Immigration Bill (HL Bill 109)

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

Part 4 Rights of entry

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

(2) After subsection (1) insert—

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

(3) In subsection (2)—

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

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

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

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

(6) In subsection (6)—

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

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

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

Part 5 25Appeals

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

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

(2) In sub-paragraph (1)—

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

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

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

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

(2) 35In sub-paragraph (1)(b)—

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

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

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

(4) After sub-paragraph (3) insert—

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

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

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

(2) In sub-paragraph (2)—

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

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

(3) After sub-paragraph (2) insert—

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

(4) After sub-paragraph (5) insert—

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

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

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

the Secretary of State may appeal against the decision.”

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

28 At the end insert—

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

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

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

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

Part 6 General

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

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

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

(3) After that subsection insert—

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

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

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

Part 7 Transitional provision

33 5The amendments of sections 13, 16, 42, 47 and 120 of the Licensing Act 2003
made by paragraphs 3, 4, 6, 9 and 15 respectively of this Schedule do not
apply in relation to applications made, or interim authority notices given,
before the coming into force of the respective paragraph.

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

35 The amendments of section 115 of the Licensing Act 2003 made by
paragraph 14 of this Schedule do not apply in relation to a personal licence
15granted pursuant to an application made before the coming into force of that
paragraph.

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

(a) 20personal licences granted before, on or after the coming into force of
that paragraph, and

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

Section 37

SCHEDULE 5 25Private hire vehicles etc

London Hackney Carriages Act 1843 (c. 86)

1 (1) Section 18 of the London Hackney Carriages Act 1843 (licences and badges
to be delivered up on the discontinuance of licences) is amended as follows.

(2) At the beginning insert “(1)”.

(3) 30At the end of subsection (1) insert—

“(2) Subsection (1) does not require the delivery of a licence and badge on
the expiry of the licence if the licence was granted in accordance with
section 8A(2) or (4) of the Metropolitan Public Carriage Act 1869 (but
see section 8A(6) of that Act).”

35Metropolitan Public Carriage Act 1869 (c. 115)

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

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

4 After section 8 insert—

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

(1) Subsection (2) applies if—

(a) a licence under section 8 is to be granted to a person who has
5been 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) 10apart 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) Transport for London must grant the licence for a period which ends
at or before the end of the leave period.

(3) 15Subsection (4) applies if—

(a) a licence under section 8 is to be granted to a person who has
been granted leave to enter or remain in the United Kingdom
for a limited period, and

(b) the person’s leave has been extended by virtue of section 3C
20of the Immigration Act 1971 (continuation of leave pending
variation decision).

(4) Transport for London must grant the licence for a period that does
not exceed six months.

(5) A licence under section 8 ceases to be in force if the person to whom
25it was granted becomes disqualified by reason of the person’s
immigration status from driving a hackney carriage.

(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 to
30Transport for London—

(a) the licence,

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

(c) the person’s driver’s badge.

(7) If subsection (5) applies to a licence, the person to whom it was
35granted must, within the period of 7 days beginning with the day
after the day on which the person first became disqualified, return to
Transport for London—

(a) the licence,

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

(c) 40the person’s driver’s badge.

(8) A 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
45pounds for each day during which an offence continues after
conviction.

(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.

(12) For the purposes of this section a person is disqualified by reason of
10the person’s immigration status from driving a hackney carriage 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
15Kingdom—

(i) is invalid,

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

(iii) 20is subject to a condition preventing the person from
driving a hackney carriage.

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

(a) the person is to be treated for the purposes of this section as
25if 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.

(14) 30For 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.”

Plymouth City Council Act 1975 (c. xx)

5 The Plymouth City Council Act 1975 is amended as follows.

6 35After section 2 insert—

“2A 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) 40the 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) 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
5carrying on the licensable activity.

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

(a) the person is to be treated for the purposes of this Act as if the
person had been granted leave to enter the United Kingdom,
10but

(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
15control 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) 20operates a private hire vehicle, or

(c) drives a hackney carriage.

2B Immigration offences and immigration penalties

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

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

(b) 25an 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
conspiracy to commit an offence within paragraph (a).

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

(a) 30section 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 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
35been 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) 40For 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) the period for giving a notice of objection under section 16 of
that Act has expired and the Secretary of State has considered
45any 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
determined, abandoned or withdrawn.

(5) 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
5been 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
Act.

(6) 10For 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) the period for giving a notice of objection under section 29 of
that Act has expired and the Secretary of State has considered
15any notice given within that period, and

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

7 (1) 20Section 9 (licensing of drivers of private hire vehicles) is amended as follows.

(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
25of the applicant’s immigration status from
driving a private hire vehicle; or”.

(3) After subsection (1) insert—

“(1A) In determining for the purposes of subsection (1) whether an
applicant is disqualified by reason of the applicant’s immigration
30status from driving a private hire vehicle, the Council must have
regard to any guidance issued by the Secretary of State.”

8 In section 11(1) (drivers’ licences for hackney carriages and private hire
vehicles)—

(a) in paragraph (a) for “Every” substitute “Subject to section 11A,
35every”, and

(b) in paragraph (b) after “1889,” insert “but subject to section 11A,”.

9 After section 11 insert—

“11A Drivers’ licences for persons subject to immigration control

(1) Subsection (2) applies if—

(a) 40a licence within section 11(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
45pending 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 Council must specify a period in the licence as the period for
5which 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 11(1)(a) or (b) is to be granted to a
person who has been granted leave to enter or remain in the
10United 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 Council must specify a period in the licence as the period for
15which it remains in force; and that period must not exceed six
months.

(5) A licence within section 11(1)(a) ceases to be in force if the person to
whom it was granted becomes disqualified by reason of the person’s
immigration status from driving a private hire vehicle.

(6) 20A licence within section 11(1)(b) ceases to be in force if the person to
whom it was granted becomes disqualified by reason of the person’s
immigration status from driving a hackney carriage.

(7) If 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
25beginning with the day after that on which it expired, return the
licence and the person’s driver’s badge to the Council.

(8) If subsection (5) or (6) applies to a licence, the person to whom it was
granted must, within the period of 7 days beginning with the day
after the day on which the person first became disqualified, return
30the licence and the person’s driver’s badge to the Council.

(9) A 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
35pounds for each day during which an offence continues after
conviction.

(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) 40Regulations under subsection (10) may make transitional, transitory
or 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.”

10 (1) 45Section 13 (licensing of operators of private hire vehicles) is amended as
follows.

(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
5not 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
10applicant is disqualified by reason of the applicant’s immigration
status from operating a private hire vehicle, the Council must have
regard to any guidance issued by the Secretary of State.”

(4) In subsection (2) for “Every” substitute “Subject to section 13A, every”.

11 After section 13 insert—

“13A 15Operators’ licences for persons subject to immigration control

(1) Subsection (2) applies if—

(a) a licence under section 13 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) 20the 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
25the leave period.

(2) The Council 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) 30a licence under section 13 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
35variation decision).

(4) The Council 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 13 ceases to be in force if the person to whom
40it 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
45licence to the Council.

(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 Council.

(8) 5A 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
10conviction.

(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
15or 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.”

12 (1) Section 17 (qualification for drivers of hackney carriages) is amended as
20follows.

(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
25of the applicant’s immigration status from
driving a hackney carriage; or”.

(3) After subsection (1) insert—

“(1A) In determining for the purposes of subsection (1) whether an
applicant is disqualified by reason of the applicant’s immigration
30status from driving a hackney carriage, the Council must have
regard to any guidance issued by the Secretary of State.”

13 (1) Section 19 (suspension and revocation of drivers’ licences) is amended as
follows.

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

“(aa) 35that 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) 40in 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
45immigration penalty—