Immigration Bill (HL Bill 96)

(a) the person is to be treated for the purposes of subsection (1) 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
5which the person’s immigration bail is subject is to be treated
for those purposes as a condition of leave.

(9) The reference in subsection (1) to a person working is to that person
working—

(a) under a contract of employment,

(b) 10under a contract of apprenticeship,

(c) under a contract personally to do work,

(d) under or for the purposes of a contract for services,

(e) for a purpose related to a contract to sell goods,

(f) as a constable,

(g) 15in the course of Crown employment,

(h) as a relevant member of the House of Commons staff, or

(i) as a relevant member of the House of Lords staff.

(10) In subsection (9)—

• “contract to sell goods” means a contract by which a person acting
  20in the course of a trade, business, craft or profession transfers or
  agrees to transfer the property in goods to another person (and
  for this purpose “goods” means any tangible moveable items);

• “Crown employment”—

  (a)

  in relation to England and Wales and Scotland, has the
  25meaning given by section 191(3) of the Employment
  Rights Act 1996;

  (b)

  in relation to Northern Ireland, has the meaning given
  by Article 236(3) of the Employment Rights (Northern
  Ireland) Order 1996 (SI 1996/1919 (NI 16)SI 1996/1919 (NI 16));

• 30“relevant member of the House of Commons staff” has the
  meaning given by section 195(5) of the Employment Rights Act
  1996;

• “relevant member of the House of Lords staff” has the meaning
  given by section 194(6) of the Employment Rights Act 1996.

(11) 35Subsection (1) does not apply to—

(a) service as a member of the naval, military or air forces of the
Crown, or

(b) employment by an association established for the purposes of
Part 11 of the Reserve Forces Act 1996.

(12) 40In this section “contract” means a contract whether express or implied
and, if express, whether oral or in writing.”

(4) In section 28A(3)(a) (arrest without warrant) after “section” insert “24B,”.

(5) In section 28B(5) (search and arrest by warrant: relevant offences) after “24A,”
insert “24B,”.

(6) 45In section 28CA(1) (business premises: entry to arrest) after paragraph (b)
insert—

“(ba) for an offence under section 24B,”.

(7) In section 28D(4) (entry and search of premises: relevant offences) after “24A,”
insert “24B,”.

(8) In section 28FA(1)(a) (search for personnel records: offences to which section
applies) for “or 24A(1)” substitute “, 24A(1) or 24B(1)”.

33 5Offence of employing illegal worker

(1) Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of
knowingly employing illegal worker) is amended in accordance with
subsections (2) to (4).

(2) In subsection (1) for the words from “an adult” to the end of the subsection
10substitute “disqualified from employment by reason of the employee’s
immigration status.”

(3) After subsection (1) insert—

“(1A) A person commits an offence if the person—

(a) employs another person (“the employee”) who is disqualified
15from employment by reason of the employee’s immigration
status, and

(b) has reasonable cause to believe that the employee is disqualified
from employment by reason of the employee’s immigration
status.

(1B) 20For the purposes of subsections (1) and (1A) a person is disqualified
from employment by reason of the person’s immigration status if the
person is an adult subject to immigration control and—

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

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

(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 person from
accepting the employment.”

(4) In subsection (2)(a)(i) (maximum term of imprisonment for conviction of
offence on indictment) for “two” substitute “five”.

(5) Section 22 of the Immigration, Asylum and Nationality Act 2006 (offences by
35bodies corporate etc) is amended in accordance with subsections (6) and (7).

(6) After subsection (1) insert—

“(1A) For the purposes of section 21(1A) a body (whether corporate or not)
shall be treated as having reasonable cause to believe a fact about an
employee if a person who has responsibility within the body for an
40aspect of the employment has reasonable cause to believe that fact.”

(7) In each of subsections (2) and (4) after “21(1)” insert “or (1A)”.

(8) In section 24(a) of the Immigration, Asylum and Nationality Act 2006
(immigration bail) for “21(1)” substitute “21(1B)”.

(9) In section 28A of the Immigration Act 1971 (arrest without warrant)—

(a) after subsection (9A) insert—

“(9B) An immigration officer may arrest without warrant a person
who, or whom the immigration officer has reasonable grounds
for suspecting—

(a) 5has committed or attempted to commit an offence under
section 21(1) or (1A) of the Immigration, Asylum and
Nationality Act 2006 (employment of illegal worker etc),
or

(b) is committing or attempting to commit that offence.”,”

(b) 10in subsection (10) for “and (5)” substitute “, (5) and (9B)”, and

(c) in subsection (11) for “and (5)” substitute “, (5) and (9B)”.

(10) In subsection 28AA(1) of that Act (arrest with warrant) for paragraphs (a) and
(b) substitute “section 24(1)(d)”.

Illegal working in licensed premises

34 15Licensing Act 2003: amendments relating to illegal working

(1) Schedule 3 (Licensing Act 2003: amendments relating to illegal working) has
effect.

(2) The Secretary of State may by regulations make provision which—

(a) has a similar effect to the amendments made by Schedule 3, and

(b) 20applies in relation to Scotland or Northern Ireland.

(3) Regulations under subsection (2) may—

(a) amend, repeal or revoke any relevant enactment;

(b) confer functions on any person.

(4) Regulations under subsection (2) may not confer functions on—

(a) 25the Scottish Ministers,

(b) the First Minister and deputy First Minister in Northern Ireland,

(c) a Northern Ireland Minister, or

(d) a Northern Ireland department.

(5) In this section “relevant enactment” means—

(a) 30an Act of the Scottish Parliament or Northern Ireland legislation, and

(b) an instrument made under such an Act or under Northern Ireland
legislation.

Illegal working in relation to private hire vehicles etc

35 Private hire vehicles etc

35Schedule 4 (private hire vehicles etc) has effect.

Illegal working notices and orders

36 Illegal working closure notices and illegal working compliance orders

Schedule 5 (illegal working closure notices and illegal working compliance
orders) has effect.

5Part 2 Access to services

Residential tenancies

37 Offence of leasing premises

(1) The Immigration Act 2014 is amended in accordance with subsections (2) to (5).

(2) 10After section 33 insert—

““Offences

33A Offences: landlords

(1) The landlord under a residential tenancy agreement which relates to
premises in England commits an offence if the first and second
15conditions are met.

(2) The first condition is that the premises are occupied by an adult who is
disqualified as a result of their immigration status from occupying
premises under a residential tenancy agreement.

(3) The second condition is that the landlord knows or has reasonable
20cause to believe that the premises are occupied by an adult who is
disqualified as a result of their immigration status from occupying
premises under a residential tenancy agreement.

(4) But unless subsection (5) applies the landlord does not commit an
offence under subsection (1) if—

(a) 25the premises are located in an area in relation to which section
22 is in force,

(b) the adult mentioned in subsections (2) and (3) is a limited right
occupier, and

(c) the eligibility period in relation to that occupier has not expired.

(5) 30This subsection applies if the Secretary of State has given a notice in
writing to the landlord which—

(a) identifies the adult mentioned in subsections (2) and (3), and

(b) states that the adult is disqualified as a result of their
immigration status from occupying premises under a
35residential tenancy agreement.

(6) Section 22(9) applies for the purposes of subsections (1) to (5) as it
applies for the purposes of that section.

(7) A person commits an offence if—

(a) there has been a post-grant contravention in relation to a
residential tenancy agreement which relates to premises in
England,

(b) the person is the responsible landlord in relation to the post-
5grant contravention,

(c) the person knows or has reasonable cause to believe that there
has been a post-grant contravention in relation to the
agreement, and

(d) none of paragraphs (a), (b) and (c) of section 24(6) applies in
10relation to the post-grant contravention.

(8) Subsection (7) applies whether or not the landlord is given a notice
under section 23 in respect of the contravention.

33B Offences: agents

(1) Subsection (2) applies to an agent who is responsible for a landlord’s
15contravention of section 22 in relation to premises in England.

(2) The agent commits an offence if the agent—

(a) knew or had reasonable cause to believe that the landlord
would contravene section 22 by entering into the residential
tenancy agreement in question,

(b) 20had sufficient opportunity to notify the landlord of that fact
before the landlord entered into the agreement, but

(c) did not do so.

(3) Subsection (4) applies where—

(a) a landlord contravenes section 22 in relation to a residential
25tenancy agreement relating to premises in England,

(b) the contravention is a post-grant contravention, and

(c) a person acting as the landlord’s agent (“the agent”) is
responsible for the post- grant contravention.

(4) The agent commits an offence if—

(a) 30the agent knows or has reasonable cause to believe that there
has been a post-grant contravention in relation to the
agreement, and

(b) neither of paragraphs (a) and (b) of section 26(6) applies in
relation to the post-grant contravention.

(5) 35Subsection (4) applies whether or not the agent is given a notice under
section 25 in respect of the contravention.

33C Offences: penalties etc

(1) A person who is guilty of an offence under section 33A or 33B is liable—

(a) on conviction on indictment, to imprisonment for a term not
40exceeding five years, to a fine or to both;

(b) on summary conviction, to imprisonment for a term not
exceeding 12 months, to a fine or to both.

(2) In the application of this section in relation to an offence committed
before the coming into force of section 154(1) of the Criminal Justice Act
452003 the reference in subsection (1)(b) to 12 months is to be read as a
reference to 6 months.

(3) If an offence under section 33A or 33B is committed by a body corporate
with the consent or connivance of an officer of the body, the officer, as
well as the body, is to be treated as having committed the offence.

(4) In subsection (3) a reference to an officer of a body includes a reference
5to—

(a) a director, manager or secretary,

(b) a person purporting to act as a director, manager or secretary,
and

(c) if the affairs of the body are managed by its members, a
10member.

(5) Where an offence under section 33A or 33B is committed by a
partnership (whether or not a limited partnership) subsection (3) has
effect, but as if a reference to an officer of the body were a reference to—

(a) a partner, and

(b) 15a person purporting to act as a partner.

(6) An offence under section 33A or 33B is to be treated as—

(a) a relevant offence for the purposes of sections 28B and 28D of
the Immigration Act 1971 (search, entry and arrest), and

(b) an offence under Part 3 of that Act (criminal proceedings) for
20the purposes of sections 28E, 28G and 28H of that Act (search
after arrest).”

(3) In section 35 (transitional provision) after subsection (3) insert—

“(4) References in this section to this Chapter do not include sections 33A to
33E (offences and eviction).

(5) 25Sections 33A to 33C apply in relation to a residential tenancy agreement
entered into before or after the coming into force of section 37 of the
Immigration Act 2016 (which inserted those sections into this Act).

(6) But sections 33A(7) and (8) and section 33B apply only in relation to a
contravention of section 22 which occurs after the coming into force of
30section 37 of the Immigration Act 2016.”

(4) In section 36 (Crown application) at the end insert “or the landlord for the
purposes of section 33A.”

(5) In section 37(4)(a) (provisions in which references to the landlord are to any of
them)—

(a) 35omit the “and” at the end of sub-paragraph (ii), and

(b) at the end of sub-paragraph (iii) insert—

“(“iv) section 33A,”.

(6) In section 28A of the Immigration Act 1971 (arrest without warrant)—

(a) after subsection (9B) insert—

“(9C) 40An immigration officer may arrest without warrant a person
who, or whom the immigration officer has reasonable grounds
for suspecting—

(a) has committed or attempted to commit an offence under
section 33A or 33B of the Immigration Act 2014 (offences
45relating to residential tenancies), or

(b) is committing or attempting to commit that offence.”,”

(b) in subsection (10) for “and (9B)” substitute “, (9B) and (9C)”, and

(c) in subsection (11) for “and (9B)” substitute “, (9B) and (9C)”.

38 Eviction

(1) The Immigration Act 2014 is amended in accordance with subsections (2) to (4).

(2) 5After section 33C (inserted by section 37) insert—

““Eviction

33D Termination of agreement where all occupiers disqualified

(1) The landlord under a residential tenancy agreement relating to
premises in England may terminate the agreement in accordance with
10this section if the condition in subsection (2) is met.

(2) The condition is that the Secretary of State has given one or more
notices in writing to the landlord which, taken together,—

(a) identify the occupier of the premises or (if there is more than
one occupier) all of them, and

(b) 15state that the occupier or occupiers are disqualified as a result of
their immigration status from occupying premises under a
residential tenancy agreement.

(3) The landlord may terminate the residential tenancy agreement by
giving notice in writing and in the prescribed form to the tenant or, in
20the case of a joint tenancy, all of the tenants specifying the date on
which the agreement comes to an end.

(4) That date must not be earlier than the end of the period of 28 days
beginning with the day specified in the notice as the day on which it is
given.

(5) 25The notice may be given—

(a) by delivering it to the tenant or tenants,

(b) by leaving it at the premises,

(c) by sending it by post to the tenant or tenants at the address of
the premises, or

(d) 30in any other prescribed manner.

(6) The notice is to be treated as a notice to quit in a case where a notice to
quit would otherwise be required to bring the residential tenancy
agreement to an end.

(7) The notice is enforceable as if it were an order of the High Court.

(8) 35In this section “occupier”, in relation to premises to which a residential
tenancy agreement applies, means—

(a) a tenant,

(b) a person who, under the agreement, otherwise has the right to
occupy the premises and is named in the agreement, and

(c) 40any other person who the landlord knows is occupying the
premises.

33E Other procedures for ending agreement

(1) It is an implied term of a residential tenancy agreement to which this
subsection applies that the landlord may terminate the tenancy if the
premises to which it relates are occupied by an adult who is
5disqualified as a result of their immigration status from occupying
premises under a residential tenancy agreement.

(2) Subsection (1) applies to a residential tenancy agreement relating to
premises in England if—

(a) it is a tenancy or sub-tenancy or an agreement for a tenancy or
10sub-tenancy, but

(b) it is not a protected or statutory tenancy within the meaning of
the Rent Act 1977 or an assured tenancy within the meaning of
the Housing Act 1988.

(3) For provision relating to a residential tenancy agreement which is a
15protected or statutory tenancy where a tenant or occupier is
disqualified as a result of their immigration status from occupying
premises under a residential tenancy agreement, see Case 10A in Part 1
of Schedule 15 to the Rent Act 1977.

(4) For provision relating to a residential tenancy agreement which is an
20assured tenancy where a tenant or occupier is disqualified as a result of
their immigration status from occupying premises under a residential
tenancy agreement, see Ground 7B in Part 1 of Schedule 2 to the
Housing Act 1988.”

(3) In section 35 (transitional provision) after subsection (6) (inserted by section
2537(3)) insert—

“(7) Sections 33D and 33E apply in relation to a residential tenancy
agreement entered into before or after the coming into force of section
38 of the Immigration Act 2016 (which inserted those sections into this
Act).”

(4) 30In section 37(4)(a) (provisions in which references to the landlord are to any of
them) after sub-paragraph (iv) (inserted by section 37(5)(b)) insert—

“(“v) section 33D, and

(vi) section 33E,”.

(5) In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and
35licences) after subsection (7C) insert—

“(7D) A tenancy or licence is excluded if—

(a) it is a residential tenancy agreement within the meaning of
Chapter 1 of Part 3 of the Immigration Act 2014, and

(b) the condition in section 33D(2) of that Act is met in relation to
40that agreement.”

(6) In section 5 of the Housing Act 1988 (security of tenure)—

(a) in subsection (1) omit the “or” at the end of paragraph (b) and at the end
of paragraph (c) insert “, or

(d) in the case of an assured tenancy—

(i) 45which is a residential tenancy agreement within
the meaning of Chapter 1 of Part 3 of the
Immigration Act 2014, and

(ii) in relation to which the condition in section
33D(2) of that Act is met,

giving a notice in accordance with that section,”, and”

(b) in subsection (2) omit the “or” at the end of paragraph (a) and at the end
5of paragraph (b) insert “, or

(c) the giving of a notice under section 33D of the
Immigration Act 2014,”.

(7) The amendments made by subsections (5) and (6) apply in relation to a tenancy
or (in the case of subsection (5)) a licence entered into before or after the coming
10into force of this section.

39 Order for possession of dwelling-house

(1) The Housing Act 1988 is amended in accordance with subsections (2) to (5).

(2) In Part 1 of Schedule 2 (assured tenancies: grounds on which court must order
possession) after Ground 7A insert—

15““Ground 7B

Both of the following conditions are met in relation to a dwelling-
house in England.

Condition 1 is that the Secretary of State has given a notice in writing
to the landlord or, in the case of joint landlords, one or more of them
20which identifies—

(a) the tenant or, in the case of joint tenants, one or more of them,
or

(b) one or more other persons aged 18 or over who are occupying
the dwelling-house,

25as a person or persons disqualified as a result of their immigration
status from occupying the dwelling-house under the tenancy.

Condition 2 is that the person or persons named in the notice—

(a) fall within paragraph (a) or (b) of condition 1, and

(b) are disqualified as a result of their immigration status from
30occupying the dwelling-house under the tenancy.

For the purposes of this ground a person (“P”) is disqualified as a
result of their immigration status from occupying the dwelling-
house under the tenancy if—

(a) P is not a relevant national, and

(b) 35P does not have a right to rent in relation to the dwelling-
house.

P does not have a right to rent in relation to the dwelling-house if—

(a) P requires leave to enter or remain in the United Kingdom
but does not have it, or

(b) 40P’s leave to enter or remain in the United Kingdom is subject
to a condition preventing P from occupying the dwelling-
house.

But P is to be treated as having a right to rent in relation to a
dwelling-house if the Secretary of State has granted P permission for

the purposes of this ground to occupy a dwelling-house under an
assured tenancy.

In this ground “relevant national” means—

(a) a British citizen,

(b) 5a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.”

(3) In section 7 (orders for possession)—

(a) in subsection (3) after “subsections (5A) and (6)” insert “and section
10A”,

(b) 10in subsection (5A)(a) for “and 7A” substitute “, 7A and 7B”,

(c) in subsection (6)(a) after “Ground 7A” insert “, Ground 7B”, and

(d) after subsection (6A) insert—

“(6B) The requirement in subsection (6)(b) that would otherwise
apply to an order for possession of a dwelling-house let on an
15assured fixed term tenancy does not apply where the ground
for possession is Ground 7B in Part 1 of Schedule 2 to this Act.”

(4) In section 8(5) (cases where court may not dispense with notice of proceedings
for possession) after “Ground 7A” insert “, 7B”.

(5) After section 10 insert—

“10A 20Power to order transfer of tenancy in certain cases

(1) This section applies on an application for an order for possession of a
dwelling-house let on an assured tenancy if the court is satisfied that—

(a) Ground 7B in Schedule 2 is established,

(b) no other ground in that Schedule is established, or one or more
25grounds in Part 2 of that Schedule are established but it is not
reasonable to make an order for possession on that ground or
those grounds,

(c) the tenancy is a joint tenancy, and

(d) one or more of the tenants is a qualifying tenant.

(2) 30In subsection (1)(d) “qualifying tenant” means a person who (within
the meaning of Ground 7B) is not disqualified as a result of the person’s
immigration status from occupying the dwelling-house under the
tenancy.

(3) The court may, instead of making an order for possession, order that
35the tenant’s interest under the tenancy is to be transferred so that it is
held—

(a) if there is one qualifying tenant, by the qualifying tenant as sole
tenant, or

(b) if there is more than one qualifying tenant, by all of them as joint
40tenants.

(4) The effect of an order under this section is that, from the time the order
takes effect, the qualifying tenant or tenants—

(a) are entitled to performance of the landlord’s covenants under
the tenancy, and

(b) 45are liable to perform the tenant’s covenants under the tenancy.