Immigration Bill (HL Bill 96)

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

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

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

(2) In subsection (1)—

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

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

(ii) that the applicant is not disqualified by reason
10of the applicant’s immigration status from
driving a private hire vehicle; 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
15status from driving a private hire vehicle, a district council must
have regard to any guidance issued by the Secretary of State.”

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

(a) in paragraph (a) for “Every” substitute “Subject to section 53A,
20every”, and

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

20 After section 53 insert—

“53A Drivers’ licences for persons subject to immigration control

(1) Subsection (2) applies if—

(a) 25a 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 (“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
30pending variation decision); and

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

(2) The district council which grants the licence must specify a period in
35the licence as the period for which it remains in force; and that period
must end at or before the end of the leave period.

(3) Subsection (4) applies if—

(a) a licence within section 53(1)(a) or (b) is to be granted to a
person who has been granted leave to enter or remain in the
40United Kingdom for a limited period; and

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

(4) The 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) A licence within section 53(1)(a) ceases to be in force if the person to
5whom it was granted becomes disqualified by reason of the person’s
immigration status from driving a private hire vehicle.

(6) A 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) 10If a licence granted in accordance with subsection (2) or (4) expires,
the person to whom it was granted must, within the period of 7 days
beginning with the day after that on which it expired, return the
licence and the person’s driver’s badge to the district council which
granted the licence.

(8) 15If subsection (5) or (6) applies to a licence, the person to whom it was
granted must, within the period of 7 days beginning with the day
after the day on which the person first became disqualified, return
the licence and the person’s driver’s badge to the district council
which granted the licence.

(9) 20A person who, without reasonable excuse, contravenes subsection
(7) or (8) is guilty of an offence and liable on summary conviction—

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

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

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

(11) Regulations under subsection (10) may make transitional, transitory
30or saving provision.

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

21 (1) Section 55 (licensing of operators of private hire vehicles) is amended as
35follows.

(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
40not 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
45applicant 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”.

22 After section 55 insert—

“55ZA 5 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”);

(b) 10the 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
15the 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) Subsection (4) applies if—

(a) 20a 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
of the Immigration Act 1971 (continuation of leave pending
25variation 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) A licence under section 55 ceases to be in force if the person to whom
30it was granted becomes disqualified by reason of the person’s
immigration status from operating a private hire vehicle.

(6) If a licence granted in accordance with subsection (2) or (4) expires,
the person to whom it was granted must, within the period of 7 days
beginning with the day after that on which it expired, return the
35licence to the district council which granted the licence.

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

(8) 40A person who, without reasonable excuse, contravenes subsection
(6) or (7) is guilty of an offence and liable on summary conviction—

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

(b) in the case of a continuing offence, to a fine not exceeding ten
pounds for each day during which an offence continues after
45conviction.

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

(10) Regulations under subsection (9) may make transitional, transitory
5or saving provision.

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

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

(2) In subsection (1)—

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

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

(ii) that the applicant is not disqualified by reason
15of the applicant’s immigration status from
driving 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
20status from driving a hackney carriage, a district council must have
regard to any guidance issued by the Secretary of State.”

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

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

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

(3) After subsection (1) insert—

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

(a) 30in a case where the driver has been convicted of an
immigration offence, the conviction is a spent conviction
within the meaning of the Rehabilitation of Offenders Act
1974, or

(b) in a case where the driver has been required to pay an
35immigration penalty—

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

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

(4) After subsection (2) insert—

“(2ZA) 40The requirement in subsection (2)(a) to return a driver’s badge does
not apply in a case where section 62A applies (but see subsection (2)
of that section).”

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

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

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

(3) 5After subsection (1) insert—

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

(a) in a case where the operator has been convicted of an
immigration offence, the conviction is a spent conviction
within the meaning of the Rehabilitation of Offenders Act
101974, or

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

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

(ii) 15the amount of the penalty has been paid in full.”

26 After section 62 insert—

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

(1) Subsection (2) applies if—

(a) under section 61 a district council suspend, revoke or refuse
20to renew the licence of a driver of a hackney carriage or a
private hire vehicle on the ground mentioned in subsection
(1)(aa) of that section, or

(b) under section 62 a district council suspend, revoke or refuse
to renew an operator’s licence on the ground mentioned in
25subsection (1)(ca) of that section.

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

(a) the licence, and

(b) 30in the case of a licence of a driver of a hackney carriage or a
private hire vehicle, the person’s driver’s badge.

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

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

(b) 35where the district council refuse to renew the licence, the day
on which the licence expires as a result of the failure to renew
it.

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

(a) 40to a fine not exceeding level 3 on the standard scale, and

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

(5) The Secretary of State may by regulations made by statutory
45instrument amend the amount for the time being specified in
subsection (4)(b).

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

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

27 In 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) 10a 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.”

28 15After section 79 insert—

“79A Persons 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
20and—

(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) 25is 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
30from carrying on the licensable activity.

(2) Where a person is on immigration bail within the meaning of Part 1
of Schedule 9 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
35United Kingdom; but

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

(3) For the purposes of this section a person is subject to immigration
40control if under the Immigration Act 1971 the person requires leave
to enter or remain in the United Kingdom.

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

(a) drives a private hire vehicle;

(b) 45operates a private hire vehicle; or

(c) drives a hackney carriage.

79B Immigration offences and immigration penalties

(1) In 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
5of attempting to commit an offence within paragraph (a); or

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

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

(a) 10section 15 of the Immigration, Asylum and Nationality Act
2006 (“the 2006 Act”); or

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

(3) For the purposes of this 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
15treated as having been required to pay an immigration penalty if—

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

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

(4) 20For 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 until
such time as—

(a) the period for giving a notice of objection under section 16 of
25that Act has expired and the Secretary of State has considered
any notice given within that period; and

(b) if a notice of objection was given within that period, the
period for appealing under section 17 of that Act has expired
and any appeal brought within that period has been finally
30determined, abandoned or withdrawn.

(5) 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 if—

(a) the person is excused payment by virtue of section 24 of that
35Act; or

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

(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
40treated as having been required to pay an immigration penalty until
such time as—

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

(b) 45if 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.”

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

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

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

“(3A) 5A licensing authority shall not grant a licence to any person under
this section unless the authority is satisfied that the person is not
disqualified by reason of the applicant’s immigration status from
driving a taxi or private hire car.

(3B) Section 13A makes provision for the purposes of subsection (3A)
10about the circumstances in which a person is disqualified by reason
of the person’s immigration status from driving a taxi or private hire
car.

(3C) In determining for the purposes of subsection (3A) whether a person
is disqualified by reason of the person’s immigration status from
15driving a taxi or private hire car, a licensing authority must have
regard to any guidance issued by the Secretary of State.”

31 After section 13 insert—

“13A Persons disqualified by reason of immigration status

(1) For the purposes of section 13(3A) a person is disqualified by reason
20of the person’s immigration status from driving a taxi or private hire
car if the person is subject to immigration control and—

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

(b) the person’s leave to enter or remain in the United
25Kingdom—

(i) is invalid,

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

(iii) 30is subject to a condition preventing the individual
from driving a taxi or private hire car.

(2) Where a person is on immigration bail within the meaning of Part 1
of Schedule 9 to the Immigration Act 2016—

(a) the person is to be treated for the purposes of this section as
35if the person had been granted leave to enter the United
Kingdom, but

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

(3) 40For 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.”

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

(2) 45In paragraph 8 (duration of licences) in sub-paragraph (8) after “paragraphs”
insert “8A and”.

(3) After paragraph 8 insert—

““Taxi etc driving licences for persons subject to immigration control

8A (1) Sub-paragraph (2) applies if—

(a) a taxi driver’s licence or private hire car driver’s licence is
5to be granted to a person who has been granted leave to
enter or remain in the United Kingdom for a limited period
(“the leave period”),

(b) the person’s leave has not been extended by virtue of
section 3C of the Immigration Act 1971 (continuation of
10leave pending variation decision), and

(c) apart from sub-paragraph (2), the period for which the
licence would have had effect would have ended after the
end of the leave period.

(2) The licensing authority which grants the licence must specify a
15period in the licence as the period for which it has effect; and that
period must end at or before the end of the leave period.

(3) Sub-paragraph (4) applies if—

(a) a taxi driver’s licence or private hire car driver’s licence is
to be granted to a person who has been granted leave to
20enter 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) 25The licensing authority which grants the licence must specify a
period in the licence as the period for which it has effect; and that
period must not exceed six months.

(5) A taxi driver’s licence or private hire car driver’s licence ceases to
have effect if the person to whom it was granted becomes
30disqualified by reason of the person’s immigration status from
driving a taxi or private hire car.

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

(7) 35If a licence granted in accordance with sub-paragraph (2) or (4)
expires, the person to whom it was granted must, within the
period of 7 days beginning with the day after that on which it
expired, return the licence to the licensing authority.

(8) If sub-paragraph (5) applies to a licence, the person to whom it
40was granted must, within the period of 7 days beginning with the
day after the day on which the person first became disqualified,
return the licence to the licensing authority which granted the
licence.

(9) A person who, without reasonable excuse, contravenes sub-
45paragraph (7) or (8) is guilty of an offence and liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

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

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

“(2A) 5A licensing authority may order the suspension or revocation of a
taxi driver’s licence or a private hire car driver’s licence if the
holder of the licence has, since its grant, been convicted of an
immigration offence or required to pay an immigration penalty
(see paragraph 20).

(2B) 10Sub-paragraph (2A) does not apply if—

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

(b) 15in a case where the holder of the licence has been required
to pay an immigration penalty—

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

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

(5) 20In paragraph 18 (appeals) after sub-paragraph (8) insert—

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

(a) a person should be, or should have been, granted leave to
25enter or remain in the United Kingdom, or

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

(6) After paragraph 19 insert—

“20 (1) 30In this Schedule “immigration offence” means an offence under
any of the Immigration Acts.

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

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

(b) 35section 23 of the Immigration Act 2014 (“the 2014 Act”).

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

(a) 40the person is excused payment by virtue of section 15(3) of
that Act, or

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

(4) For the purposes of this Schedule a person to whom a penalty
45notice 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—