(1) Regulations made by the Secretary of State or the Chancellor of the Duchy of
Lancaster under this Act are to be made by statutory instrument.

(2) A statutory instrument containing (whether alone or with other provision) any
35of the following regulations may not be made unless a draft of the instrument
has been laid before, and approved by a resolution of, each House of
Parliament—

(a) regulations under section 3 which amend or repeal primary legislation,

(b) regulations under section 6,

(c) 40regulations under section 11 which amend or repeal primary
legislation,

(d) regulations under section 14, 15 or 21,

(e) regulations under section 36(2),

(f) regulations under section 44(1) or (2),

(g) regulations under section 75(1) or (2),

(h) regulations under section 80(9),

(i) regulations under section 81(1),

(j) 5passport fees regulations within the meaning of section 88 which
include provision specifying functions as mentioned in subsection (1)
of that section,

(k) regulations under section 94(2) which amend or repeal primary
legislation,

(l) 10regulations under paragraph 1(13) of Schedule 6, and

(m) regulations under paragraph 2(7) of that Schedule.

(3) Primary legislation means any of the following—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(c) 15a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.

(4) A statutory instrument—

(a) containing any other regulations made by the Secretary of State or the
Chancellor of the Duchy of Lancaster under this Act, and

(b) 20to which subsection (2) does not apply,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) Subsection (4) does not apply to regulations under section 94(1) or 96(1).

(6) Regulations made by the Secretary of State or the Chancellor of the Duchy of
25Lancaster under this Act—

(a) may make different provision for different purposes or areas,

(b) may make provision which applies generally or for particular purposes
or areas,

(c) may make transitional, transitory or saving provision, or

(d) 30may make incidental, supplementary or consequential provision.

96 Commencement

(1) Subject to subsections (3) to (5) this Act comes into force on such day as the
Secretary of State appoints by regulations.

(2) Regulations under subsection (1) may appoint different days for different
35purposes or areas.

(3) Subsections (3) to (5) of section 63 come into force on the day on which this Act
is passed.

(4) Section 87 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

(5) 40This Part comes into force on the day on which this Act is passed.

97 Extent

(1) This Act extends to England and Wales, Scotland and Northern Ireland, subject
as follows.

(2) Sections 71 to 74 extend to England and Wales only.

(3) 5Any amendment, repeal or revocation made by this Act has the same extent
within the United Kingdom as the provision to which it relates.

(4) But subsection (3) does not apply to the amendments made to the Modern
Slavery Act 2015 by paragraphs 30 and 35 of Schedule 3 (for the extent of
which, see the amendments to section 60 of that Act made by paragraph 33 of
10that Schedule).

(5) Her Majesty may by Order in Council provide for any of the provisions of this
Act to extend, with or without modifications, to any of the Channel Islands or
the Isle of Man.

(6) A power under any provision listed in subsection (7) may be exercised so as to
15extend (with or without modifications) to any of the Channel Islands or the Isle
of Man any amendment or repeal made by or under this Act of any part of an
Act to which the provision listed in subsection (7) relates.

(7) Those provisions are—

(a) section 36 of the Immigration Act 1971,

(b) 20section 52(2) of the Civil Jurisdiction and Judgments Act 1982,

(c) section 9(3) of the Special Immigration Appeals Commission Act 1997,

(d) section 170(7) of the Immigration and Asylum Act 1999,

(e) section 163(4) of the Nationality, Immigration and Asylum Act 2002,

(f) section 49(3) of the Asylum and Immigration (Treatment of Claimants,
25etc) Act 2004,

(g) section 63(3) of the Immigration, Asylum and Nationality Act 2006,

(h) section 60(4) of the UK Borders Act 2007,

(i) section 76(6) of the Immigration Act 2014, and

(j) section 60(6) of the Modern Slavery Act 2015.

98 30Short title

This Act may be cited as the Immigration Act 2016.

SCHEDULES

Section 6

SCHEDULE 1 Persons to whom Director etc may disclose information

Authorities with functions in connection with the labour market or the work place etc

• 5The Secretary of State.

• HMRC Commissioners.

• A person by whom, or by whose officers, labour market enforcement
  functions are exercisable.

• The Health and Safety Executive.

• 10An enforcing authority within the meaning of Part 1 of the Health and
  Safety at Work etc. Act 1974 (see section 18(7) of that Act).

• An inspector appointed by such an enforcing authority (see section 19 of
  that Act).

• An enforcement authority within the meaning of regulation 28 of the
  15Working Time Regulations 1998 (S.I. 1998/1833S.I. 1998/1833).

• An inspector appointed by such an enforcement authority (see Schedule
  3 to those Regulations).

• The Low Pay Commission.

• The Pensions Regulator.

20Law enforcement and border security

• A chief officer of police for a police area in England and Wales.

• A local policing body within the meaning given by section 101(1) of the
  Police Act 1996.

• The chief constable of the British Transport Police Force.

• 25The chief constable of the Police Service of Scotland.

• The Chief Constable of the Police Service of Northern Ireland.

• A person appointed as an immigration officer under paragraph 1 of
  Schedule 2 to the Immigration Act 1971.

Local government

• 30A county or district council in England.

• A London borough council.

• The Greater London Authority.

• The Common Council of the City of London.

• The Council of the Isles of Scilly.

• 35A county or county borough council in Wales.

Immigration BillPage 78

• A council constituted under section 2 of the Local Government etc.
  (Scotland) Act 1994.

• A district council in Northern Ireland.

Health bodies

• 5The Care Quality Commission.

• A National Health Service trust established under section 25 of the
  National Health Service Act 2006 or section 18 of the National Health
  Service (Wales) Act 2006.

• An NHS foundation trust within the meaning given by section 30 of the
  10National Health Service Act 2006.

• A Local Health Board established under section 11 of the National Health
  Service (Wales) Act 2006.

Other

• The Independent Anti-slavery Commissioner.

• 15A Northern Ireland department.

Section 11

SCHEDULE 2 Functions in relation to labour market

Employment Agencies Act 1973 (c. 35)Employment Agencies Act 1973 (c. 35)

1 The Employment Agencies Act 1973 is amended as follows.

2 20Before section 9 insert—

“8A Appointment of officers

(1) The Secretary of State may—

(a) appoint officers to act for the purposes of this Act, and

(b) instead of or in addition to appointing any officers under this
25section, arrange with any relevant authority for officers of
that authority to act for those purposes.

(2) The following are relevant authorities—

(a) any Minister of the Crown or government department;

(b) any body performing functions on behalf of the Crown;

(c) 30the Gangmasters and Labour Abuse Authority.”

3 (1) Section 9 (inspection) is amended as follows.

(2) Before subsection (1) insert—

“(A1) This section does not apply to an officer acting for the purposes of
this Act in relation to England and Wales if the officer is a labour
35abuse prevention officer within the meaning of section 114B of the
Police and Criminal Evidence Act 1984 (PACE powers for labour
abuse prevention officers).”

(3) In subsection (1), for “duly authorised in that behalf by the Secretary of
State” substitute “acting for the purposes of this Act”.

(4) In subsection (4)(a), in each of sub-paragraphs (ii) and (iii), for “or servant
appointed by, or person exercising functions on behalf of, the Secretary of
5State” substitute “acting for the purposes of this Act,”.

National Minimum Wage Act 1998 (c. 39)National Minimum Wage Act 1998 (c. 39)

4 The National Minimum Wage Act 1998 is amended as follows.

5 In section 13 (appointment of officers for enforcement)—

(a) in subsection (1)(b), for the words from “Minister of the Crown” to
10“body shall” substitute “relevant authority for officers of that
authority to”;

(b) after subsection (1) insert—

“(1A) The following are relevant authorities—

(a) any Minister of the Crown or government
15department;

(b) any body performing functions on behalf of the
Crown;

(c) the Gangmasters and Labour Abuse Authority.”

6 In section 14 (powers of officers) before subsection (1) insert—

“(A1) 20This section does not apply to an officer acting for the purposes of
this Act in relation to England and Wales if the officer is a labour
abuse prevention officer within the meaning of section 114B of the
Police and Criminal Evidence Act 1984 (PACE powers for labour
abuse prevention officers).”

7 25In section 15 (information obtained by officers)—

(a) in subsection (3)(b), after “any” insert “eligible”;

(b) in subsection (4)(a), after “to any” insert “eligible”;

(c) in subsection (8), for the words from ““relevant” to “body which,”
substitute ““eligible relevant authority” means any relevant
30authority within the meaning given by section 13(1A) which”.

Modern Slavery Act 2015 (c.30)2015 (c.30)

8 The Modern Slavery Act 2015 is amended as follows.

9 Before section 12 (but after the italic heading before it) insert—

“11A Enforcement by Gangmasters and Labour Abuse Authority

(1) 35The Secretary of State may make arrangements with the
Gangmasters and Labour Abuse Authority for officers of the
Authority to act for the purposes of this Part in taking action in
circumstances in which it appears that an offence under this Part
which is a labour market offence (within the meaning of section 3 of
40the Immigration Act 2016) has been, is being or may be committed.

(2) For provision about the powers of such an officer who is acting for
the purposes of this Part, see section 114B of the Police and Criminal