Immigration Bill (HL Bill 79)

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(4) Provision made under subsection (3) may be intended to result in a fee in
respect of a specified function which exceeds the costs of exercising the
function.

(5) In specifying the amount of any fee, or hourly rate or other factor, the Secretary
5of State may have regard only to the costs of exercising—

(a) the function;

(b) any other function of the Secretary of State in connection with United
Kingdom passports or other UK travel documents;

(c) any consular function.

10This is subject to section 57(5).

(6) In respect of any fee provided for under this section, passport fees regulations
may—

(a) provide for exceptions;

(b) provide for the reduction, waiver or refund of part or all of a fee
15(whether by conferring a discretion or otherwise);

(c) make provision about—

(i) the consequences of failure to pay a fee;

(ii) enforcement;

(iii) when a fee may or must be paid.

(7) 20In this section—

  • “consular function” means—

    (a)

    any of the functions described in Article 5 of the Vienna
    Convention on Consular Relations set out in Schedule 1 to the
    Consular Relations Act 1968;

    (b)

    25any function in the United Kingdom which corresponds to a
    function mentioned in paragraph (a);

    in each case regardless of whether the function is exercised by a
    consular officer or by another person authorised by the Secretary of
    State;

  • 30“costs” includes—

    (a)

    the costs of the Secretary of State, and

    (b)

    the costs of any other person (whether or not funded from
    public money);

  • “function” includes a power or a duty;

  • 35“specified” means specified in passport fees regulations;

  • “travel document” means a document which enables or facilitates travel
    from one state to another and a “UK travel document” means such a
    document issued by the Secretary of State;

  • “United Kingdom passport” has the same meaning as in the Immigration
    40Act 1971 (see section 33 of that Act).

(8) Any reference in this section to the exercise of a function includes a reference
to its exercise in particular circumstances, including its exercise—

(a) at particular times or in a particular place;

(b) under particular arrangements;

(c) 45otherwise in particular ways,

and, for this purpose, “arrangements” includes arrangements for the
convenience of applicants or persons making requests for the exercise of a
function.

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57 Passport fees regulations: supplemental

(1) Passport fees regulations may be made only with the consent of the Treasury.

(2) A fee under section 56 may relate to something done outside the United
Kingdom.

(3) 5Fees payable by virtue of section 56 may be recovered as a debt due to the
Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 56 must be—

(a) paid into the Consolidated Fund, or

(b) applied in such other way as passport fees regulations may specify.

(5) 10Section 56 is without prejudice to—

(a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc),

(b) section 102 of the Finance (No 2) Act 1987 (government fees and
charges), or

(c) any other power to charge a fee.

58 15Power to charge for passport validation services

(1) The Secretary of State may charge a fee in respect of the provision of passport
validation services to persons on request.

(2) “Passport validation services” are services in connection with confirming the
validity of United Kingdom passports or the accuracy of the information
20contained in them which are provided for the purpose of preventing or
detecting crime.

(3) In this section “United Kingdom passport” has the same meaning as in the
Immigration Act 1971 (see section 33 of that Act).

(4) A fee payable under this section may be recovered as a debt due to the
25Secretary of State.

(5) Fees paid to the Secretary of State under this section must be—

(a) paid into the Consolidated Fund, or

(b) applied in such other way as the Secretary of State may by regulations
specify.

(6) 30Regulations under subsection (5) may be made only with the consent of the
Treasury.

(7) This section is without prejudice to—

(a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc),

(b) section 102 of the Finance (No 2) Act 1987 (government fees and
35charges), or

(c) any other power to charge a fee.

59 Civil registration fees

(1) Schedule 12 (civil registration fees) has effect.

(2) In that Schedule—

(a) 40Part 1 amends enactments about civil registration in connection with
powers to make regulations for the charging of fees, and

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(b) Part 2 makes consequential and related amendments.

Part 9 Final provisions

60 Financial provisions

5The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a Minister
of the Crown, a person holding office under Her Majesty or a
government department, and

(b) any increase attributable to the Act in the sums payable under any
10other Act out of money so provided.

61 Transitional and consequential provision

(1) The Secretary of State may by regulations make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any provision of this Act.

(2) 15The Secretary of State may by regulations make such provision as the Secretary
of State considers appropriate in consequence of this Act.

(3) The provision that may be made by regulations under subsection (2) includes
provision amending, repealing or revoking any enactment.

(4) “Enactment” includes—

(a) 20an 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
25or Act of the National Assembly for Wales;

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

(5) In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration
Acts”)—

(a) 30omit the “and” at the end of paragraph (i), and

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

(k) the Immigration Act 2016.”

62 Regulations

(1) Regulations made by the Secretary of State or the Chancellor of the Duchy of
35Lancaster under this Act are to be made by statutory instrument.

(2) A statutory instrument containing any of the following regulations may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament—

(a) regulations under section 3 which amend or repeal any provision of
40section 2, 4, 5, 6 or 7,

(b) regulations under section 10(2),

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(c) regulations under section 11(2),

(d) regulations under section 16(1) or (2),

(e) regulations under section 43(1) or (2),

(f) regulations under section 48(6),

(g) 5regulations under section 49(1),

(h) passport fees regulations within the meaning of section 56 which
include provision specifying functions as mentioned in subsection (1)
of that section,

(i) regulations under section 61(2) which amend or repeal primary
10legislation,

(j) regulations under paragraph 1(12) of Schedule 3, and

(k) regulations under paragraph 2(7) of that Schedule.

(3) Primary legislation means any of the following—

(a) an Act of Parliament;

(b) 15an Act of the Scottish Parliament;

(c) a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.

(4) A statutory instrument containing any other regulations made by the Secretary
of State or the Chancellor of the Duchy of Lancaster under this Act is subject to
20annulment in pursuance of a resolution of either House of Parliament.

(5) Subsection (4) does not apply to regulations under section 61(1) or 63(1).

(6) Regulations made by the Secretary of State or the Chancellor of the Duchy of
Lancaster under this Act—

(a) may make different provision for different purposes or areas,

(b) 25may make provision which applies generally or for particular purposes
or areas,

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

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

63 Commencement

(1) 30Subject to subsections (3) to (5) this Act comes into force on such day as the
Secretary of State appoints by regulations.

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

(3) Subsections (3) to (5) of section 32 come into force on the day on which this Act
35is passed.

(4) Section 55 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

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

64 Extent

(1) 40This Act extends to England and Wales, Scotland and Northern Ireland, subject
as follows.

(2) Sections 39 to 42 extend to England and Wales only.

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(3) Part 7 extends to England and Wales and Scotland only.

(4) Any amendment, repeal or revocation made by this Act has the same extent
within the United Kingdom as the provision to which it relates.

(5) Her Majesty may by Order in Council provide for any of the provisions of this
5Act to extend, with or without modifications, to any of the Channel Islands or
the Isle of Man.

(6) A power under any provision listed in subsection (7) may be exercised so as to
extend (with or without modifications) to any of the Channel Islands or the Isle
of Man any amendment or repeal made by or under this Act of any part of an
10Act to which the provision listed in subsection (7) relates.

(7) Those provisions are—

(a) section 36 of the Immigration Act 1971,

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

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

(d) 15section 170(7) of the Immigration and Asylum Act 1999,

(e) section 163(4) of the Nationality, Immigration and Asylum Act 2002,

(f) section 49(3) of the Asylum and Immigration (Treatment of Claimants,
etc) Act 2004,

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

(h) 20section 60(4) of the UK Borders Act 2007, and

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

65 Short title

This Act may be cited as the Immigration Act 2016.

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SCHEDULES

Section 10

SCHEDULE 1 Licensing Act 2003: amendments relating to illegal working

Part 1 5Entitlement to work in the United Kingdom

1 After section 192 of the Licensing Act 2003 insert—

192A Entitlement to work in the United Kingdom

(1) For the purposes of this Act an individual is entitled to work in the
United Kingdom if—

(a) 10the individual does not under the Immigration Act 1971
require leave to enter or remain in the United Kingdom, or

(b) the individual has been granted such leave and the leave—

(i) is not invalid,

(ii) has not ceased to have effect (whether by reason of
15curtailment, revocation, cancellation, passage of time
or otherwise), and

(iii) is not subject to a condition preventing the individual
from doing work relating to the carrying on of a
licensable activity within section 1(1)(a) or (d).

(2) 20Where an individual is on immigration bail within the meaning of
Part 1 of Schedule 7 to the Immigration Act 2016—

(a) the individual is to be treated for the purposes of subsection
(1) as if the individual had been granted leave to enter the
United Kingdom, but

(b) 25any condition as to the individual’s work in the United
Kingdom to which the individual’s immigration bail is
subject is to be treated for those purposes as a condition of
leave.”

Part 2 30Premises licences

2 Part 3 of the Licensing Act 2003 (premises licences) is amended as follows.

3 In section 13(4) (meaning of “responsible authority”), after paragraph (h)

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insert—

(ha) where the premises (not being a vessel) are being, or are
proposed to be, used for a licensable activity within section
1(1)(a) or (d), the Secretary of State,”.

4 (1) 5Section 16 (applicant for premises licence) is amended as follows.

(2) In subsection (1), at the beginning insert “Subject to subsections (2) and
(2A),”.

(3) In subsection (2), omit “But”.

(4) After subsection (2) insert—

(2A) 10An individual who is resident in the United Kingdom may not apply
for a premises licence authorising premises to be used for a licensable
activity within section 1(1)(a) or (d) unless the individual is entitled
to work in the United Kingdom.”

5 In section 27 (death, incapacity, insolvency etc of licence holder), after
15subsection (1) insert—

(1A) A premises licence that authorises premises to be used for a
licensable activity within section 1(1)(a) or (d) also lapses if the
holder of the licence ceases to be entitled to work in the United
Kingdom at a time when the holder of the licence is resident in the
20United Kingdom (or becomes so resident without being entitled to
work in the United Kingdom).”

6 (1) Section 42 (application for transfer of premises licence) is amended as
follows.

(2) After subsection (2) insert—

(2A) 25Where the applicant is an individual who is resident in the United
Kingdom and the premises licence authorises premises to be used for
a licensable activity within section 1(1)(a) or (d) he must also be
entitled to work in the United Kingdom.”

(3) After subsection (5) insert—

(5ZA) 30Where the premises licence authorises premises to be used for a
licensable activity within section 1(1)(a) or (d), the relevant person
must also give notice of the application to the Secretary of State.”

(4) In subsection (5A), for “subsection (5)” substitute “subsections (5) and
(5ZA)”.

(5) 35After subsection (7) insert—

(8) Where the Secretary of State is given notice under subsection (5ZA)
and is satisfied that the exceptional circumstances of the case are
such that granting the application would be prejudicial to the
prevention of illegal working in licensed premises, the Secretary of
40State must give the relevant licensing authority a notice stating the
reasons for being so satisfied.

(9) The Secretary of State must give that notice within the period of 14
days beginning with the day on which the Secretary of State is
notified of the application under subsection (5ZA).”

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7 (1) Section 44(5) (determination of transfer application) is amended as follows.

(2) In the words before paragraph (a), after “section 42(6)” insert “or (8)”.

(3) In paragraph (a), for “chief officer of police” substitute “person”.

(4) For paragraph (b) substitute—

(b) 5having regard to the notice—

(i) where the notice is given under section 42(6), reject
the application if it considers it appropriate for the
promotion of the crime prevention objective to do so,
or

(ii) 10where the notice is given under section 42(8), reject
the application if it considers it appropriate for the
prevention of illegal working in licensed premises to
do so.”

8 (1) Section 45 (notification of determination under section 44) is amended as
15follows.

(2) In subsection (2)—

(a) after “that section” insert “or the Secretary of State gave a notice
under subsection (8) of that section”;

(b) for “(and it” substitute “(which, in either case,”

(3) 20After subsection (2) insert—

(2A) Where the Secretary of State gave a notice under subsection (8) of
section 42 (which was not withdrawn), the notice under subsection
(1) of this section must also be given to the Secretary of State.”

9 (1) Section 47 (interim authority notice following death etc of licence holder) is
25amended as follows.

(2) In subsection (1)—

(a) after “or (c)” insert “or (1A)”;

(b) after “holder” insert “or change of immigration status”.

(3) In subsection (3), after “subject to” insert “subsection (3A) and”.

(4) 30After subsection (3) insert—

(3A) Where the premises licence authorises premises to be used for a
licensable activity within section 1(1)(a) or (d), a person falling
within subsection (2)(a) or (b) who is an individual who is resident
in the United Kingdom may give an interim authority notice only if
35the person is entitled to work in the United Kingdom.”

(5) In subsection (7), after paragraph (a) insert—

(aa) where the premises licence authorises premises to be used for
a licensable activity within section 1(1)(a) or (d), at the end of
the initial 28 day period unless before that time the person
40who gave the interim authority notice has given a copy of the
notice to the Secretary of State;”.

(6) In subsection (7A)—

(a) in paragraph (a), for “subsection (7)(a) does” substitute “paragraphs
(a) and (aa) of subsection (7) do”;

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(b) in paragraph (b), at the end insert “and, where the premises licence
authorises premises to be used for a licensable activity within section
1(1)(a) or (d), to the Secretary of State.”

10 (1) Section 48 (cancellation of interim authority notice following police
5objections) is amended as follows.

(2) In the heading, omit “police”.

(3) In subsection (1), for “This section” substitute “Subsection (2)”.

(4) After subsection (2) insert—

(2A) Subsection (2B) applies where—

(a) 10an interim authority notice by a person (“the relevant
person”) is given in accordance with section 47,

(b) the Secretary of State is given a copy of the interim authority
notice before the end of the initial 28 day period (within the
meaning of that section), and

(c) 15the Secretary of State is satisfied that the exceptional
circumstances of the case are such that a failure to cancel the
interim authority notice would be prejudicial to the
prevention of illegal working in licensed premises.

(2B) The Secretary of State must before the end of the second working day
20following receipt of the copy of the interim authority notice give the
relevant licensing authority a notice stating why the Secretary of
State is so satisfied.”

(5) In subsection (3)—

(a) in the words before paragraph (a), for “by the chief officer of police”
25substitute “under subsection (2) or (2B)”;

(b) in paragraph (a), for “chief officer of police” substitute “person who
gave the notice”;

(c) for paragraph (b) substitute—

(b) having regard to the notice—

(i) 30where the notice is given under subsection (2),
cancel the interim authority notice if it
considers it appropriate for the promotion of
the crime prevention objective to do so, or

(ii) where the notice is given under subsection
35(2B), cancel the interim authority notice if it
considers it appropriate for the prevention of
illegal working in licensed premises to do so.”

(6) After subsection (5) insert—

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

11 In section 50 (reinstatement of licence on transfer following death etc of
holder), in subsection (3), for “(who, in the case of an individual, is aged 18
or over)” substitute “(and who would, where applicable, satisfy subsections
45(2) and (2A) of section 42)”.

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Part 3 Personal licences

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

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

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

(3) After subsection (2) insert—

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

(a) 10an offence referred to in paragraph 7A of Schedule 4, or

(b) an offence listed in paragraph 24 or 25 of Schedule 4 that is
committed in relation to an offence referred to in paragraph
7A of that Schedule.”

(4) At the end insert—

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

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

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

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

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

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

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

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

(b) if a notice of objection was given within that period, the
period for appealing under section 17 of that Act has expired
35and any appeal brought within that period has been finally
determined, abandoned or withdrawn.

(7) For the purposes of this Part a person to whom a penalty notice
under section 23 of the 2014 Act has been given is not to be treated as
having been required to pay an immigration penalty if—

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

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

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