Immigration Bill (HL Bill 79)

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

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

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determined, abandoned or withdrawn.”

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

(2) In subsection (2), after “subsections” insert “(2A),”.

(3) After subsection (2) insert—

(2A) A personal licence ceases to have effect if the holder of the licence
ceases to be entitled to work in the United Kingdom.”

15 (1) 15Section 120 (determination of application for grant) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) insert—

(aa) he is entitled to work in the United Kingdom,”;

(b) in paragraph (d), at the end insert “or required to pay an immigration
20penalty”.

(3) In subsection (3), for “paragraph (a), (b) or (c)” substitute “any of paragraphs
(a) to (c)”.

(4) In subsection (4), for “(a), (b) and (c)” substitute “(a) to (c)”.

(5) In subsection (5)—

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

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

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

(6) After subsection (5) insert—

(5A) 30If it appears to the authority that the applicant meets the conditions
in paragraphs (a) to (c) of subsection (2) but fails to meet the
condition in paragraph (d) of that subsection by virtue of having
been—

(a) convicted of an immigration offence,

(b) 35convicted of a foreign offence that the authority considers to
be comparable to an immigration offence, or

(c) required to pay an immigration penalty,

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

(5B) Where, having regard to—

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

(b) any conviction of the applicant for a foreign offence which
the Secretary of State considers to be comparable to an
immigration offence, and

(c) the applicant having been required to pay any immigration
45penalty,

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the Secretary of State is satisfied that granting the licence would be
prejudicial to the prevention of illegal working in licensed premises,
the Secretary of State must, within the period of 14 days beginning
with the day the Secretary of State received the notice under
5subsection (5A), give the authority a notice stating the reasons for
being so satisfied (an “immigration objection notice”).”

(7) In subsection (6), for “is given within that period (or the notice is
withdrawn)” substitute “or immigration objection notice is given within the
period of 14 days referred to in subsection (5) or (5B) (as the case may be), or
10any such notice given is withdrawn,”.

(8) In subsection (7)—

(a) in the words before paragraph (a), for “In any other case,” substitute
“Where an objection notice or an immigration objection notice is
given within the period of 14 days referred to in subsection (5) or (5B)
15(as the case may be), and not withdrawn,”;

(b) in paragraph (a)—

(i) omit “objection”;

(ii) for “chief officer of police” substitute “person who gave the
notice”;

(c) 20for paragraph (b) substitute—

(b) having regard to the notice, must—

(i) where the notice is an objection notice, reject
the application if it considers it appropriate
for the promotion of the crime prevention
25objective to do so, or

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

(9) 30After subsection (7) insert—

(7A) An application that is not rejected by the authority under subsection
(7)(b) must be granted by it.”

16 (1) Section 122 (notification of determinations) is amended as follows.

(2) In subsection (1)—

(a) 35after “objection notice” insert “or the Secretary of State gave an
immigration objection notice”;

(b) after “(which” insert “, in either case,”.

(3) After subsection (2) insert—

(2A) Where the Secretary of State gave an immigration objection notice
40(which was not withdrawn) the notice under subsection (1)(a) or (2),
as the case may be, must also be given to the Secretary of State.”

(4) In subsection (3), in the definition of “objection notice”, for “has” substitute
“and “immigration objection notice” have”.

17 (1) Section 123 (duty to notify licensing authority of convictions during
45application period) is amended as follows.

(2) In the heading, after “convictions” insert “etc”.

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(3) In subsection (1)—

(a) after “application period” insert “, or is required to pay an
immigration penalty during that period”;

(b) after “conviction” insert “or the requirement to pay (as the case may
5be)”.

18 (1) Section 124 (convictions coming to light after grant) is amended as follows.

(2) In subsection (1)—

(a) for “(“the offender”)” substitute “(“the licence holder”)”;

(b) at the end insert “or was required during that period to pay an
10immigration penalty”.

(3) In subsection (3)—

(a) in paragraph (a)—

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

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

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

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

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

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

(4) After subsection (3) insert—

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

(a) convicted of an immigration offence,

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

(c) required to pay an immigration penalty,

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

(3B) Where, having regard to—

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

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

(c) the licence holder having been required before the end of the
40application period to pay any immigration penalty,

the Secretary of State is satisfied that continuation of the licence
would be prejudicial to the prevention of illegal working in licensed
premises, the Secretary of State must, within the period of 14 days
beginning with the day the Secretary of State received the notice
45under subsection (3A), give the authority a notice stating the reasons
for being so satisfied (an “immigration objection notice”).”

(5) In subsection (4)—

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(a) in the words before paragraph (a), for “is given within that period”
substitute “or an immigration objection notice is given within the
period of 14 days referred to in subsection (3) or (3B), as the case may
be,”;

(b) 5in paragraph (a)—

(i) omit “objection”;

(ii) for “holder of the licence, the chief officer of police” substitute
“licence holder, the person who gave the notice”;

(c) in paragraph (b), for the words from “revoke” to the end of the
10paragraph substitute

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

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

(6) After subsection (5) insert—

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

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

(2) For “of each” substitute of—

(a) 25each”.

(3) At the end insert—

(b) each immigration penalty that the holder has been required
to pay and the date of each notice by which such a penalty
was imposed.”

20 (1) 30Section 132 (licence holder’s duty to notify licensing authority of
convictions) is amended as follows.

(2) In the heading, after “convictions” insert “etc”.

(3) After subsection (2) insert—

(2A) Subsection (2B) applies where the holder of a personal licence is
35required to pay an immigration penalty.

(2B) The holder must, as soon as reasonably practicable after being
required to pay the penalty, give the relevant licensing authority a
notice containing details of the penalty, including the date of the
notice by which the penalty was imposed.”

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

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

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7A An offence under any of the Immigration Acts.”

Part 4 Rights of entry

22 (1) Section 179 of the Licensing Act 2003 (rights of entry to investigate licensable
5activities) is amended as follows.

(2) After subsection (1) insert—

(1A) Where an immigration officer has reason to believe that any
premises are being used for a licensable activity within section
1(1)(a) or (d), the officer may enter the premises with a view to seeing
10whether an offence under any of the Immigration Acts is being
committed in connection with the carrying on of the activity.”

(3) In subsection (2)—

(a) after “authorised person” insert “or an immigration officer”;

(b) for “the power”, in the first place it occurs, substitute “a power”.

(4) 15In subsection (3), for “the power” substitute “a power”.

(5) In subsection (4), after “authorised person” insert “or an immigration
officer”.

(6) In subsection (6)—

(a) omit “and” at the end of the definition of “authorisation”;

(b) 20at the end of the subsection insert—

  • ““immigration officer” means a person appointed as an
    immigration officer under paragraph 1 of Schedule 2
    to the Immigration Act 1971.”

Part 5 25Appeals

23 Schedule 5 to the Licensing Act 2003 (appeals) is amended as follows.

24 (1) Paragraph 6 (transfer of licence) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “42(6)” insert “or the Secretary of State gave a notice under
30section 42(8)”;

(b) after “(which” insert “, in either case,”.

(3) In sub-paragraph (2), after “police” insert “or the Secretary of State, as the
case may be,”.

25 (1) Paragraph 7 (interim authority notice) is amended as follows.

(2) 35In sub-paragraph (1)(b)—

(a) after “48(2)” insert “or the Secretary of State gives a notice under
section 48(2B)”;

(b) after “(which” insert “, in either case,”.

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(3) In sub-paragraph (3), for “the notice under that subsection,” substitute “the
interim authority notice under section 48(3) after the giving of a notice by a
chief officer of police under section 48(2),”.

(4) After sub-paragraph (3) insert—

(3A) 5Where the relevant licensing authority decides not to cancel the
interim authority notice under section 48(3) after the giving of a
notice by the Secretary of State under section 48(2B), the Secretary
of State may appeal against that decision.”

26 In paragraph 9 (general provision about appeals under Part 1 of Schedule 5),
10in sub-paragraph (4), after “paragraph 7(3)” insert “or (3A)”.

27 (1) Paragraph 17 (personal licences) is amended as follows.

(2) In sub-paragraph (2)—

(a) for “section 120(7)” substitute “120(7A) after the giving of a notice
under section 120(5)”;

(b) 15for “objection notice (within the meaning of section 120(5))”
substitute “notice”.

(3) After sub-paragraph (2) insert—

(2A) Where a licensing authority grants an application for a personal
licence under section 120(7A) after the giving of a notice under
20section 120(5B), the Secretary of State may appeal against that
decision.”

(4) After sub-paragraph (5) insert—

(5A) Where in a case to which section 124 applies—

(a) the Secretary of State gives a notice under subsection (3B)
25of that section (and does not later withdraw it), and

(b) the licensing authority decides not to revoke the licence,

the Secretary of State may appeal against the decision.”

(5) In sub-paragraph (8), for “(2), (3) or (5)” substitute “(2), (2A), (5) or (5A)”.

28 At the end insert—

30“Part 4 Questions about leave to enter or remain in the UK

On an appeal under this Schedule, a magistrates’ court is not
entitled to entertain any question as to whether—

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

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

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Part 6 General

29 In section 10 of the Licensing Act 2003, (sub-delegation of functions by
licensing committee etc), in subsection (4)(a), in sub-paragraphs (v), (vi) and
5(x), omit “police”.

30 (1) Section 193 of the Licensing Act 2003 (other definitions) is amended as
follows.

(2) The existing text becomes subsection (1).

(3) After that subsection insert—

(2) 10For the purposes of references in this Act to the prevention of illegal
working in licensed premises, a person is working illegally if by
doing that work at that time the person is committing an offence
under section 24B of the Immigration Act 1971.”

31 In section 194 of the Licensing Act 2003 (index of defined expressions), insert
15the following entries at the appropriate places—

“entitled to
work in the
United
Kingdom
section 192A”


“immigration
offence
20section 113”
“immigration
penalty (and
required to
pay, in
relation to an
immigration
penalty)
section 113”


25


“working
illegally, in
relation to the
prevention of
illegal
working in
licensed
premises
section 193”
30




35

32 In the Police Reform and Social Responsibility Act 2011, omit sections 109(9)
and (10) and 111(3) and (5).

Part 7 40Transitional provision

33 The amendments of sections 13, 16, 42, 47 and 120 of the Licensing Act 2003
made by paragraphs 3, 4, 6, 9 and 15 respectively of this Schedule do not
apply in relation to applications made, or interim authority notices given,
before the coming into force of the respective paragraph.

34 45The amendment of section 27 of the Licensing Act 2003 made by paragraph
5 of this Schedule does not apply in relation to a premises licence granted
before the coming into force of that paragraph.

35 The amendments of section 115 of the Licensing Act 2003 made by
paragraph 14 of this Schedule do not apply in relation to a personal licence
50granted before the coming into force of that paragraph.

36 The amendment of Schedule 4 to the Licensing Act 2003 made by paragraph
21 of this Schedule applies on and after the coming into force of that
paragraph in relation to—

(a) personal licences granted before, on or after the coming into force of
55that paragraph, and

(b) offences committed before, on or after the coming into force of that
paragraph.

Section 11

SCHEDULE 2 Private hire vehicles etc

60Metropolitan Public Carriage Act 1869 (c. 115)1869 (c. 115)

1 The Metropolitan Public Carriage Act 1869 is amended as follows.

2 In section 8(7) (driver’s licence to be in force for three years unless
suspended or revoked) for “A” substitute “Subject to section 8A, a”.

3 After section 8 insert—

8A 65Drivers’ licences for persons subject to immigration control

(1) Subsection (2) applies if—

(a) a licence under section 8 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) 70the 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
75the leave period.

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(2) Transport for London must grant the licence for a period which ends
at or before the end of the leave period.

(3) Subsection (4) applies if—

(a) a licence under section 8 is to be granted to a person who has
5been 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) 10Transport for London must grant the licence for a period that does
not exceed six months.

(5) A licence under section 8 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.

(6) 15If 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
Transport for London—

(a) the licence,

(b) 20the person’s copy of the licence (if any), and

(c) the person’s driver’s badge.

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

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

(b) 25in the case of a continuing offence, to a fine not exceeding ten
pounds for each day during which an offence continues after
conviction.

(8) For the purposes of this section a person is disqualified by reason of
the person’s immigration status from driving a hackney carriage if
30the 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) 35is 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
40from driving a hackney carriage.

(9) 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
45Kingdom, 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.

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(10) 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.”

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)1976 (c. 57)

4 5The Local Government (Miscellaneous Provisions) Act 1976 is amended as
follows.

5 (1) Section 51 (licensing of drivers of private hire vehicles) is amended as
follows.

(2) In subsection (1)—

(a) 10in 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) 15After subsection (1) insert—

(1ZA) 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, a district council must
have regard to any guidance issued by the Secretary of State.”

6 20In section 53(1) (drivers’ licences for hackney carriages and private hire
vehicles)—

(a) in paragraph (a) for “Every” substitute “Subject to section 53A,
every”, and

(b) in paragraph (b) after “1889,” insert “but subject to section 53A,”.

7 25After section 53 insert—

53A Drivers’ licences for persons subject to immigration control

(1) Subsection (2) applies if—

(a) a licence within section 53(1)(a) or (b) is to be granted to a
person who has been granted leave to enter or remain in the
30United 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
35would have been in force would have ended after the end of
the leave period.

(2) The district council which grants the licence 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) 40Subsection (4) applies if—

(a) a licence within section 53(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

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

(4) The district council which grants the licence must specify a period in
5the licence as the period for which it remains in force; and that period
must not exceed six months.

(5) A licence within section 53(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) 10A licence within section 53(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 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
15after the day on which the person first became disqualified, return
the licence and the person’s driver’s badge to the district council
which granted the licence.

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

(a) 20to 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.”

8 (1) Section 55 (licensing of operators of private hire vehicles) is amended as
25follows.

(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
30not 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
35applicant is disqualified by reason of the applicant’s immigration
status from operating a private hire vehicle, a district council must
have regard to any guidance issued by the Secretary of State.”

(4) In subsection (2) for “Every” substitute “Subject to section 55ZA, every”.

9 After section 55 insert—

55ZA 40 Operators’ licences for persons subject to immigration control

(1) Subsection (2) applies if—

(a) a licence under section 55 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”);