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Immigration, Asylum and Nationality Bill


Immigration, Asylum and Nationality Bill

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(b)   

shall come into force in accordance with provision made by order of the

Secretary of State.

(3)   

The Secretary of State shall from time to time review the code and may revise

and re-issue it following a review; and a reference in this section to the code

includes a reference to the code as revised.

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16      

Orders

An order of the Secretary of State under section 11, 12 or 15

(a)   

may make provision which applies generally or only in specified

circumstances,

(b)   

may make different provision for different circumstances,

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(c)   

may include transitional or incidental provision,

(d)   

shall be made by statutory instrument, and

(e)   

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.

17      

Offence

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(1)   

A person commits an offence if he employs another (“the employee”) knowing

that the employee is an adult subject to immigration control and that—

(a)   

he has not been granted leave to enter or remain in the United

Kingdom, or

(b)   

his leave to enter or remain in the United Kingdom—

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(i)   

is invalid,

(ii)   

has expired, or

(iii)   

is subject to a condition preventing him from accepting the

employment.

(2)   

A person guilty of an offence under this section shall be liable—

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(a)   

on conviction on indictment—

(i)   

to imprisonment for a term not exceeding two years,

(ii)   

to a fine, or

(iii)   

to both, or

(b)   

on summary conviction—

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(i)   

to imprisonment for a term not exceeding 12 months in England

and Wales or 6 months in Scotland or Northern Ireland,

(ii)   

to a fine not exceeding the statutory maximum, or

(iii)   

to both.

(3)   

An offence under this section shall be treated as—

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(a)   

a relevant offence for the purpose of sections 28B and 28D of the

Immigration Act 1971 (c. 77) (search, entry and arrest), and

(b)   

an offence under Part III of that Act (criminal proceedings) for the

purposes of sections 28E, 28G and 28H (search after arrest).

(4)   

In relation to a conviction occurring before the commencement of section

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154(1) of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates’

powers to imprison) the reference to 12 months in subsection (2)(b)(i) shall be

taken as a reference to 6 months.

 
 

Immigration, Asylum and Nationality Bill

9

 

18      

Offence: bodies corporate, &c.

(1)   

For the purposes of section 17(1) a body (whether corporate or not) shall be

treated as knowing a fact about an employee if a person who has responsibility

within the body for an aspect of the employment knows the fact.

(2)   

If an offence under section 17(1) is committed by a body corporate with the

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consent or connivance of an officer of the body, the officer, as well as the body,

shall be treated as having committed the offence.

(3)   

In subsection (2) a reference to an officer of a body includes a reference to—

(a)   

a director, manager or secretary,

(b)   

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

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(c)   

if the affairs of the body are managed by its members, a member.

(4)   

Where an offence under section 17(1) is committed by a partnership (whether

or not a limited partnership) subsection (2) above shall have effect, but as if a

reference to an officer of the body were a reference to—

(a)   

a partner, and

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(b)   

a person purporting to act as a partner.

19      

Discrimination: code of practice

(1)   

The Secretary of State shall issue a code of practice specifying what an

employer should or should not do in order to ensure that, while avoiding

liability to a penalty under section 11 and while avoiding the commission of an

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offence under section 17, he also avoids contravening—

(a)   

the Race Relations Act 1976 (c. 74), or

(b)   

the Race Relations (Northern Ireland) Order 1997 (S.I. 869 (N.I. 6)).

(2)   

Before issuing the code the Secretary of State shall—

(a)   

consult—

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(i)   

the Commission for Racial Equality,

(ii)   

the Equality Commission for Northern Ireland,

(iii)   

such bodies representing employers as he thinks appropriate,

and

(iv)   

such bodies representing workers as he thinks appropriate,

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(b)   

publish a draft code (after that consultation),

(c)   

consider any representations made about the published draft, and

(d)   

lay a draft code before Parliament (after considering representations

under paragraph (c) and with or without modifications to reflect the

representations).

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(3)   

The code shall come into force in accordance with provision made by order of

the Secretary of State; and an order—

(a)   

may include transitional provision,

(b)   

shall be made by statutory instrument, and

(c)   

shall be subject to annulment in pursuance of a resolution of either

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House of Parliament.

(4)   

A breach of the code—

(a)   

shall not make a person liable to civil or criminal proceedings, but

(b)   

may be taken into account by a court or tribunal.

 
 

Immigration, Asylum and Nationality Bill

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(5)   

The Secretary of State shall from time to time review the code and may revise

and re-issue it following a review; and a reference in this section to the code

includes a reference to the code as revised.

20      

Temporary admission, &c.

Where a person is at large in the United Kingdom by virtue of paragraph 21(1)

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of Schedule 2 to the Immigration Act 1971 (c. 77) (temporary admission or

release from detention)—

(a)   

he shall be treated for the purposes of sections 11(1) and 17(1) as if he

had been granted leave to enter the United Kingdom, and

(b)   

any restriction as to employment imposed under paragraph 21(2) shall

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be treated for those purposes as a condition of leave.

21      

Interpretation

In sections 11 to 20

(a)   

“adult” means a person who has attained the age of 16,

(b)   

a reference to employment is to employment under a contract of service

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or apprenticeship, whether express or implied and whether oral or

written,

(c)   

a person is subject to immigration control if under the Immigration Act

1971 he requires leave to enter or remain in the United Kingdom, and

(d)   

“prescribed” means prescribed by order of the Secretary of State.

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22      

Repeal

Sections 8 and 8A of the Asylum and Immigration Act 1996 (c. 49) (restrictions

on employment) shall cease to have effect.

Information

23      

Documents produced or found

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(1)   

For paragraph 4(4) of Schedule 2 to the Immigration Act 1971 (control on entry:

documents) substitute—

    “(4)  

Where a passport or other document is produced or found in

accordance with this paragraph an immigration officer may examine

it and detain it—

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(a)   

for the purpose of examining it, for a period not exceeding 7

days;

(b)   

for any purpose, until the person to whom the document

relates is given leave to enter the United Kingdom or is about

to depart or be removed following refusal of leave or until it

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is decided that the person does not require leave to enter;

(c)   

after a time described in paragraph (b), while the

immigration officer thinks that the document may be

required in connection with proceedings in respect of an

appeal under the Immigration Acts or in respect of an

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offence.

 
 

Immigration, Asylum and Nationality Bill

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      (5)  

For the purpose of ascertaining that a passport or other document

produced or found in accordance with this paragraph relates to a

person examined under paragraph 2, 2A or 3 above, the person

carrying out the examination may require the person being

examined to provide information (whether or not by submitting to a

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process by means of which information is obtained or recorded)

about his external physical characteristics (which may include, in

particular, fingerprints or features of the iris or any other part of the

eye).”

(2)   

Paragraph 4(2A) of that Schedule shall cease to have effect.

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24      

Attendance for fingerprinting

For section 142(2) of the Immigration and Asylum Act 1999 (c. 33) (attendance

for fingerprinting: timing) substitute—

“(2)   

In the case of a notice given to a person of a kind specified in section

141(7)(a) to (d) or (f) (in so far as it applies to a dependant of a person

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of a kind specified in section 141(7)(a) to (d)), the notice—

(a)   

must require him to attend during a specified period of at least

seven days beginning with a day not less than seven days after

the date given in the notice as its date of issue, and

(b)   

may require him to attend at a specified time of day or during

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specified hours.

(2A)   

In the case of a notice given to a person of a kind specified in section

141(7)(e) or (f) (in so far as it applies to a dependant of a person of a kind

specified in section 141(7)(e)), the notice—

(a)   

may require him to attend during a specified period beginning

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with a day not less than three days after the date given in the

notice as its date of issue,

(b)   

may require him to attend on a specified day not less than three

days after the date given in the notice as its date of issue, and

(c)   

may require him to attend at a specified time of day or during

30

specified hours.”

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Proof of right of abode

For section 3(9) of the Immigration Act 1971 (c. 77) (proof of right of abode)

substitute—

“(9)   

A person seeking to enter the United Kingdom and claiming to have the

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right of abode there shall prove it by means of—

(a)   

a United Kingdom passport describing him as a British citizen,

(b)   

a United Kingdom passport describing him as a British subject

with the right of abode in the United Kingdom,

(c)   

an ID card issued under the Identity Cards Act 2006 describing

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him as a British citizen,

(d)   

an ID card issued under that Act describing him as a British

subject with the right of abode in the United Kingdom, or

(e)   

a certificate of entitlement.”

 
 

 
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Revised 22 June 2005