Immigration Bill (HL Bill 96)

insert—

“(4) References in this section to a person who ceases to be exempt do not
include a person who ceases to be exempt by virtue of section 8B(3).”

(3) Section 8B of that Act (persons excluded from the United Kingdom under
5international obligations) is amended as follows.

(4) In subsection (1) after paragraph (b) insert—

““(and any leave given to a person who is an excluded person is
invalid)”.

(5) For subsection (3) substitute—

“(3) 10Any exemption of a person from the provisions of this Act under
section 8(1), (2) or (3) does not apply while the person is an excluded
person.”

(6) In subsection (4) for “a designated instrument” substitute “an instrument
falling within subsection (5)”.

(7) 15In subsection (5) for “The Secretary of State may by order designate an
instrument” substitute “An instrument falls within this subsection”.

(8) After subsection (5) insert—

“(5A) Subsection (1), (2) or (3) does not apply to a person if—

(a) the application of that subsection to that person would be
20contrary to the United Kingdom’s obligations under—

(i) the Human Rights Convention (within the meaning
given by section 167(1) of the Immigration and Asylum
Act 1999), or

(ii) the Refugee Convention (within the meaning given by
25that provision), or

(b) the person has been exempted from the application of that
subsection under a process applying by virtue of the instrument
falling within subsection (5).”

(9) Omit subsections (6) to (8).

30Part 7 Language requirements for public sector workers

72 English language requirements for public sector workers

(1) A public authority must ensure that each person who works for the public
authority in a customer-facing role speaks fluent English.

(2) 35In determining how to comply with subsection (1), a public authority must
have regard to the code of practice under section 75 that is for the time being
applicable to that authority.

(3) A public authority must operate an adequate procedure for enabling
complaints to be made to the authority about breaches by the authority of
40subsection (1) and for the consideration of such complaints.

(4) In determining whether a procedure is adequate for the purposes of subsection
(3), a public authority must have regard to the code of practice under section
75 that is for the time being applicable to that authority.

(5) For the purposes of this Part a person works for a public authority if the person
5works—

(a) under a contract of employment with the public authority,

(b) under a contract of apprenticeship with the public authority,

(c) under a contract to do work personally with the public authority,

(d) in England and Wales or Scotland, as an agency worker within the
10meaning of the Agency Workers Regulations 2010 (SI 2010/93) in
respect of whom the public authority is the hirer within the meaning of
those regulations,

(e) in Northern Ireland, as an agency worker within the meaning of the
Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350) in
15respect of whom the public authority is the hirer within the meaning of
those regulations,

(f) for the public authority as a constable, or

(g) for the public authority in the course of Crown employment.

(6) In subsection (5) “Crown employment”—

(a) 20in relation to England and Wales and Scotland, has the meaning 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)), and

(c) 25includes service as a member of the armed forces of the Crown and
employment by an association established for the purposes of Part 11
of the Reserve Forces Act 1996.

(7) References in this Part to a person who works in a customer-facing role are to
a person who, as a regular and intrinsic part of the person’s role, is required to
30speak to members of the public in English.

(8) For the purposes of this Part a person speaks fluent English if the person has a
command of spoken English which is sufficient to enable the effective
performance of the person’s role.

(9) This section applies in relation to a person who is working in a customer-facing
35role for a public authority when this section comes into force as well as to a
person who begins to work in such a role after that time.

(10) This section does not apply in relation to a person whose work is carried out
wholly or mainly outside the United Kingdom.

73 Meaning of “public authority”

(1) 40Subject as follows, in this Part “public authority” means a person with
functions of a public nature.

(2) A person is not a public authority for the purposes of this Part if, apart from
this subsection, the person would be a public authority for those purposes
merely because the person exercises functions on behalf of another public
45authority.

(3) A person who exercises functions in relation to Scotland is a public authority
for the purposes of this Part in relation to those functions only if and to the
extent that those functions relate to a reserved matter.

(4) In subsection (3) “Scotland” and “reserved matter” have the same meanings as
5in the Scotland Act 1998.

(5) A person who exercises functions in relation to Wales is a public authority for
the purposes of this Part in relation to those functions only if and to the extent
that those functions relate to a matter which is outside the legislative
competence of the National Assembly for Wales.

(6) 10A person who exercises functions in relation to Northern Ireland is a public
authority for the purposes of this Part in relation to those functions only if and
to the extent that those functions relate to an excepted matter.

(7) In subsection (6) “Northern Ireland” and “excepted matter” have the same
meanings as in the Northern Ireland Act 1998.

(8) 15The following are not public authorities for the purposes of this Part—

(a) the Security Service;

(b) the Secret Intelligence Service;

(c) the Government Communications Headquarters.

(9) The relevant Minister may by regulations amend subsection (8) so as to add,
20modify or remove a reference to a person or description of person with
functions of a public nature.

74 Power to expand meaning of person working for public authority

(1) The relevant Minister may by regulations amend section 72 with the effect that
a person who works for a contractor of a public authority is a person who
25works for the authority for the purposes of this Part.

(2) In subsection (1) “contractor”, in relation to a public authority, means a person
who—

(a) provides a service to members of the public as a result of an
arrangement made with a public authority (whether or not by that
30person), but

(b) is not a public authority.

(3) For the purposes of subsection (1) a person works for a contractor if the person
works—

(a) under a contract of employment with the contractor,

(b) 35under a contract of apprenticeship with the contractor,

(c) under a contract to do work personally with the contractor,

(d) in England and Wales or Scotland, as an agency worker within the
meaning of the Agency Workers Regulations 2010 (SI 2010/93) in
respect of whom the contractor is the hirer within the meaning of those
40regulations, or

(e) in Northern Ireland, as an agency worker within the meaning of the
Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350) in
respect of whom the contractor is the hirer within the meaning of those
regulations.

75 Duty to issue codes of practice

(1) The relevant Minister must issue a code or codes of practice for the purposes
of section 72.

(2) A code of practice must include provision about the following matters—

(a) 5the standard of spoken English to be met by a person working for a
public authority to which the code applies in a customer-facing role;

(b) the action available to such a public authority where such a person does
not meet that standard;

(c) the procedure to be operated by such a public authority for enabling
10complaints to be made to the authority about breaches by the authority
of section 72(1) and for the consideration of such complaints;

(d) how the public authority is to comply with its other legal obligations as
well as complying with the duty in section 72(1).

(3) A code of practice may make such other provision as the relevant Minister
15considers appropriate for securing that a person who works for a public
authority to which the code applies in a customer-facing role speaks fluent
English.

(4) A code of practice may make provision in relation to—

(a) all public authorities,

(b) 20particular descriptions of public authority, or

(c) particular public authorities.

(5) But the relevant Minister must ensure that there is at all times a code of practice
in force which applies to each public authority.

(6) A code of practice may make different provision for different purposes,
25including different provision for different public authorities or descriptions of
public authority.

76 Procedure for codes of practice

(1) In preparing a code of practice the relevant Minister must consult such persons
as the relevant Minister thinks appropriate.

(2) 30Before issuing a code of practice the relevant Minister must lay a draft of the
code before Parliament.

(3) A code of practice comes into force in accordance with provision made by
regulations made by the relevant Minister.

(4) After a code of practice has come into force the relevant Minister must publish
35it in such manner as the relevant Minister thinks appropriate.

(5) The relevant Minister may from time to time review a code of practice and may
revise and re-issue it following a review.

(6) References in subsections (1) to (4) to a code of practice include a revised code.

77 Application of Part to Wales

(1) 40Subsection (2) makes provision about the application of this Part in relation
to—

(a) a public authority that exercises functions only in Wales, and

(b) a public authority that exercises functions outside Wales and in Wales,
to the extent that it exercises functions in Wales.

(2) In the provisions of this Part listed in subsection (3) references to English are to
be read as references to English or Welsh.

(3) 5Those provisions are—

(a) section 72(1), (7) and (8), and

(b) section 75(2)(a) and (3).

78 Interpretation of Part

In this Part—

• 10“contract” means a contract whether express or implied and, if express,
  whether oral or in writing;

• “public authority” has the meaning given by section 73;

• “relevant Minister” means the Secretary of State or the Chancellor of the
  Duchy of Lancaster;

• 15“Wales” has the same meaning as in the Government of Wales Act 2006.

79 Crown application

This Part binds the Crown.

Part 8 Fees and charges

20Immigration

80 Immigration skills charge

(1) The Immigration Act 2014 is amended as follows.

(2) After section 70 insert—

“70A Immigration skills charge

(1) 25The Secretary of State may by regulations provide for a charge to be
imposed on—

(a) persons who make immigration skills arrangements, or

(b) any description of such persons.

(2) “Immigration skills arrangements” are arrangements made by a person
30(“the sponsor”) with the Secretary of State with a view to securing that
an individual who is not exempt for the purposes of this section is
granted entry clearance or leave to remain in the United Kingdom to
enable the individual to work for the sponsor in the United Kingdom.

(3) Regulations under this section may in particular—

(a) 35impose a separate charge on a sponsor in respect of each
individual in relation to whom the sponsor makes immigration
skills arrangements;

(b) specify the amount of any charge (and different amounts may
be specified for different purposes);

(c) make provision about when or how a charge may or must be
paid to the Secretary of State;

(d) make provision about the consequences of a sponsor failing to
pay a charge;

(e) 5provide for exemptions from a charge;

(f) provide for the reduction, waiver or refund of part or all of a
charge (whether by conferring a discretion or otherwise).

(4) Sums paid by virtue of regulations under this section must—

(a) be paid into the Consolidated Fund, or

(b) 10be applied in such other way as the regulations may specify.

(5) Regulations under this section may be made only with the consent of
the Treasury.

(6) An individual is exempt for the purposes of this section if he or she is—

(a) a British citizen;

(b) 15a national of an EEA State other than the United Kingdom;

(c) a national of Switzerland;

(d) otherwise entitled to enter or remain in the United Kingdom by
virtue of an enforceable EU right or of any provision made
under section 2(2) of the European Communities Act 1972.

(7) 20In this section “entry clearance” has the meaning given by section 33(1)
of the Immigration Act 1971.”

(3) In section 74(2) (orders and regulations which are subject to affirmative
resolution procedure) after paragraph (j) insert—

“(ja) regulations under section 70A;”.

25Passports and civil registration

81 Power to make passport fees regulations

(1) The Secretary of State may by regulations provide for fees to be charged in
respect of the exercise by the Secretary of State of such functions in connection
with applications for the issue of a passport or other travel document as may
30be specified.

(2) Regulations under subsection (1) are referred to in this section and section 82
as “passport fees regulations”.

(3) Passport fees regulations must provide for the fee in respect of the exercise of
each specified function to comprise one or more amounts each of which is—

(a) 35a specified fixed amount, or

(b) an amount calculated by reference to a specified hourly rate or other
specified factor.

(4) Provision made under subsection (3) may be intended to result in a fee in
respect of a specified function which exceeds the costs of exercising the
40function.

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

(a) the function;

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

(c) any consular function.

This is subject to section 82(5).

(6) 5In respect of any fee provided for under this section, passport fees regulations
may—

(a) provide for exceptions;

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

(c) 10make provision about—

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

(ii) enforcement;

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

(7) In this section—

• 15“consular function” means—

  (a)

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

  (b)

  any function in the United Kingdom which corresponds to a
  20function mentioned in paragraph (a);

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

• “costs” includes—

  (a)

  25the costs of the Secretary of State, and

  (b)

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

• “function” includes a power or a duty;

• “specified” means specified in passport fees regulations;

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

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

(8) 35Any reference in this section to the exercise of a function includes a reference
to its exercise in particular circumstances, including its exercise—

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

(b) under particular arrangements;

(c) otherwise in particular ways,

40and, for this purpose, “arrangements” includes arrangements for the
convenience of applicants or persons making requests for the exercise of a
function.

82 Passport fees regulations: supplemental

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

(2) 45A fee under section 81 may relate to something done outside the United
Kingdom.

(3) Fees payable by virtue of section 81 may be recovered as a debt due to the
Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 81 must be—

(a) paid into the Consolidated Fund, or

(b) 5applied in such other way as passport fees regulations may specify.

(5) Section 81 is without prejudice to—

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

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

(c) 10any other power to charge a fee.

83 Power to charge for passport validation services

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

(2) “Passport validation services” are services in connection with confirming the
15validity of United Kingdom passports or the accuracy of the information
contained in them which are provided for the purpose of preventing or
detecting crime.

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

(4) 20A fee payable under this section may be recovered as a debt due to the
Secretary of State.

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

(a) paid into the Consolidated Fund, or

(b) applied in such other way as the Secretary of State may by regulations
25specify.

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

(7) This section is without prejudice to—

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

(b) 30section 102 of the Finance (No 2) Act 1987 (government fees and
charges), or

(c) any other power to charge a fee.

84 Civil registration fees

(1) Schedule 14 (civil registration fees) has effect.

(2) 35In that Schedule—

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

(b) Part 2 makes consequential and related amendments.

Part 9 Final provisions

85 Financial provisions

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

(a) 5any expenditure incurred under or by virtue of this Act by a Minister
of the Crown, a person holding office under Her Majesty or a
government department, and

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

86 10Transitional and consequential provision

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

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

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

(4) “Enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning
20of the Interpretation Act 1978;

(b) an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament;

(c) an enactment contained in, or in an instrument made under, a Measure
or Act of the National Assembly for Wales;

(d) 25an enactment contained in, or in an instrument made under, Northern
Ireland legislation.

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

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

(b) 30at the end of paragraph (j) insert “, and

(k) the Immigration Act 2016.”

87 Regulations

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

(2) 35A statutory instrument containing any of the following regulations may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament—

(a) regulations under section 3 which amend or repeal primary legislation,

(b) regulations under section 9 which amend or repeal primary legislation,

(c) 40regulations under section 12, 13 or 19,

(d) regulations under section 34(2),

(e) regulations under section 35(2),

(f) regulations under section 40(1) or (2),

(g) regulations under section 68(1) or (2),

(h) regulations under section 73(9),

(i) regulations under section 74(1),

(j) 5passport fees regulations within the meaning of section 81 which
include provision specifying functions as mentioned in subsection (1)
of that section,

(k) regulations under section 86(2) which amend or repeal primary
legislation,

(l) 10regulations under paragraph 1(12) of Schedule 5, and

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

(3) Primary legislation means any of the following—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(c) 15a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.

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

(5) 20Subsection (4) does not apply to regulations under section 86(1) or 88(1).

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

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

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

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

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

88 Commencement

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

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

(3) Subsections (3) to (5) of section 57 come into force on the day on which this Act
is passed.

(4) 35Section 80 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

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

89 Extent

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

(2) Sections 64 to 67 extend to England and Wales only.