Immigration Bill (HL Bill 109)

(4) The 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
5have effect if the person to whom it was granted becomes
disqualified 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
10purposes of section 13(3A).

(7) If 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) 15If sub-paragraph (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 the licence to the licensing authority which granted the
licence.

(9) 20A person who, without reasonable excuse, contravenes sub-
paragraph (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) 25In paragraph 11 (suspension and revocation of licences) after sub-paragraph
(2) insert—

“(2A) A 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
30immigration offence or required to pay an immigration penalty
(see paragraph 20).

(2B) Sub-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
35conviction within the meaning of the Rehabilitation of
Offenders Act 1974, or

(b) in 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
40on which the penalty was imposed, and

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

(5) In 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
45entitled to entertain any question as to whether—

(a) a 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.”

(6) After paragraph 19 insert—

“20 (1) 5In 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) 10section 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) 15the 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
20notice 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
25considered 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 determined, abandoned or withdrawn.

(5) 30For the purposes of this Schedule 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
35that Act, or

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

(6) For the purposes of this Schedule 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.”

Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10)

33 (1) Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order
1996 (SI 1996/1320 (NI 10)SI 1996/1320 (NI 10)) is amended as follows.

(2) After the entry relating to section 1(3) of the Taxis Act (Northern Ireland)
52008 insert—

(3) After the entry relating to section 22(6) of the Taxis Act (Northern Ireland)
102008 insert—

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

34 15The Private Hire Vehicles (London) Act 1998 is amended as follows.

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

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

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

(c) “operate”, in relation to a private hire vehicle, means
20to make provision for the invitation or acceptance of,
or to accept, private hire bookings in relation to the
vehicle.”

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

(2) In subsection (3) for the “and” at the end of paragraph (a) substitute—

“(aa) 25if the applicant is an individual, the applicant is not
disqualified by reason of the applicant’s immigration status
from operating a private hire vehicle; and”

(3) After subsection (3) insert—

“(3A) In determining for the purposes of subsection (3) whether an
30applicant is disqualified by reason of the applicant’s immigration
status from operating a private hire vehicle, the licensing authority
must have regard to any guidance issued by the Secretary of State.”

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

37 After section 3 insert—

“3A 35London PHV operator’s licences for persons subject to immigration
control

(1) Subsection (2) applies if—

(a) a London PHV operator’s licence is to be granted to a person
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
53C 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 granted would have ended after the end of
the leave period.

(2) 10The licence must be granted for a period which ends at or before the
end of the leave period.

(3) Subsection (4) applies if—

(a) a London PHV operator’s licence is to be granted to a person
who has been granted leave to enter or remain in the United
15Kingdom 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 licence must be granted for a period which does not exceed six
20months.

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

(6) If subsection (5) applies to a licence, the person to whom it was
25granted 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 licensing authority.

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

(a) 30to 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.

(8) The Secretary of State may by regulations amend the amount for the
35time being specified in subsection (7)(b).”

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

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

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

(3) 40After subsection (2) insert—

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

(4) 45In subsection (5) at the beginning of paragraph (c) insert “subject to section
13A,”.

39 After section 13 insert—

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

(1) Subsection (2) applies if—

(a) 5a London PHV driver’s licence is to be granted to a person
who has been granted leave to enter or remain in the United
Kingdom for a limited period (“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
10pending variation decision); and

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

(2) The licence must be granted for a period which ends at or before the
15end of the leave period.

(3) Subsection (4) applies if—

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

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

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

(5) 25A London PHV driver’s licence ceases to be in force if the person to
whom it was granted becomes disqualified by reason of the person’s
immigration status from driving a private hire vehicle.

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

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

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

(b) 35in the case of a continuing offence, to a fine not exceeding ten
pounds for each day during which an offence continues after
conviction.

(8) The Secretary of State may by regulations amend the amount for the
time being specified in subsection (7)(b).”

40 (1) 40Section 16 (power to suspend or revoke licences) is amended as follows.

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

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

(3) After subsection (2) insert—

“(2A) Subsection (2)(aa) does not apply if—

(a) in a case where the licence holder has been convicted of an
immigration offence, the conviction is a spent conviction
5within the meaning of the Rehabilitation of Offenders Act
1974, or

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

(i) more than three years have elapsed since the date on
10which the penalty was imposed, and

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

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

“(aa) the licence holder has, since the grant of the licence, been
convicted of an immigration offence or required to pay an
15immigration penalty;”.

(5) After subsection (4) insert—

“(5) Subsection (4)(aa) does not apply if—

(a) in a case where the licence holder has been convicted of an
immigration offence, the conviction is a spent conviction
20within the meaning of the Rehabilitation of Offenders Act
1974, or

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

(i) more than three years have elapsed since the date on
25which the penalty was imposed, and

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

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

“(8) On an appeal under this Act to the magistrates’ court or the Crown
Court, the court is not entitled to entertain any question as to
30whether—

(a) a 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
35Kingdom.”

42 After section 35 insert—

“35A Persons disqualified by reason of immigration status

(1) For the purposes of this Act a person is disqualified by reason of the
person’s immigration status from carrying on a licensable activity if
40the 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
Kingdom—

(i) 45is 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) operates a private hire vehicle; or

(b) 20drives a private hire vehicle.

35B Immigration offences and immigration penalties

(1) In 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
25of 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) section 15 of the Immigration, Asylum and Nationality Act
302006 (“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
been required to pay an immigration penalty if—

(a) 35the 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 Act a person to whom a penalty notice under
40section 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
any notice given within that period; and

(b) 45if 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.”

43 (1) 20Section 32 (regulations) is amended as follows.

(2) In subsection (1) after “other than section” in the first place those words
appear insert “3A(8), 13A(8) or”.

(3) After subsection (2) insert—

“(2A) The power to make regulations conferred on the Secretary of State by
25section 3A(8) or 13A(8) is exercisable by statutory instrument.

(2B) A statutory instrument containing regulations under either of those
sections may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of
Parliament.”

(4) 30In subsection (4) after “made under section” insert “3A(8), 13A(8) or”.

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

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

Taxis Act (Northern Ireland) 2008 (c. 4)

45 The Taxis Act (Northern Ireland) 2008 is amended as follows.

46 (1) 35Section 2 (operator’s licences) is amended as follows.

(2) In subsection (4) for the “and” at the end of paragraph (a) substitute—

“(aa) if the applicant is an individual, the applicant is not
disqualified by reason of the applicant’s immigration status
from operating a taxi service; and”.

(3) 40After subsection (4) insert—

“(4A) In determining for the purposes of subsection (4) whether an
applicant is disqualified by reason of the applicant’s immigration

status from operating a taxi service, the Department must have
regard to any guidance issued by the Secretary of State.”

(4) In subsection (7) for “An” substitute “Subject to section 2A, an”.

47 After section 2 insert—

“2A 5Operator’s licences for persons subject to immigration control

(1) Subsection (2) applies if—

(a) an operator’s licence is to be granted to a person who has
been granted leave to enter or remain in the United Kingdom
for a limited period (“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 granted would have ended after the end of
15the leave period.

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

(3) Subsection (4) applies if—

(a) an operator’s licence is to be granted to a person who has
20been 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
variation decision).

(4) 25The licence must be granted for a period which does not exceed six
months.

(5) An operator’s licence ceases to be in force if the person to whom it
was granted becomes disqualified by reason of the person’s
immigration status from operating a taxi service.

(6) 30If 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 it to the
Department.

(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 it
to the Department.

(8) A person who, without reasonable excuse, contravenes subsection
(6) or (7) is guilty of an offence.”

48 (1) 40Section 23 (taxi driver’s licences) is amended as follows.

(2) In subsection (2) after paragraph (a) insert—

“(aa) the applicant is not disqualified by reason of the applicant’s
immigration status from driving a taxi;”.

(3) After subsection (2) insert—

“(2A) In determining for the purposes of subsection (2) whether an
applicant is disqualified by reason of the applicant’s immigration
status from driving a taxi, the Department must have regard to any
5guidance issued by the Secretary of State.”

(4) In subsection (8) for “A” substitute “Subject to section 23A, a”.

49 After section 23 insert—

“23A Taxi driver’s licences for persons subject to immigration control

(1) Subsection (2) applies if—

(a) 10a taxi driver’s licence is to be granted to a person who has
been granted leave to enter or remain in the United Kingdom
for a limited period (“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
15pending variation decision), and

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

(2) The licence must be granted for a period which ends at or before the
20end of the leave period.

(3) Subsection (4) applies if—

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

(b) 25the person’s leave has been extended by virtue of section 3C
of the Immigration Act 1971 (continuation of leave pending
variation decision).

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

(5) 30A taxi driver’s licence ceases to be in force if the person to whom it
was granted becomes disqualified by reason of the person’s
immigration status from driving a taxi.

(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
35beginning with the day after that on which it expired, return to the
Department—

(a) the licence,

(b) the person’s driver’s badge, and

(c) any other evidence of identification which the Department
40has issued under section 24.

(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 to
the Department—

(a) 45the licence,

(b) the person’s driver’s badge, and