Immigration Bill (HL Bill 79)

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(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
5would 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) 10Subsection (4) 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; and

(b) the person’s leave has been extended by virtue of section 3C
15of the Immigration Act 1971 (continuation of leave pending
variation decision).

(4) 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 not exceed six months.

(5) 20A licence under section 55 ceases to be in force if the person to whom
it was granted becomes disqualified by reason of the person’s
immigration status from operating a private hire vehicle.

(6) If subsection (5) applies to a licence, the person to whom it was
granted must, within the period of 7 days beginning with the day
25after the day on which the person first became disqualified, return it
to the district council which granted the licence.

(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) 30in the case of a continuing offence, to a fine not exceeding ten
pounds for each day during which an offence continues after
conviction.”

10 (1) Section 59 (qualification for drivers of hackney carriages) is amended as
follows.

(2) 35In 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
40driving a hackney carriage; or”.

(3) After 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 hackney carriage, a district council must have
45regard to any guidance issued by the Secretary of State.”

11 In section 61(1) (suspension and revocation of drivers’ licences) before the

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“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;”.

12 5In section 62(1) (suspension and revocation of operators’ licences) 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;”.

13 10In section 77 (appeals) after subsection (3) insert—

(4) On an appeal under this Part of 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
15enter 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.”

14 After section 79 insert—

79A 20Persons disqualified by reason of immigration status

(1) For the purposes of this Part 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) 25the 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) 30has 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) 35Where 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) 40any 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
45to enter or remain in the United Kingdom.

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

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(a) drives a private hire vehicle;

(b) operates a private hire vehicle; or

(c) drives a hackney carriage.

79B Immigration offences and immigration penalties

(1) 5In this Part of 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
10conspiracy to commit an offence within paragraph (a).

(2) In this Part of this Act “immigration penalty” means a penalty
under—

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

(b) 15section 23 of the Immigration Act 2014 (“the 2014 Act”).

(3) For the purposes of this Part 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
20that Act; or

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

(4) For the purposes of this Part of this Act a person to whom a penalty
notice under section 15 of the 2006 Act has been given is not to be
25treated 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) 30if 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 Part of this Act a person to whom a penalty
35notice 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
40Act.

(6) For the purposes of this Part 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) 45the 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

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(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.”

5Private Hire Vehicles (London) Act 1998 (c. 34)1998 (c. 34)

15 The Private Hire Vehicles (London) Act 1998 is amended as follows.

16 In section 1(1) (meaning of “private hire vehicle” etc)—

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

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

(c) 10“operate”, in relation to a private hire vehicle, means
to make provision for the invitation or acceptance of,
or to accept, private hire bookings in relation to the
vehicle.”

17 (1) Section 3 (London operator’s licences) is amended as follows.

(2) 15In subsection (3) 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 private hire vehicle; and”

(3) After subsection (3) insert—

(3A) 20In determining for the purposes of subsection (3) whether an
applicant is disqualified by reason of the applicant’s immigration
status from operating a private hire vehicle, the licensing authority
must have regard to any guidance issued by the Secretary of State.”

(4) In subsection (5) for “A” substitute “Subject to section 3A, a”.

18 25After section 3 insert—

3A London PHV operator’s licences for persons subject to immigration
control

(1) Subsection (2) applies if—

(a) a London PHV operator’s licence is to be granted to a person
30who 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) 35apart 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) 40Subsection (4) applies if—

(a) a London PHV 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

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

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

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

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

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

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

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

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

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

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

(3) After subsection (2) insert—

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

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

20 30After section 13 insert—

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

(1) Subsection (2) applies if—

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

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

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

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

(3) 45Subsection (4) applies if—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23 40After section 35 insert—

35A Persons disqualified by reason of immigration status

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

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

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

(i) is invalid;

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

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

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

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

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

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

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

(a) operates a private hire vehicle; or

(b) drives a private hire vehicle.

35B Immigration offences and immigration penalties

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

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

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

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

(2) In this Act “immigration penalty” means a penalty under—

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

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

(3) 35For the purposes of this Act a person to whom a penalty notice under
section 15 of the 2006 Act has been given is not to be treated as having
been required to pay an immigration penalty if—

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

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

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

(a) 45the period for giving a notice of objection under section 16 of
that Act has expired and the Secretary of State has considered
any notice given within that period; and

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

(5) 5For the purposes of this Act a person to whom a penalty notice under
section 23 of the 2014 Act has been given is not to be treated as having
been required to pay an immigration penalty if—

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

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

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

(a) 15the period for giving a notice of objection under section 29 of
that Act has expired and the Secretary of State has considered
any notice given within that period; and

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

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

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

Section 12

SCHEDULE 3 25Illegal working closure notices and illegal working compliance orders

Illegal working closure notices

1 (1) An immigration officer of at least the rank of chief immigration officer may
issue an illegal working closure notice in respect of premises if satisfied on
reasonable grounds that the conditions in sub-paragraphs (3) and (6) are
30met.

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

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

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

(3) The condition in this sub-paragraph is that an employer operating at the
premises is employing a person over the age of 16 and subject to
40immigration control—

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

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

(i) is invalid,

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

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

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

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

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

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

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

(a) has been convicted of an offence under section 21 of the Immigration,
Asylum and Nationality Act 2006 (“the 2006 Act”),

(b) has, during the period of three years ending with the date on which
the illegal working closure notice is issued, been required to pay a
20penalty under section 15 of the 2006 Act, or

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

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

(8) For the purposes of sub-paragraph (6)(b) and (c)

(a) a person to whom a penalty notice under section 15 of the 2006 Act
has been given is not to be treated as having been required to pay the
30penalty if—

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

(ii) the penalty is cancelled by virtue of section 16 or 17 of that
Act;

(b) 35a person to whom such a notice has been given is not to be treated as
having been required to pay the penalty until such time as—

(i) the period for giving a notice of objection under section 16 of
the 2006 Act has expired and the Secretary of State has
considered any notice given within that period, and

(ii) 40if a notice of objection was given within that period, the
period for appealing under section 17 of that Act has expired
and any appeal brought within that period has been finally
determined, abandoned or withdrawn.

(9) For the purposes of sub-paragraph (6), a person is a connected person in
45relation to an employer if—

(a) where the employer is a body corporate, the person is—

(i) a director, manager or secretary of the body corporate,

(ii) purporting to act as a director, manager or secretary of the
body corporate, or

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(iii) if the affairs of the body corporate are managed by its
members, a member of the body corporate;

(b) where the employer is a partnership (whether or not a limited
partnership), the person is a partner or purporting to act as a partner;

(c) 5where the employer is an individual, the person is—

(i) a body corporate of which the individual has at any time been
a director, manager or secretary,

(ii) a body corporate in relation to which the individual has at
any time purported to act as a director, manager or secretary,

(iii) 10a body corporate whose affairs are managed by its members
and the individual has at any time been a member of the body
corporate,

(iv) a partnership (whether or not a limited partnership) in which
the individual has at any time been a partner or in relation to
15which the individual has at any time purported to act as a
partner.

(10) An illegal working closure notice may not be issued if the employer shows
in relation to the employment of each illegal worker that if a penalty notice
were given under section 15 of the 2006 Act the employer would be excused
20under subsection (3) of that section from paying the penalty.

(11) An illegal working closure notice may be issued only if reasonable efforts
have been made to inform—

(a) people who live on the premises (whether habitually or not), and

(b) any person who has an interest in the premises,

25that the notice is going to be issued.

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

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

2 (1) 30An illegal working closure notice must—

(a) identify the premises;

(b) explain the effect of the notice;

(c) state that failure to comply with the notice is an offence;

(d) state that an application will be made under paragraph 5 for an
35illegal working compliance order;

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

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

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

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

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

(5) The period specified in an illegal working closure notice to which sub-
45paragraph (3) does not apply may be extended by up to 24 hours if an
extension notice is issued by an officer of at least the rank of immigration
inspector.