Immigration Bill (HL Bill 109)

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

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

50 (1) 5Section 26 (power to suspend, revoke or curtail 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
10immigration 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
15within the meaning of the Rehabilitation of Offenders
(Northern Ireland) Order 1978 (SI 1978/1908 (NI 27)SI 1978/1908 (NI 27)), 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
20which the penalty was imposed, and

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

(4) In subsection (6) 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
25immigration penalty;”.

(5) After subsection (6) insert—

“(7) Subsection (6)(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
30within the meaning of the Rehabilitation of Offenders
(Northern Ireland) Order 1978 (SI 1978/1908 (NI 27)SI 1978/1908 (NI 27)), 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
35which the penalty was imposed, and

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

51 In section 32 (return of licences etc) after subsection (5) insert—

“(5A) Subsection (4) does not apply if the licence was granted in
accordance with section 2A(2) or (4) or 23A(2) or (4) (but see sections
402A(6) and 23A(6)).”

52 In section 34 (appeals) after subsection (5) insert—

“(6) On any appeal, the court is not entitled to entertain any question as
to whether—

(a) a person should be, or should have been, granted leave to
45enter 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.”

53 After section 56 insert—

“56A 5Persons 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) the person has not been granted leave to enter or remain in
10the 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
15curtailment, revocation, cancellation, passage of time
or otherwise), or

(iii) is subject to a condition preventing the person from
carrying on the licensable activity.

(2) Where a person is on immigration bail within the meaning of Part 1
20of Schedule 10 to the Immigration Act 2016—

(a) the person is to be treated for the purposes of this Part 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
25to 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
control if under the Immigration Act 1971 the person requires leave
to enter or remain in the United Kingdom.

(4) 30For the purposes of this section a person carries on a licensable
activity if the person—

(a) operates a taxi service, or

(b) drives a taxi.

56B Immigration offences and immigration penalties

(1) 35In this Act “immigration offence” means—

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

(b) an offence under Article 3 of the Criminal Attempts and
Conspiracy (Northern Ireland) Order 1983 (SI 1983/1120 (NI
13)) of attempting to commit an offence within paragraph (a),
40or

(c) an offence under Article 9 of that Order of conspiracy to
commit an offence within paragraph (a).

(2) In subsection (1)(a)—

(a) “the Immigration Acts” has the meaning given by section
4561(2) of the UK Borders Act 2007, and

(b) the reference to an offence under any of the Immigration Acts
includes an offence under section 133(5) of the Criminal

Justice and Immigration Act 2008 (breach of condition
imposed on designated person).

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

(a) section 15 of the Immigration, Asylum and Nationality Act
52006 (“the 2006 Act”), or

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

(4) 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) 10the 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.

(5) For the purposes of this Act a person to whom a penalty notice under
15section 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) 20if 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.

(6) For the purposes of this Act a person to whom a penalty notice under
25section 23 of the 2014 Act has been given is not to be treated as having
been required to pay an immigration penalty if—

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

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

(7) 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
been required to pay an immigration penalty until such time as—

(a) the period for giving a notice of objection under section 29 of
35that Act has expired and the Secretary of State has considered
any notice given within that period, and

(b) if a notice of objection was given within that period, the
period for appealing under section 30 of that Act has expired
and any appeal brought within that period has been finally
40determined, abandoned or withdrawn.”

Transitional provision

54 (1) Subject to sub-paragraph (2), an amendment made by any of paragraphs 3,
4, 7 to 12, 18 to 23, 30, 32(2) and (3), 36 to 39 and 46 to 49 does not apply in
relation to an application for a licence made before the coming into force of
45that paragraph or a licence granted in response to such an application.

(2) Sub-paragraph (1) does not prevent an amendment made by any of those
paragraphs from applying in relation to—

(a) an application for the renewal of a licence where that licence was
granted before the coming into force of that paragraph, or

(b) a licence renewed in response to such an application.

55 (1) Subject to sub-paragraphs (2) and (3), an amendment made by any of
5paragraphs 13, 14, 24, 25, 32(4), 40 and 50 applies in relation to a licence
granted before or after the coming into force of that paragraph.

(2) An amendment made by any of those paragraphs applies in relation to a
conviction for an immigration offence only if the person in question has been
convicted of that offence after the coming into force of that paragraph in
10respect of the person’s conduct after that time.

(3) An amendment made by any of those paragraphs applies in relation to a
requirement to pay an immigration penalty only if the person in question
has been required to pay the penalty after the coming into force of that
paragraph in respect of the person’s conduct after that time.

56 (1) 15Section 19(1) of the Plymouth City Council Act 1975 has effect in relation to
the licence of a driver of a hackney carriage or private hire vehicle granted
before the coming into force of paragraph 13 as if before the “or” at the end
of paragraph (a) there were inserted—

“(ab) in the case of a refusal to renew a licence, that he is
20disqualified by reason of his immigration status from driving
a hackney carriage or a private hire vehicle;”.

(2) Section 20A(1)(a) of that Act has effect in relation to such a licence as if after
“subsection (1)(aa)” there were inserted “or (ab)”.

(3) Section 20(1) of that Act has effect in relation to an operator’s licence granted
25before the coming into force of paragraph 14 as if before the “or” at the end
of paragraph (c) there were inserted—

“(cb) in the case of a refusal to renew a licence, that the operator is
disqualified by reason of the operator’s immigration status
from operating a private hire vehicle;”.

(4) 30Section 20A(1)(b) of that Act has effect in relation to such a licence as if after
“subsection (1)(ca)” there were inserted “or (cb)”.

(5) Section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976
has effect in relation to the licence of a driver of a hackney carriage or private
hire vehicle granted before the coming into force of paragraph 24 as if before
35the “or” at the end of paragraph (a) there were inserted—

“(ab) in the case of a refusal to renew a licence, that he is
disqualified by reason of his immigration status from driving
a hackney carriage or a private hire vehicle;”.

(6) Section 62A(1)(a) of that Act has effect in relation to such a licence as if after
40“subsection (1)(aa)” there were inserted “or (ab)”.

(7) Section 62(1) of that Act has effect in relation to an operator’s licence granted
before the coming into force of paragraph 25 as if before the “or” at the end
of paragraph (c) there were inserted—

“(cb) in the case of a refusal to renew a licence, that the operator is
45disqualified by reason of the operator’s immigration status
from operating a private hire vehicle;”.

(8) Section 62A(1)(b) of that Act has effect in relation to such a licence as if after
“subsection (1)(ca)” there were inserted “or (cb)”.

(9) Subsections (3A) to (3C) of section 13 of the Civic Government (Scotland) Act
1982 apply in relation to an application for the renewal of a taxi driver’s or
5private hire car driver’s licence granted before the coming into force of
paragraph 30 as they apply in relation to an application for the grant of such
a licence made after that time.

Section 38

SCHEDULE 6 Illegal working closure notices and illegal working compliance orders

10Illegal working closure notices

1 (1) An immigration officer of at least the rank of chief immigration officer may
issue an illegal working closure notice in respect of premises if satisfied on
reasonable grounds that the conditions in sub-paragraphs (3) and (6) are
met.

(2) 15An illegal working closure notice is a notice which prohibits, for a period
specified in the notice—

(a) access to the premises other than by a person who habitually lives on
the premises, except where authorised in writing by an immigration
officer;

(b) 20paid or voluntary work being performed on the premises, except
where so authorised.

(3) The condition in this sub-paragraph is that an employer operating at the
premises is employing a person over the age of 16 and subject to
immigration control—

(a) 25who has not been granted leave to enter or remain in the United
Kingdom, or

(b) whose leave to enter or remain in the United Kingdom—

(i) is invalid,

(ii) has ceased to have effect (whether by reason of curtailment,
30revocation, cancellation, passage of time or otherwise), or

(iii) is subject to a condition preventing the person from accepting
the employment.

(4) Where a person is on immigration bail within the meaning of Part 1 of
Schedule 10—

(a) 35the person is to be treated for the purposes of sub-paragraph (3) 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
which the person’s immigration bail is subject is to be treated for
those purposes as a condition of leave.

(5) 40A person falling within sub-paragraph (3) is referred to in this Schedule as
an “illegal worker”.

(6) The condition in this sub-paragraph is that the employer, or a connected
person in relation to the employer—

(a) has been convicted of an offence under section 21 of the Immigration,
Asylum and Nationality Act 2006 (“the 2006 Act”),

(b) has, during the period of three years ending with the date on which
the illegal working closure notice is issued, been required to pay a
5penalty under section 15 of the 2006 Act, or

(c) has at any time been required to pay such a penalty and failed to pay
it.

(7) Sub-paragraph (6)(a) does not apply in relation to a conviction which is a
spent conviction for the purposes of the Rehabilitation of Offenders Act 1974
10or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/
1908 (N.I. 27)).

(8) For the purposes of sub-paragraph (6)(b) and (c)—

(a) 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 the
15penalty if—

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

(ii) the penalty is cancelled by virtue of section 16 or 17 of that
Act;

(b) 20a person to whom such a notice has been given is not to be treated as
having been required to pay the penalty until such time as—

(i) the period for giving a notice of objection under section 16 of
the 2006 Act has expired and the Secretary of State has
considered any notice given within that period, and

(ii) 25if 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.

(9) For the purposes of sub-paragraph (6), a person is a connected person in
30relation to an employer if—

(a) where the employer is a body corporate, the person is—

(i) a director, manager or secretary of the body corporate,

(ii) purporting to act as a director, manager or secretary of the
body corporate, or

(iii) 35if the affairs of the body corporate are managed by its
members, a member of the body corporate;

(b) where the employer is a partnership (whether or not a limited
partnership), the person is a partner or purporting to act as a partner;

(c) where the employer is an individual, the person is—

(i) 40a body corporate of which the individual has at any time been
a director, manager or secretary,

(ii) a body corporate in relation to which the individual has at
any time purported to act as a director, manager or secretary,

(iii) a body corporate whose affairs are managed by its members
45and the individual has at any time been a member of the body
corporate,

(iv) a partnership (whether or not a limited partnership) in which
the individual has at any time been a partner or in relation to
which the individual has at any time purported to act as a
50partner.

(10) An illegal working closure notice may not be issued if the employer shows
in relation to the employment of each illegal worker that if a penalty notice
were given under section 15 of the 2006 Act the employer would be excused
under subsection (3) of that section from paying the penalty.

(11) 5An illegal working closure notice may be issued only if reasonable efforts
have been made to inform—

(a) people who live on the premises (whether habitually or not), and

(b) any person who has an interest in the premises,

that the notice is going to be issued.

(12) 10Before issuing an illegal working closure notice the immigration officer must
ensure that any person the officer thinks appropriate has been consulted.

(13) The Secretary of State may by regulations amend sub-paragraph (1) to
change the rank specified in that sub-paragraph.

2 (1) An illegal working closure notice must—

(a) 15identify the premises;

(b) explain the effect of the notice;

(c) state that failure to comply with the notice is an offence;

(d) state that an application will be made under paragraph 5 for an
illegal working compliance order;

(e) 20specify when and where the application will be heard;

(f) explain the effect of an illegal working compliance order.

(2) The maximum period that may be specified in an illegal working closure
notice is 24 hours unless sub-paragraph (3) applies.

(3) The maximum period is 48 hours if the notice is issued by an immigration
25officer of at least the rank of immigration inspector.

(4) In calculating when the period of 48 hours ends, Christmas Day is to be
disregarded.

(5) The period specified in an illegal working closure notice to which sub-
paragraph (3) does not apply may be extended by up to 24 hours if an
30extension notice is issued by an officer of at least the rank of immigration
inspector.

(6) An extension notice is a notice which—

(a) identifies the illegal working closure notice to which it relates, and

(b) specifies the period of the extension.

(7) 35The Secretary of State may by regulations amend sub-paragraph (3) or sub-
paragraph (5) to change the rank specified in that sub-paragraph.

Cancellation of illegal working closure notices

3 (1) An immigration officer may by the issue of a cancellation notice cancel an
illegal working closure notice if—

(a) 40the immigration officer considers that the condition in paragraph
1(3) or (6) is not met, or

(b) the employer shows in relation to the employment of each illegal
worker that if a penalty notice were given under section 15 of the

2006 Act the employer would be excused under subsection (3) of that
section from paying the penalty.

(2) A cancellation notice may be issued only—

(a) by an immigration officer of at least the rank of the immigration
5officer who issued the illegal working closure notice, or

(b) where the illegal working closure notice has been extended by an
extension notice, by an immigration officer of at least the rank of the
immigration officer who issued the extension notice.

Service of notices

4 (1) 10A notice under paragraph 1, 2 or 3 must be served by an immigration officer.

(2) The immigration officer must if possible—

(a) fix a copy of the notice to at least one prominent place on the
premises,

(b) fix a copy of the notice to each normal means of access to the
15premises,

(c) fix a copy of the notice to any outbuildings that appear to the
immigration officer to be used with or as part of the premises,

(d) give a copy of the notice to at least one person who appears to the
immigration officer to have control of or responsibility for the
20premises,

(e) give a copy of the notice to the people who live on the premises and
to any person who does not live there but was informed (under
paragraph 1(11)) that the notice was going to be issued.

(3) If the immigration officer reasonably believes, at the time of serving the
25notice, that there are persons occupying another part of the building or other
structure in which the premises are situated whose access to that part will be
impeded if an illegal working compliance order is made under paragraph 5,
the immigration officer must also if possible serve the notice on those
persons.

(4) 30The immigration officer may enter any premises, using reasonable force if
necessary, for the purposes of complying with sub-paragraph (2)(a).

Illegal working compliance orders

5 (1) Whenever an illegal working closure notice is issued an application must be
made to the court for an illegal working compliance order (unless the notice
35has been cancelled under paragraph 3).

(2) An application for an illegal working compliance order must be made by an
immigration officer.

(3) The application must be heard by the court not later than 48 hours after
service of the illegal working closure notice.

(4) 40In calculating when the period of 48 hours ends, Christmas Day is to be
disregarded.

(5) The court may make an illegal working compliance order in respect of
premises if it is satisfied, on the balance of probabilities—

(a) that the conditions in paragraph 1(3) and (6) are met, and

(b) that it is necessary to make the illegal working compliance order to
prevent an employer operating at the premises from employing an
illegal worker.

(6) An illegal working compliance order may—

(a) 5prohibit or restrict access to the premises;

(b) require a person specified in the order to carry out, at such times as
may be so specified, such checks relating to the right to work as may
be prescribed by the Secretary of State in regulations;

(c) require a person specified in the order to produce to an immigration
10officer, at such times and such places as may be so specified, such
documents relating to the right to work as may be prescribed by the
Secretary of State in regulations;

(d) specify the times at which and the circumstances in which an
immigration officer may enter the premises to carry out such
15investigations or inspections as may be specified in the order;

(e) make such other provision as the court considers appropriate.

(7) Different provisions in an illegal working compliance order may have effect
for different periods.

(8) The maximum period for which an illegal working compliance order or any
20provision in it may have effect is 12 months.

(9) Provision included in an illegal working compliance order which prohibits
or restricts access may make such provision—

(a) in relation to all persons, all persons except those specified, or all
persons except those of a specified description;

(b) 25having effect at all times, or at all times except those specified;

(c) having effect in all circumstances, or in all circumstances except
those specified.

(10) An illegal working compliance order, or any provision of it, may—

(a) be made in respect of the whole or any part of the premises;

(b) 30include provision about access to a part of the building or structure
of which the premises form part.

(11) The court must notify the relevant licensing authority if it makes an illegal
working compliance order in relation to premises in England and Wales in
respect of which a premises licence is in force.

35Illegal working compliance orders: adjournment of hearing

6 (1) This paragraph applies where an application has been made under
paragraph 5 for an illegal working compliance order.

(2) The court may adjourn the hearing of the application for a period of not
more than 14 days to enable any person who has an interest in the premises
40to show why an illegal working compliance order should not be made.

(3) If the court adjourns the hearing it may order that the illegal working closure
notice continues in force until the end of the period of adjournment.

Extension of illegal working compliance orders

7 (1) An immigration officer may apply to the court for an extension (or further
extension) of the period for which any provision of an illegal working
compliance order is in force.

(2) 5The court may grant an application under this paragraph only if it is
satisfied, on the balance of probabilities, that it is necessary to grant it to
prevent an employer operating at the premises from employing an illegal
worker.

(3) Where an application is made under this section, the court may issue a
10summons directed to—

(a) any person on whom the illegal working closure notice was served
under paragraph 4, or

(b) any other person who appears to the court to have an interest in the
premises,

15requiring the person to appear before the court to respond to the application.

(4) If a summons is issued, a notice stating the date, time and place of the
hearing of the application must be served on the persons to whom the
summons is directed.

(5) No application may be granted under this paragraph such that an illegal
20working compliance order, or any provision in it—

(a) is extended for a period exceeding 6 months, or

(b) is in force for a period exceeding 24 months in total.

Variation or discharge of illegal working compliance orders

8 (1) An application may be made to the court under this paragraph—

(a) 25by an immigration officer for an illegal working compliance order to
be varied or discharged,

(b) by a person on whom the illegal working closure notice was served
under paragraph 4, or by any other person who has an interest in the
premises, for an illegal working compliance order to be varied or
30discharged.

(2) Where an application is made under this paragraph, the court may issue a
summons directed to—

(a) an immigration officer,

(b) any person on whom the illegal working closure notice was served
35under paragraph 4, or

(c) any other person who appears to the court to have an interest in the
premises,

requiring the person to appear before the court to respond to the application.

(3) If a summons is issued, a notice stating the date, time and place of the
40hearing of the application must be served on the persons to whom the
summons is directed.

(4) The court may not discharge an illegal working compliance order unless it
is satisfied, on the balance of probabilities, that it is no longer necessary to
prevent an employer operating at the premises from employing an illegal
45worker.