before the court to respond to the application.

(4) If a summons is issued, a notice stating the date, time and place of the
25hearing of the application must be served on the persons to whom the
summons is directed.

(5) No application may be granted under this paragraph such that an illegal
working compliance order, or any provision in it—

(a) is extended for a period exceeding 6 months, or

(b) 30is in force for a period exceeding 24 months in total.

Variation or discharge of illegal working compliance orders

8 (1) An application may be made to the court under this paragraph—

(a) by an immigration officer for an illegal working compliance order to
be varied or discharged,

(b) 35by a person on whom the illegal working closure notice was served
under paragraph 4, or by any other person who has an interest in the
premises, for an illegal working compliance order to be varied or
discharged.

(2) Where an application is made under this paragraph, the court may issue a
40summons directed to—

(a) an immigration officer,

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

Immigration BillPage 83

(c) any other person who appears to the court to have an interest in the
premises,

requiring the person to appear before the court to respond to the application.

(3) If a summons is issued, a notice stating the date, time and place of the
5hearing of the application must be served on the persons to whom the
summons is directed.

(4) The court may not discharge an illegal working compliance order unless it
is satisfied, on the balance of probabilities, that it is no longer necessary to
prevent an employer operating at the premises from employing an illegal
10worker.

Notice and orders: appeals

9 (1) An appeal against a decision—

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

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

(c) 15to order that an illegal working closure notice continues in force,

may be made by a person on whom the illegal working closure notice was
served under paragraph 4, or any other person who has an interest in the
premises.

(2) An appeal against a decision—

(a) 20not to make an illegal working compliance order;

(b) not to extend a provision of an illegal working compliance order, or
not to vary such an order, made on the application of an immigration
officer;

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

(d) 25not to order that an illegal working closure notice continues in force,

may be made by an immigration officer.

(3) An appeal under this paragraph—

(a) if it is in relation to premises in England and Wales or Northern
Ireland, is to the Crown Court,

(b) 30if it is in relation to premises in Scotland, is to the sheriff appeal court.

(4) An appeal under this paragraph must be made within the period of 21 days
beginning with the date of the decision to which it relates.

(5) On an appeal under this paragraph the court may make whatever order it
thinks appropriate.

(6) 35The court must notify the relevant licensing authority if it makes an illegal
working compliance order in relation to premises in England and Wales in
respect of which a premises licence is in force.

Notices and orders: enforcement

10 (1) Where access to premises is prohibited or restricted by virtue of an illegal
40working closure notice or an illegal working compliance order an
immigration officer or a constable may enter the premises and do anything
necessary to secure the premises against entry.

(2) A person acting under sub-paragraph (1) may use reasonable force.

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(3) An immigration officer or a constable, together with any person acting
under that person’s supervision, may also enter such premises to carry out
essential maintenance or repairs.

Notices and orders: offences

11 (1) 5A person who without reasonable excuse remains on or enters premises in
contravention of an illegal working closure notice commits an offence.

(2) A person who without reasonable excuse contravenes an illegal working
compliance order commits an offence.

(3) A person who without reasonable excuse obstructs a person acting under
10paragraph 4 or paragraph 5(1) commits an offence.

(4) A person guilty of an offence under this paragraph is liable on summary
conviction—

(a) in England and Wales, to imprisonment for a term not exceeding 51
weeks, to a fine or to both;

(b) 15in Scotland, to imprisonment for a term not exceeding 12 months, to
a fine not exceeding level 5 on the standard scale or to both;

(c) in Northern Ireland, to imprisonment for a term not exceeding 6
months, to a fine not exceeding level 5 on the standard scale or to
both.

(5) 20In relation to an offence committed before section 281(5) of the Criminal
Justice Act 2003 comes into force, the reference in sub-paragraph (4)(a) to 51
weeks is to be read as a reference to 6 months.

Access to other premises

12 (1) Where—

(a) 25access to premises is prohibited or restricted by a provision of an
illegal working compliance order,

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

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

30an occupier or owner of that other part may apply to the court for an order
under this paragraph.

(2) Notice of an application under this paragraph must be given to—

(a) whatever immigration officer the court thinks appropriate;

(b) each person on whom the illegal working closure notice was served
35under paragraph 4,

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

(3) On an application under this paragraph the court may make whatever order
it thinks appropriate in relation to access to any part of the building or
structure mentioned in sub-paragraph (1).

(4) 40For the purposes of sub-paragraph (3), it does not matter whether provision
has been made under paragraph 5(10)(b).

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Reimbursement of costs

13 (1) Where the Secretary of State incurs expenditure for the purpose of clearing,
securing or maintaining premises in respect of which an illegal working
compliance order is in force, the Secretary of State may apply to the court for
5an order under this paragraph.

(2) On an application under this paragraph the court may make whatever order
it thinks appropriate for the reimbursement (in full or in part) by the owner
or occupier of the premises of the expenditure mentioned in sub-paragraph
(1).

(3) 10An application for an order under this paragraph may not be heard unless it
is made before the end of the period of 3 months starting with the day on
which the illegal working compliance order ceases to have effect.

(4) An order under this paragraph may be made only against a person who has
been served with the application for the order.

15Exemption from liability

14 (1) Each of the following—

(a) the Secretary of State,

(b) an immigration officer,

(c) a police officer,

(d) 20the chief officer of police under whose direction or control a police
officer acts,

is not liable for damages in proceedings for judicial review or the tort of
negligence or misfeasance in public office, arising out of anything done or
omitted to be done by the person in the exercise or purposed exercise of a
25power under this Schedule.

(2) Sub-paragraph (1) does not apply to an act or omission shown to have been
in bad faith.

(3) Sub-paragraph (1) does not apply so as to prevent an award of damages
made in respect of an act or omission on the ground that the act or omission
30was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

(4) This paragraph does not affect any other exemption from liability (whether
at common law or otherwise).

Compensation

15 (1) Subject to sub-paragraph (4), a person who claims to have incurred financial
35loss in consequence of an illegal working closure notice or an illegal working
compliance order may apply to the court for compensation.

(2) An application under this paragraph may not be heard unless it is made
before the end of the period of 3 months starting with the day on which the
notice or order ceases to have effect.

(3) 40On an application under this paragraph the court may order the payment of
compensation out of money provided by Parliament if it is satisfied—

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

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

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

(d) 5that having regard to all the circumstances it is appropriate to order
payment of compensation in respect of that loss.

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

(a) employment;

(b) 10work under a contract personally to do work;

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

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

Guidance

16 (1) The Secretary of State may issue guidance about the exercise of functions
15under this Schedule.

(2) The Secretary of State may revise any guidance issued under this paragraph.

(3) Before issuing or revising guidance under this paragraph the Secretary of
State must consult—

(a) persons whom the Secretary of State considers to represent the views
20of immigration officers and of chief officers of police, and

(b) such other persons as the Secretary of State considers appropriate.

(4) The Secretary of State must arrange for any guidance issued or revised
under this paragraph to be published.

Interpretation

17 (1) 25In this Schedule—

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

    (a)

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

    (b)

    in relation to premises in Scotland, the sheriff court;

  • 30“owner” in relation to premises, means—

    (a)

    a person (other than a mortgagee not in possession) entitled
    to dispose of the fee simple of the premises, whether in
    possession or in reversion;

    (b)

    a person who holds or is entitled to the rents and profits of
    35the premises under a lease that (when granted) was for a term
    of not less than 3 years;

  • “person who has an interest”, in relation to premises, includes—

    (a)

    the owner;

    (b)

    any person with control of or responsibility for the premises;

    (c)

    40any person who otherwise occupies the premises;

  • “premises” includes—

    (a)

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

    (b)

    any outbuildings that are, or are used as, part of premises;

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  • “premises licence” has the meaning given by section 11 of the Licensing
    Act 2003;

  • “relevant licensing authority” has the meaning given by section 12 of
    that Act.

(2) 5In this Schedule—

(a) a reference to employment is to employment under a contract of
service or apprenticeship, whether express or implied and whether
oral or written;

(b) a person is subject to immigration control if under the Immigration
10Act 1971 the person requires leave to enter or remain in the United
Kingdom.

Amendment of Licensing Act 2003

18 After section 167(1) of the Licensing Act 2003 insert—

(1A) This section also applies where a court has made an illegal working
15compliance order under Schedule 3 to the Immigration Act 2016 and
the relevant licensing authority has accordingly received a notice
under that Schedule.”

Section 19

SCHEDULE 4 Bank accounts

1 20The Immigration Act 2014 is amended as follows.

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

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

(1) 25A bank or building society must, at such times or with such
frequency as is specified in regulations made by the Treasury, carry
out an immigration check in relation to each current account held
with it that is not an excluded account.

(2) For the purposes of this section carrying out an “immigration check”
30in relation to a current account means checking whether, according
to information supplied by the Secretary of State to a specified anti-
fraud organisation or a specified data-matching authority, the
account is operated by or for a disqualified person.

(3) A “disqualified person” is a person—

(a) 35who is in the United Kingdom,

(b) who requires leave to enter or remain in the United Kingdom
but does not have it, and

(c) for whom the Secretary of State considers that a current
account should not be provided by a bank or building
40society.

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(4) A current account is an excluded account for the purposes of
subsection (1) if the account is operated by or for a person or body of
a description specified in regulations made by the Treasury.

(5) An account is operated by or for a person or body if the person or
5body is an account holder or a signatory or identified as a beneficiary
in relation to the account.

(6) A bank or building society must—

(a) make arrangements with a specified anti-fraud organisation
or a specified data-matching authority for the purpose of
10enabling the bank or building society to carry out
immigration checks in relation to current accounts, and

(b) pay any reasonable fee required to be paid under those
arrangements.

(7) In this section “specified anti-fraud organisation” and “specified
15data-matching authority” have the same meaning as in section
40(3)(a).

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

(1) This section applies where, as a result of an immigration check
20carried out under section 40A, a bank or building society identifies a
current account that is operated by or for a person who the bank or
building society believes to be a disqualified person.

(2) Where this section applies, the bank or building society (as the case
may be) must as soon as reasonably practicable—

(a) 25notify the Secretary of State that a current account held with
it is operated by or for a person who it believes to be a
disqualified person, and

(b) provide the Secretary of State with such other information as
may be prescribed.

(3) 30A notification made, or information provided, under subsection (2)
must be made or provided in the prescribed form and manner.

(4) In subsections (2) and (3) “prescribed” means prescribed in
regulations made by the Treasury.

(5) Regulations under subsection (2) may (in particular) require the
35provision of information relating to any accounts held with the bank
or building society that are operated by or for the person who is
believed to be a disqualified person.

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

(1) 40Where the Secretary of State receives a notification from a bank or
building society under section 40B(2) in relation to a person, the
Secretary of State must check whether the person is a disqualified
person.

(2) If the Secretary of State determines that the person is a disqualified
45person, the Secretary of State may apply under section 40D for a
freezing order in respect of one or more of the accounts held with the

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bank or building society that are operated by or for the disqualified
person.

(3) If the Secretary of State decides not to apply for a freezing order
under subsection (2), or decides to apply for a freezing order in
5respect of one or more but not all of the accounts held with the bank
or building society that are operated by or for the disqualified
person, the Secretary of State must notify the bank or building
society that it is subject to the duty in section 40G(2) in relation to the
disqualified person.

(4) 10A notification made under subsection (3) must contain the
prescribed information and be made in the prescribed form and
manner.

(5) In subsection (4) “prescribed” means prescribed in regulations made
by the Treasury.

(6) 15If the Secretary of State determines that the person is not a
disqualified person, the Secretary of State must notify the bank or
building society accordingly.

40D Freezing orders

(1) On an application by the Secretary of State under section 40C(2), the
20court may make a freezing order in respect of any account specified
in the application.

(2) A freezing order in respect of an account is an order that prohibits
each person and body by or for whom the account is operated from
making withdrawals or payments from the account.

(3) 25A freezing order may be made subject to exceptions.

(4) An exception may (in particular)—

(a) make provision for the disqualified person to meet his or her
reasonable living expenses and reasonable legal expenses;

(b) allow another person or body by or for whom the account is
30operated to make withdrawals or payments from the
account.

(5) An application for a freezing order may be made without notice.

(6) The court may vary or discharge a freezing order made in respect of
an account (whether made under this section or on an appeal under
35section 40E) on an application made by—

(a) the Secretary of State, or

(b) a person or body by or for whom the account is operated.

(7) If the Secretary of State applies for a freezing order in respect of an
account and the order is not made, or the order is made but
40subsequently discharged, the Secretary of State must notify the bank
or building society that it is subject to the duty in section 40G(2) in
relation to the disqualified person.

(8) A notification made under subsection (7) must contain the
information and be in the form and manner prescribed in regulations
45made under subsection (4) of section 40C for the purposes of
subsection (3) of that section.