Immigration Bill (HL Bill 109)

Supplementary provision

31 Consequential and related amendments

Schedule 3 (consequential and related amendments) has effect.

32 Regulations under Chapter 1

(1) 5Regulations under section 3 or 14 must not prescribe a requirement, function
or offence if provision imposing the requirement, conferring the function or
creating the offence falls within subsection (3).

(2) Regulations under section 11 must not confer a function if provision doing so
falls within subsection (3).

(3) 10Provision falls within this subsection if—

(a) it would be within the legislative competence of the Scottish Parliament
if contained in an Act of that Parliament,

(b) it would be within the legislative competence of the National Assembly
for Wales if contained in an Act of that Assembly, or

(c) 15it would be within the legislative competence of the Northern Ireland
Assembly if contained in an Act of that Assembly made without the
consent of the Secretary of State.

(4) Regulations under section 3, 11 or 14 may make such provision amending,
repealing or revoking any provision of any enactment, including this Chapter,
20as the Secretary of State considers appropriate in consequence of the
regulations.

33 Interpretation of Chapter 1

In this Chapter—

• “the Director” has the meaning given by section 1;

25“enactment” includes—

(a)

an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978;

(b)

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

(c)

30an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales;

(d)

an enactment contained in, or in an instrument made under,
Northern Ireland legislation;

• “enforcing authority” has the meaning given by section 14;

• 35“financial year” means a period of 12 months ending with 31 March;

• “HMRC Commissioners” means the Commissioners for Her Majesty’s
  Revenue and Customs;

• “labour market enforcement functions” has the meaning given by section
  3;

• 40“LME order” has the meaning given by section 18;

• “LME undertaking” has the meaning given by section 14;

• “non-compliance in the labour market” has the meaning given by section
  3;

• “the respondent” has the meaning given by section 18;

Immigration BillPage 21

• “strategy” has the meaning given by section 2;

• “subject” has the meaning given by section 14;

• “trigger offence” has the meaning given by section 14.

CHAPTER 2 5Illegal working

Offences

34 Offence of illegal working

(1) The Immigration Act 1971 is amended as follows.

(2) In section 3(1)(c)(i) (power to grant limited leave to enter or remain in the
10United Kingdom subject to condition restricting employment or occupation)
for “employment” substitute “work”.

(3) After section 24A insert—

“24B Illegal working

(1) A person (“P”) who is subject to immigration control commits an
15offence if—

(a) P works at a time when P is disqualified from working by
reason of P’s immigration status, and

(b) at that time P knows or has reasonable cause to believe that P is
disqualified from working by reason of P’s immigration status.

(2) 20For the purposes of subsection (1) a person is disqualified from
working by reason of the person’s immigration status if—

(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) 25is 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
30doing work of that kind.

(3) A person who is guilty of an offence under subsection (1) is liable on
summary conviction—

(a) in England and Wales, to imprisonment for a term not
exceeding 51 weeks or a fine, or both,

(b) 35in Scotland or Northern Ireland, to imprisonment for a term not
exceeding 6 months or a fine not exceeding level 5 on the
standard scale, or both.

(4) In relation to an offence committed before section 281(5) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (3)(a) to 51
40weeks is to be read as a reference to 6 months.

(5) If a person is convicted of an offence under subsection (1) in England
and Wales, the prosecutor must consider whether to ask the court to

commit the person to the Crown Court under section 70 of the Proceeds
of Crime Act 2002 (committal with view to confiscation order being
considered).

(6) If a person is convicted of an offence under subsection (1) in Scotland,
5the prosecutor must consider whether to ask the court to act under
section 92 of the Proceeds of Crime Act 2002 (making of confiscation
order).

(7) If a person is convicted of an offence under subsection (1) in Northern
Ireland, the prosecutor must consider whether to ask the court to
10commit the person to the Crown Court under section 218 of the
Proceeds of Crime Act 2002 (committal with view to confiscation order
being considered).

(8) The reference in subsection (1) to a person who is subject to
immigration control is to a person who under this Act requires leave to
15enter or remain in the United Kingdom.

(9) 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 subsection (2) as
if the person had been granted leave to enter the United
20Kingdom, 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.

(10) The reference in subsection (1) to a person working is to that person
25working—

(a) under a contract of employment,

(b) under a contract of apprenticeship,

(c) under a contract personally to do work,

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

(e) 30for a purpose related to a contract to sell goods,

(f) as a constable,

(g) in the course of Crown employment,

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

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

(11) 35In subsection (10)—

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

• 40“Crown employment”—

  (a)

  in 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
  45by Article 236(3) of the Employment Rights (Northern
  Ireland) Order 1996 (SI 1996/1919 (NI 16));

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

• “relevant member of the House of Lords staff” has the meaning
  5given by section 194(6) of the Employment Rights Act 1996.

(12) Subsection (1) does not apply to—

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

(b) employment by an association established for the purposes of
10Part 11 of the Reserve Forces Act 1996.

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

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

(5) In section 28B(5) (search and arrest by warrant: relevant offences) after “24A,”
15insert “24B,”.

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

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

(7) In section 28D(4) (entry and search of premises: relevant offences) after “24A,”
20insert “24B,”.

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

35 Offence of employing illegal worker

(1) Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of
25knowingly employing illegal worker) is amended in accordance with
subsections (2) to (4).

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

(3) 30After subsection (1) insert—

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

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

(b) 35has reasonable cause to believe that the employee is disqualified
from employment by reason of the employee’s immigration
status.

(1B) For the purposes of subsections (1) and (1A) a person is disqualified
from employment by reason of the person’s immigration status if the
40person is an adult subject to immigration control and—

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

(b) 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
5accepting the employment.”

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

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

(6) 10After subsection (1) insert—

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

(7) 15In each of subsections (2) and (4) after “21(1)” insert “or (1A)”.

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

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

(a) after subsection (9A) insert—

“(9B) 20An immigration officer may arrest without warrant a person
who, or whom the immigration officer has reasonable grounds
for suspecting—

(a) has committed or attempted to commit an offence under
section 21(1) or (1A) of the Immigration, Asylum and
25Nationality Act 2006 (employment of illegal worker etc),
or

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

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

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

(10) 30In section 28AA(1) of that Act (arrest with warrant) for paragraphs (a) and (b)
substitute “section 24(1)(d)”.

Illegal working in licensed premises

36 Licensing Act 2003: amendments relating to illegal working

(1) Schedule 4 (Licensing Act 2003: amendments relating to illegal working) has
35effect.

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

(a) has a similar effect to the amendments made by Schedule 4, and

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

(3) Regulations under subsection (2) may—

(a) 40amend, repeal or revoke any enactment;

(b) confer functions on any person.

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

(a) the Scottish Ministers,

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

(c) a Northern Ireland Minister, or

(d) a Northern Ireland department.

(5) 5In this section “enactment” includes—

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

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

(c) 10an enactment contained in, or in an instrument made under, Northern
Ireland legislation.

Illegal working in relation to private hire vehicles etc

37 Private hire vehicles etc

Schedule 5 (private hire vehicles etc) has effect.

15Illegal working notices and orders

38 Illegal working closure notices and illegal working compliance orders

Schedule 6 (illegal working closure notices and illegal working compliance
orders) has effect.

39 Asylum seekers: permission to work after six months

(1) 20The Immigration Act 1971 is amended as follows.

(2) After section 3(9) (general provisions for regulation and control) insert—

“(10) In making rules under subsection (2), the Secretary of State must
provide for persons seeking asylum, within the meaning of the rules, to
apply to the Secretary of State for permission to take up employment,
25including self-employment and voluntary work.

(11) Permission to work for persons seeking asylum must be granted if—

(a) a decision has not been taken on the applicant’s asylum
application within six months of the date on which it was
recorded, or

(b) 30an individual makes further submissions which raise asylum
grounds and a decision on that new claim or to refuse to treat
such further submissions as a new claim has not been taken
within six months of the date on which the submissions were
recorded.

(12) 35Permission for a person seeking asylum to take up employment shall be
on terms no less favourable than those upon which permission is
granted to a person recognised as a refugee to take up employment.””

40 Overseas domestic workers

For section 53 of the Modern Slavery Act 2015 (overseas domestic workers)

substitute—

“53 Overseas domestic workers

(1) Immigration rules must make provision for leave to remain in the
United Kingdom to be granted to an overseas domestic worker.

(2) 5Immigration rules must make provision as to the conditions on which
such leave is to be granted, and must in particular provide—

(a) that the leave is to be for the purpose of working as a domestic
worker in a private household;

(b) for a person who has such leave to be able to change employer,
10registering such change of leave with the Home Office.

(3) Immigration rules may specify a maximum period for which a person
may have leave to remain in the United Kingdom by virtue of
subsection (1), and if they do so, the specified maximum period must
not be less than 2½ years.

(4) 15Immigration rules must provide for a period during which no
enforcement action should be taken against such an overseas domestic
worker in respect of his or her—

(a) remaining in the United Kingdom beyond the time limited by
his or her leave to enter or remain, or

(b) 20breaching a condition of that leave relating to his or her
employment if he or she wishes to change it.

(5) The Secretary of State must issue guidance to persons having functions
under the Immigration Acts about the exercise of those functions in
relation to an overseas domestic worker who may be a victim of slavery
25or human trafficking.

(6) The guidance must provide for an overseas domestic worker remaining
in the UK for more than 42 days to be required to attend a group
information session as defined in that guidance, within that period.

(7) In this section—

• 30“enforcement action” has the meaning given by section 24A of the
  Immigration Act 1971;

• “immigration rules” has the same meaning as in that Act;

• “overseas domestic worker” means a person who, under the
  immigration rules, has (or last had) leave to enter or remain in
  35the United Kingdom as—

  (a)

  a domestic worker in a private household, or

  (b)

  a private servant in a diplomatic household.””

Part 2 Access to services

40Residential tenancies

41 Offence of leasing premises

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

(2) After section 33 insert—

“Offences

33A Offences: landlords

(1) The landlord under a residential tenancy agreement which relates to
5premises in England commits an offence if the first and second
conditions are met.

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

(3) 10The second condition is that the landlord knows or has reasonable
cause to believe that the premises are occupied by an adult who is
disqualified as a result of their immigration status from occupying
premises under a residential tenancy agreement.

(4) But unless subsection (5) applies the landlord does not commit an
15offence under subsection (1) if—

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

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

(c) 20the eligibility period in relation to that occupier has not expired.

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

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

(b) states that the adult is disqualified as a result of their
25immigration status from occupying premises under a
residential tenancy agreement.

(6) It is a defence for a person charged with an offence under subsection (1)
to prove that—

(a) the person has taken reasonable steps to terminate the
30residential tenancy agreement, and

(b) the person has taken such steps within a reasonable period
beginning with the time when the person first knew or had
reasonable cause to believe that the premises were occupied by
the adult mentioned in subsections (2) and (3).

(7) 35In determining whether subsection (6)(a) or (b) applies to a person, the
court must have regard to any guidance which, at the time in question,
had been issued by the Secretary of State for the purposes of that
subsection and was in force at that time.

(8) Guidance issued for the purposes of subsection (6)—

(a) 40must be laid before Parliament in draft before being issued, and

(b) comes into force in accordance with regulations made by the
Secretary of State.

(9) Section 22(9) applies for the purposes of subsection (1) as it applies for
the purposes of that section.

(10) 45A person commits an offence if—

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

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

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

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

(11) Subsection (10) applies whether or not the landlord is given a notice
under section 23 in respect of the contravention.

33B Offences: agents

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

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

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

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

(c) did not do so.

(3) Subsection (4) applies where—

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

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

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

(4) The agent commits an offence if—

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

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

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

33C Offences: penalties etc

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

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

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

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

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

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

(a) a director, manager or secretary,

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

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

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

(a) a partner, and

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

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

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

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

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

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

(5) 25Sections 33A to 33C apply in relation to a residential tenancy agreement
entered into before or after the coming into force of section 41 of the
Immigration Act 2016 (which inserted those sections into this Act).

(6) But sections 33A(10) and (11) and section 33B apply only in relation to
a contravention of section 22 which occurs after the coming into force
30of section 41 of the Immigration Act 2016.”

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

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

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

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

“(“iv) section 33A,”.

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

(a) after subsection (9B) insert—

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

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

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