|
| |
| |
(b) | shall come into force in accordance with provision made by order of the |
| |
| |
(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. |
| 5 |
| |
An order of the Secretary of State under section 11, 12 or 15— |
| |
(a) | may make provision which applies generally or only in specified |
| |
| |
(b) | may make different provision for different circumstances, |
| 10 |
(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 |
| |
| |
| 15 |
(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 |
| |
| |
(b) | his leave to enter or remain in the United Kingdom— |
| 20 |
| |
| |
(iii) | is subject to a condition preventing him from accepting the |
| |
| |
(2) | A person guilty of an offence under this section shall be liable— |
| 25 |
(a) | on conviction on indictment— |
| |
(i) | to imprisonment for a term not exceeding two years, |
| |
| |
| |
(b) | on summary conviction— |
| 30 |
(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 |
| |
| |
(3) | An offence under this section shall be treated as— |
| 35 |
(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 |
| 40 |
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. |
| |
| |
| |
|
| |
| |
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 |
| 5 |
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 |
| 10 |
(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— |
| |
| 15 |
(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 |
| 20 |
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— |
| |
| 25 |
(i) | the Commission for Racial Equality, |
| |
(ii) | the Equality Commission for Northern Ireland, |
| |
(iii) | such bodies representing employers as he thinks appropriate, |
| |
| |
(iv) | such bodies representing workers as he thinks appropriate, |
| 30 |
(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 |
| |
| 35 |
(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 |
| 40 |
| |
(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. |
| |
| |
| |
|
| |
| |
(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) |
| 5 |
of Schedule 2 to the Immigration Act 1971 (c. 77) (temporary admission or |
| |
| |
(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 |
| 10 |
be treated for those purposes as a condition of leave. |
| |
| |
| |
(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 |
| 15 |
or apprenticeship, whether express or implied and whether oral or |
| |
| |
(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. |
| 20 |
| |
Sections 8 and 8A of the Asylum and Immigration Act 1996 (c. 49) (restrictions |
| |
on employment) shall cease to have effect. |
| |
| |
23 | Documents produced or found |
| 25 |
(1) | For paragraph 4(4) of Schedule 2 to the Immigration Act 1971 (control on entry: |
| |
| |
“(4) | Where a passport or other document is produced or found in |
| |
accordance with this paragraph an immigration officer may examine |
| |
| 30 |
(a) | for the purpose of examining it, for a period not exceeding 7 |
| |
| |
(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 |
| 35 |
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 |
| 40 |
| |
| |
| |
|
| |
| |
(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 |
| 5 |
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 |
| |
| |
(2) | Paragraph 4(2A) of that Schedule shall cease to have effect. |
| 10 |
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 |
| 15 |
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 |
| 20 |
| |
(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 |
| 25 |
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 |
| |
25 | Proof of right of abode |
| |
For section 3(9) of the Immigration Act 1971 (c. 77) (proof of right of abode) |
| |
| |
“(9) | A person seeking to enter the United Kingdom and claiming to have the |
| 35 |
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 |
| 40 |
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.” |
| |
| |
| |
|
