Immigration Bill (HL Bill 109)

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

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

42 Eviction

(1) The Immigration Act 2014 is amended in accordance with subsections (2) to (4).

(2) 5After section 33C (inserted by section 41) insert—

“Eviction

33D Termination of agreement where all occupiers disqualified

(1) The landlord under a residential tenancy agreement relating to
premises in England may terminate the agreement in accordance with
10this section if the condition in subsection (2) is met.

(2) The condition is that the Secretary of State has given one or more
notices in writing to the landlord which, taken together,—

(a) identify the occupier of the premises or (if there is more than
one occupier) all of them, and

(b) 15state that the occupier or occupiers are disqualified as a result of
their immigration status from occupying premises under a
residential tenancy agreement.

(3) The landlord may terminate the residential tenancy agreement by
giving notice in writing and in the prescribed form to the tenant or, in
20the case of a joint tenancy, all of the tenants specifying the date on
which the agreement comes to an end.

(4) That date must not be earlier than the end of the period of 28 days
beginning with the day specified in the notice as the day on which it is
given.

(5) 25The notice may be given—

(a) by delivering it to the tenant or tenants,

(b) by leaving it at the premises,

(c) by sending it by post to the tenant or tenants at the address of
the premises, or

(d) 30in any other prescribed manner.

(6) The notice is to be treated as a notice to quit in a case where a notice to
quit would otherwise be required to bring the residential tenancy
agreement to an end.

(7) The notice is enforceable as if it were an order of the High Court.

(8) 35In this section “occupier”, in relation to premises to which a residential
tenancy agreement applies, means—

(a) a tenant,

(b) a person who, under the agreement, otherwise has the right to
occupy the premises and is named in the agreement, and

(c) 40any other person who the landlord knows is occupying the
premises.

33E Other procedures for ending agreement

(1) It is an implied term of a residential tenancy agreement to which this
subsection applies that the landlord may terminate the tenancy if the
premises to which it relates are occupied by an adult who is
5disqualified as a result of their immigration status from occupying
premises under a residential tenancy agreement.

(2) Subsection (1) applies to a residential tenancy agreement relating to
premises in England if—

(a) it is a tenancy or sub-tenancy or an agreement for a tenancy or
10sub-tenancy, but

(b) it is not a protected or statutory tenancy within the meaning of
the Rent Act 1977 or an assured tenancy within the meaning of
the Housing Act 1988.

(3) For provision relating to a residential tenancy agreement which is a
15protected or statutory tenancy where a tenant or occupier is
disqualified as a result of their immigration status from occupying
premises under a residential tenancy agreement, see Case 10A in Part 1
of Schedule 15 to the Rent Act 1977.

(4) For provision relating to a residential tenancy agreement which is an
20assured tenancy where a tenant or occupier is disqualified as a result of
their immigration status from occupying premises under a residential
tenancy agreement, see Ground 7B in Part 1 of Schedule 2 to the
Housing Act 1988.”

(3) In section 35 (transitional provision) after subsection (6) (inserted by section
2541(3)) insert—

“(7) Sections 33D and 33E apply in relation to a residential tenancy
agreement entered into before or after the coming into force of section
42 of the Immigration Act 2016 (which inserted those sections into this
Act).”

(4) 30In section 37(4)(a) (provisions in which references to the landlord are to any of
them) after sub-paragraph (iv) (inserted by section 41(5)(b)) insert—

“(“v) section 33D, and

(vi) section 33E,”.

(5) In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and
35licences) after subsection (7C) insert—

“(7D) A tenancy or licence is excluded if—

(a) it is a residential tenancy agreement within the meaning of
Chapter 1 of Part 3 of the Immigration Act 2014, and

(b) the condition in section 33D(2) of that Act is met in relation to
40that agreement.”

(6) In section 5 of the Housing Act 1988 (security of tenure)—

(a) in subsection (1) omit the “or” at the end of paragraph (b) and at the end
of paragraph (c) insert “, or

(d) in the case of an assured tenancy—

(i) 45which is a residential tenancy agreement within
the meaning of Chapter 1 of Part 3 of the
Immigration Act 2014, and

(ii) in relation to which the condition in section
33D(2) of that Act is met,

giving a notice in accordance with that section,”, and

(b) in subsection (2) omit the “or” at the end of paragraph (a) and at the end
5of paragraph (b) insert “, or

(c) the giving of a notice under section 33D of the
Immigration Act 2014,”.

(7) The amendments made by subsections (5) and (6) apply in relation to a tenancy
or (in the case of subsection (5)) a licence entered into before or after the coming
10into force of this section.

43 Order for possession of dwelling-house

(1) The Housing Act 1988 is amended in accordance with subsections (2) to (5).

(2) In Part 1 of Schedule 2 (assured tenancies: grounds on which court must order
possession) after Ground 7A insert—

“15Ground 7B

Both of the following conditions are met in relation to a dwelling-
house in England.

Condition 1 is that the Secretary of State has given a notice in writing
to the landlord or, in the case of joint landlords, one or more of them
20which identifies—

(a) the tenant or, in the case of joint tenants, one or more of them,
or

(b) one or more other persons aged 18 or over who are occupying
the dwelling-house,

25as a person or persons disqualified as a result of their immigration
status from occupying the dwelling-house under the tenancy.

Condition 2 is that the person or persons named in the notice—

(a) fall within paragraph (a) or (b) of condition 1, and

(b) are disqualified as a result of their immigration status from
30occupying the dwelling-house under the tenancy.

For the purposes of this ground a person (“P”) is disqualified as a
result of their immigration status from occupying the dwelling-
house under the tenancy if—

(a) P is not a relevant national, and

(b) 35P does not have a right to rent in relation to the dwelling-
house.

P does not have a right to rent in relation to the dwelling-house if—

(a) P requires leave to enter or remain in the United Kingdom
but does not have it, or

(b) 40P’s leave to enter or remain in the United Kingdom is subject
to a condition preventing P from occupying the dwelling-
house.

But P is to be treated as having a right to rent in relation to a
dwelling-house if the Secretary of State has granted P permission for

the purposes of this ground to occupy a dwelling-house under an
assured tenancy.

In this ground “relevant national” means—

(a) a British citizen,

(b) 5a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.”

(3) In section 7 (orders for possession)—

(a) in subsection (3) after “subsections (5A) and (6)” insert “and section
10A”,

(b) 10in subsection (5A)(a) for “and 7A” substitute “, 7A and 7B”,

(c) in subsection (6)(a) after “Ground 7A” insert “, Ground 7B”, and

(d) after subsection (6A) insert—

“(6B) The requirement in subsection (6)(b) that would otherwise
apply to an order for possession of a dwelling-house let on an
15assured fixed term tenancy does not apply where the ground
for possession is Ground 7B in Part 1 of Schedule 2 to this Act.”

(4) In section 8(5) (cases where court may not dispense with notice of proceedings
for possession) after “Ground 7A” insert “, 7B”.

(5) After section 10 insert—

“10A 20Power to order transfer of tenancy in certain cases

(1) This section applies on an application for an order for possession of a
dwelling-house let on an assured tenancy if the court is satisfied that—

(a) Ground 7B in Schedule 2 is established,

(b) no other ground in that Schedule is established, or one or more
25grounds in Part 2 of that Schedule are established but it is not
reasonable to make an order for possession on that ground or
those grounds,

(c) the tenancy is a joint tenancy, and

(d) one or more of the tenants is a qualifying tenant.

(2) 30In subsection (1)(d) “qualifying tenant” means a person who (within
the meaning of Ground 7B) is not disqualified as a result of the person’s
immigration status from occupying the dwelling-house under the
tenancy.

(3) The court may, instead of making an order for possession, order that
35the tenant’s interest under the tenancy is to be transferred so that it is
held—

(a) if there is one qualifying tenant, by the qualifying tenant as sole
tenant, or

(b) if there is more than one qualifying tenant, by all of them as joint
40tenants.

(4) The effect of an order under this section is that, from the time the order
takes effect, the qualifying tenant or tenants—

(a) are entitled to performance of the landlord’s covenants under
the tenancy, and

(b) 45are liable to perform the tenant’s covenants under the tenancy.

(5) The effect of an order under this section is that, from the time it takes
effect, any other person who was a tenant under the tenancy before the
order took effect—

(a) ceases to be entitled to performance of the landlord’s covenants
5under the tenancy, or

(b) ceases to be liable to perform the tenant’s covenants under the
tenancy.

(6) Subsection (5) does not remove any right or liability of the person
which accrued before the order took effect.

(7) 10An order under this section does not operate to create a new tenancy as
between the landlord and the qualifying tenant or tenants.

(8) In particular, if the tenancy is a fixed term tenancy, the term comes to
an end at the same time as if the order had not been made.”

(6) In Part 1 of Schedule 15 to the Rent Act 1977 (grounds for possession of
15dwelling-houses let on or subject to protected or statutory tenancies) after Case
10 insert—

“Case 10A

Both of the following conditions are met in relation to a dwelling-
house in England.

20Condition 1 is that the Secretary of State has given a notice in writing
to the landlord or, in the case of joint landlords, one or more of them
which identifies—

(a) the tenant or, in the case of joint tenants, one or more of them,
or

(b) 25one or more other persons aged 18 or over who are occupying
the dwelling-house,

as a person or persons disqualified as a result of their immigration
status from occupying the dwelling-house under the tenancy.

Condition 2 is that the person or persons named in the notice—

(a) 30fall within paragraph (a) or (b) of condition 1, and

(b) are disqualified as a result of their immigration status from
occupying the dwelling-house under the tenancy.

For the purposes of this case a person (“P”) is disqualified as a result
of their immigration status from occupying the dwelling-house
35under the tenancy if—

(a) P is not a relevant national, and

(b) P does not have a right to rent in relation to the dwelling-
house.

P does not have a right to rent in relation to the dwelling-house if—

(a) 40P requires leave to enter or remain in the United Kingdom
but does not have it, or

(b) P’s leave to enter or remain in the United Kingdom is subject
to a condition preventing P from occupying the dwelling-
house.

45But P is to be treated as having a right to rent in relation to a
dwelling-house if the Secretary of State has granted P permission for

the purposes of this case to occupy a dwelling-house which is for the
time being let on a protected tenancy or subject to a statutory
tenancy.

In this case “relevant national” means—

(a) 5a British citizen,

(b) a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.”

(7) The amendments made by this section apply in relation to a tenancy entered
into before or after the coming into force of this section.

44 10Extension to Wales, Scotland and Northern Ireland

(1) The Secretary of State may by regulations make such provision as the Secretary
of State considers appropriate for enabling any of the residential tenancies
provisions to apply in relation to Wales, Scotland or Northern Ireland.

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

(a) 15has a similar effect to any of the residential tenancies provisions, and

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

(3) Regulations under subsection (1) or (2) may—

(a) amend, repeal or revoke any enactment;

(b) confer functions on any person.

(4) 20Regulations under subsection (1) or (2) may not confer functions on—

(a) the Welsh Ministers,

(b) the Scottish Ministers,

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

(d) a Northern Ireland Minister, or

(e) 25a Northern Ireland department.

(5) In this section—

• “enactment” includes—

  (a)

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

  (b)

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

  (c)

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

  (d)

  an enactment contained in, or in an instrument made under,
  35Northern Ireland legislation;

• “the residential tenancies provisions” means sections 41 to 43 and the
  amendments made by those sections.

Driving

45 Powers to carry out searches relating to driving licences

(1) 40Schedule 2 to the Immigration Act 1971 (administrative provisions as to control
of entry etc) is amended in accordance with subsections (2) and (3).

(2) After paragraph 25C insert—

“Entry of premises to search for driving licence

25CA (1) An authorised officer may exercise the powers in this section if the
officer has reasonable grounds for believing that a person—

(a) 5is in possession of a driving licence, and

(b) is not lawfully resident in the United Kingdom.

(2) The authorised officer may enter and search any premises—

(a) occupied or controlled by the person, or

(b) in which the person was when the person was encountered
10by the officer,

for the driving licence.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the authorised officer has reasonable grounds for
believing that the driving licence is on the premises,

(b) 15only to the extent that it is reasonably required for the
purpose of discovering the driving licence, and

(c) unless the authorised officer is a constable, only if a senior
officer has authorised its exercise in writing.

(4) Sub-paragraph (3)(c) does not apply where it is not reasonably
20practicable for the authorised officer to obtain the authorisation of a
senior officer before exercising the power.

(5) An authorised officer who has conducted a search in reliance on sub-
paragraph (4) must inform a senior officer as soon as is practicable.

(6) The senior officer authorising a search, or who is informed of one
25under sub-paragraph (5), must make a record in writing of the
grounds for the search.

(7) In this paragraph and paragraphs 25CB and 25CC—

• “authorised officer” means—

  (a)

  an immigration officer,

  (b)

  30a constable, or

  (c)

  a person of a kind authorised for the purposes of this
  paragraph and paragraphs 25CB and 25CC by the
  Secretary of State;

• “driving licence”—

  (a)

  35means a licence to drive a motor vehicle granted
  under Part 3 of the Road Traffic Act 1988 or Part II of
  the Road Traffic (Northern Ireland) Order 1981 (SI
  1981/154 (NI 1)), and

  (b)

  includes a licence of that kind which has been
  40revoked;

• “senior officer” means—

  (a)

  in relation to an authorised officer who is an
  immigration officer, an immigration officer not below
  the rank of chief immigration officer;

  (b)

  45in relation to an authorised officer other than an
  immigration officer, a person of a kind designated by

  Immigration BillPage 37

  the Secretary of State for the purposes of this
  paragraph in relation to an authorised officer of that
  kind.

(8) For the purposes of this paragraph and paragraphs 25CB and 25CC
5a person is not lawfully resident in the United Kingdom if the person
requires leave to enter or remain in the United Kingdom but does not
have it.

Searching persons for driving licences

25CB (1) An authorised officer may exercise the powers in this section if the
10officer has reasonable grounds for believing that a person—

(a) is in possession of a driving licence, and

(b) is not lawfully resident in the United Kingdom.

(2) The authorised officer may search the person for the driving licence.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) 15only if the authorised officer has reasonable grounds for
believing that the driving licence may be concealed on the
person, and

(b) only to the extent that it is reasonably required for the
purpose of discovering the driving licence.

(4) 20An intimate search may not be carried out under sub-paragraph (2).

(5) In sub-paragraph (4) “intimate search” has the same meaning as in
section 28H(11).

Seizure and retention of driving licence

25CC (1) If an authorised officer who is exercising a power to search a person
25or premises finds a driving licence to which this sub-paragraph
applies in the course of the search, the officer may seize and retain
the licence.

(2) Sub-paragraph (1) applies to a driving licence if—

(a) the authorised officer finds the licence in the possession of a
30person who the authorised officer has reasonable grounds for
believing is not lawfully resident in the United Kingdom, or

(b) the authorised officer has reasonable grounds for believing
that the holder of the licence is not lawfully resident in the
United Kingdom.

(3) 35A driving licence seized under sub-paragraph (1) must, as soon as
practicable, be given to—

(a) the Secretary of State, in the case of a licence granted by the
Secretary of State, or

(b) the Department of the Environment for Northern Ireland, in
40the case of a licence granted by the Department.

(4) A person who is in possession of a driving licence by virtue of sub-
paragraph (3) must retain it if—

(a) it has not been revoked,

(b) it has been revoked but the time limit for an appeal against
revocation of the licence has not expired, or

(c) it has been revoked, such an appeal has been brought but the
appeal has not been determined.

(5) 5A driving licence which is required to be retained under sub-
paragraph (4) must be retained—

(a) until a decision is taken not to revoke it, or

(b) if it has been or is subsequently revoked—

(i) until the time limit for an appeal against revocation of
10the licence expires without an appeal being brought,
or

(ii) until such an appeal is determined.

(6) A driving licence which is in the possession of a person by virtue of
sub-paragraph (3) but which is not required to be retained under
15sub-paragraphs (4) and (5) must be returned to the holder if—

(a) a decision is taken not to revoke the licence, or

(b) an appeal against revocation of the licence is determined in
favour of the holder.

(7) Otherwise the driving licence may be dealt with in such manner as
20that person thinks fit.

(8) Neither the Secretary of State nor the Department of the
Environment for Northern Ireland is obliged to re-issue a licence
which has been seized and retained under this paragraph.

(9) References in this paragraph to an appeal against the revocation of a
25licence are to—

(a) an appeal under section 100 of the Road Traffic Act 1988, in
the case of a licence granted by the Secretary of State, or

(b) an appeal under Article 16 of the Road Traffic (Northern
Ireland) Order 1981 (SI 1981/154 (NI 1)SI 1981/154 (NI 1)), in the case of a
30licence granted by the Department of the Environment for
Northern Ireland.

(10) References in this paragraph to the holder of a driving licence, in
relation to a licence that has been revoked, include the person who
was the holder of the licence before it was revoked.”

(3) 35In paragraph 25D(8) (access and copying: meaning of seized material) at the
end insert “other than a driving licence seized under paragraph 25CC.”

(4) In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable
force) after paragraph (a) insert—

“(aa) paragraph 25CA, 25CB or 25CC of Schedule 2 to the 1971 Act
40(powers to search for and seize driving licences),”.

46 Offence of driving when unlawfully in the United Kingdom

(1) The Immigration Act 1971 is amended in accordance with subsections (2) to (6).

(2) Before section 25 insert—

“24C Driving when unlawfully in the United Kingdom

(1) A person commits an offence if—

(a) the person drives a motor vehicle on a road or other public place
5at a time when the person is not lawfully resident in the United
Kingdom, and

(b) at that time the person knows or has reasonable cause to believe
that the person is not lawfully resident in the United Kingdom.

(2) A person who is guilty of an offence under subsection (1) is liable on
10summary conviction—

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

(b) in Scotland or Northern Ireland, to imprisonment for a term not
exceeding 6 months, to a fine not exceeding level 5 on the
15standard scale or to both.

(3) In relation to an offence committed before section 281(5) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (2)(a) to 51
weeks is to be read as a reference to 6 months.

(4) In this section “motor vehicle” and “road”—

(a) 20in relation to England and Wales and Scotland, have the same
meanings as in the Road Traffic Act 1988;

(b) in relation to Northern Ireland, have the same meanings as in
the Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994SI 1995/2994
(NI 18)).

(5) 25For the purposes of this section a person is not lawfully resident in the
United Kingdom if the person requires leave to enter or remain in the
United Kingdom but does not have it.

24D Detention of motor vehicles

(1) If a person (“P”) has been arrested for an offence under section 24C
30committed in England and Wales or Northern Ireland, a senior officer
or a constable may detain a relevant vehicle.

(2) Subject to regulations under subsection (8), a vehicle detained under
subsection (1) must be released—

(a) when a decision is taken not to charge P with the offence, or

(b) 35if P is charged with the offence—

(i) when P is acquitted, the charge against P is dismissed or
the proceedings are discontinued, or

(ii) if P is convicted, when the court decides not to order
forfeiture of the vehicle.

(3) 40If a person (“P”) has been arrested for an offence under section 24C
committed in Scotland, a senior officer or a constable may detain a
relevant vehicle.

(4) Subject to regulations under subsection (8) a vehicle detained under
subsection (3) must be released—

(a) 45when a decision is taken not to institute criminal proceedings
against P for the offence, or