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http://www.legislation.gov.uk/ukpga/2016/19Immigration Act 2016An Act to make provision about the law on immigration and asylum; to make provision about access to services, facilities, licences and work by reference to immigration status; to make provision about the enforcement of certain legislation relating to the labour market; to make provision about language requirements for public sector workers; to make provision about fees for passports and civil registration; and for connected purposes.texttext/xmlenStatute Law Database2024-05-21Expert Participation2024-04-25 Immigration Act 2016s. 61(3)-(5)Immigration Act 2016s. 61(6)Immigration Act 2016Sch. 10 para. 8The Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2017reg. 2(c)Sch.Immigration Act 2016specified provision(s)The Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) (Amendment) Regulations 2018reg. 2Immigration Act 2016s. 60(8)Illegal Migration Act 2023s. 11(11)s. 55(9)s. 68(1)Immigration Act 2016Sch. 10 para. 1(1)(a)Illegal Migration Act 2023s. 13(2)(a)s. 55(9)s. 68(1)Immigration Act 2016Sch. 10 para. 1(3)(a)Illegal Migration Act 2023s. 13(2)(b)s. 55(9)s. 68(1)Immigration Act 2016Sch. 10 para. 1(9)Illegal Migration Act 2023s. 13(2)(c)s. 55(9)s. 68(1)Immigration Act 2016Sch. 10 para. 3(2)(eza)Illegal Migration Act 2023s. 13(3)(a)s. 55(9)s. 68(1)Immigration Act 2016Sch. 10 para. 3(3A)-(3C)Illegal Migration Act 2023s. 13(3)(b)s. 55(9)s. 68(1)Immigration Act 2016Sch. 10 para. 3A and cross-headingIllegal Migration Act 2023s. 13(4)s. 55(9)s. 68(1)Immigration Act 2016s. 69(9)(b)Illegal Migration Act 2023s. 21(2)(a)s. 55(9)s. 68(1)Immigration Act 2016s. 69(9)(d) and wordIllegal Migration Act 2023s. 21(2)(b)s. 55(9)s. 68(1)Immigration Act 2016s. 69(10)Illegal Migration Act 2023s. 21(3)s. 55(9)s. 68(1) Immigration Act 20162016 c. 19An Act to make provision about the law on immigration and asylum; to make provision about access to services, facilities, licences and work by reference to immigration status; to make provision about the enforcement of certain legislation relating to the labour market; to make provision about language requirements for public sector workers; to make provision about fees for passports and civil registration; and for connected purposes.[12th May 2016]Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 Labour market and illegal workingCHAPTER 1Labour market<Emphasis>Director of Labour Market Enforcement</Emphasis>Director of Labour Market Enforcement11The Secretary of State must appoint a person as the Director of Labour Market Enforcement (referred to in this Chapter as “the Director”).2The Director is to hold office in accordance with the terms of his or her appointment.3The functions of the Director are exercisable on behalf of the Crown.4The Secretary of State must provide the Director with such staff, goods, services, accommodation and other resources as the Secretary of State considers the Director needs for the exercise of his or her functions.5The Secretary of State must—apay the Director such expenses, remuneration and allowances, andbpay or make provision for the payment of such pension to or in respect of the Director,as may be provided for by or under the terms of the Director's appointment.Labour market enforcement strategy21The Director must before the beginning of each financial year prepare a labour market enforcement strategy for that year and submit it to the Secretary of State for approval.2A labour market enforcement strategy (referred to in this Chapter as a “strategy”) is a document which—asets out the Director's assessment of—ithe scale and nature of non-compliance in the labour market during the year before the one to which the strategy relates, andiithe likely scale and nature of such non-compliance during the year to which the strategy relates and the following two years,bcontains a proposal for the year to which the strategy relates setting out—ihow labour market enforcement functions should be exercised,iithe education, training and research activities the Secretary of State, and any other person by whom, or by whose officers, labour market enforcement functions are exercisable, should undertake or facilitate in connection with those functions,iiithe information, or descriptions of information, that should be provided to the Director for the purposes of his or her functions by any person by whom, or by whose officers, labour market enforcement functions are exercisable, andivthe form and manner in which, and frequency with which, that information should be provided,csets out the activities the Director proposes to undertake during the year to which the strategy relates in the exercise of his or her functions under section 8, andddeals with such other matters as the Director considers appropriate.3The proposal mentioned in paragraph (b) of subsection (2) must, in particular, set out how the funding available for the purposes of the functions and activities mentioned in sub-paragraphs (i) and (ii) of that paragraph should be allocated.4The Director may at any time prepare a revised strategy and submit it to the Secretary of State for approval.5The Secretary of State may approve a strategy either with or without modifications (but a modification may not relate to the assessment described in paragraph (a) of subsection (2)).6Any person by whom labour market enforcement functions are exercisable during a year to which a strategy approved under this section relates must, in exercising those functions, have regard to the strategy.Non-compliance in the labour market <Abbreviation Expansion="Et cetera" xml:lang="la">etc</Abbreviation>: interpretation31For the purposes of this Chapter each of the following constitutes “non-compliance in the labour market”—athe commission of a labour market offence;bfailure to comply with the requirement under section 1 of the National Minimum Wage Act 1998 (workers to be paid at least national minimum wage);cfailure to pay any financial penalty required to be paid by a notice of underpayment served under section 19 of that Act (see section 19A of that Act);dbreach of a condition of a licence granted under section 7 of the Gangmasters (Licensing) Act 2004;efailure to comply with any other requirement imposed by or under any enactment and which is prescribed by regulations made by the Secretary of State.2In this Chapter “labour market enforcement functions” means—aany function of the Secretary of State in connection with prohibition orders made under section 3A of the Employment Agencies Act 1973,bany function of an officer acting for the purposes of that Act (see section 8A of that Act),cany function of an officer acting for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act),dany function of the Gangmasters and Labour Abuse Authority conferred by section 1(2)(a) to (c) of the Gangmasters (Licensing) Act 2004,eany function of an enforcement officer or a compliance officer acting for the purposes of that Act (see section 15 of that Act),fany function of the Gangmasters and Labour Abuse Authority under Part 2 of the Modern Slavery Act 2015 (slavery and trafficking prevention orders etc),gany function of an officer of that Authority acting for the purposes of Part 1 or 2 of that Act (see sections 11A and 30A of that Act),hany function of an enforcing authority under this Chapter,iany function an officer has by virtue of section 26, andjany other function prescribed by regulations made by the Secretary of State.3In this section “labour market offence” means—aan offence under the Employment Agencies Act 1973 other than one under section 9(4)(b) of that Act;ban offence under the National Minimum Wage Act 1998;can offence under the Gangmasters (Licensing) Act 2004;dan offence under section 1 of the Modern Slavery Act 2015;ean offence under section 2 or 4 of that Act—iwhich is committed in relation to a worker or a person seeking work, oriiwhich is otherwise committed in circumstances where subsection (2) of section 3 of that Act applies;fan offence under section 30(1) or (2) of that Act which is committed in relation to—ian order which was made on the application of the Gangmasters and Labour Abuse Authority, oriian order which was made under section 14 of that Act and which falls within subsection (4) below;gan offence under section 27;hany other offence prescribed by regulations made by the Secretary of State;ian offence of attempting or conspiring to commit an offence mentioned in paragraphs (a) to (h);jan offence under Part 2 of the Serious Crime Act 2007 in relation to an offence so mentioned;kan offence of inciting a person to commit an offence so mentioned;lan offence of aiding, abetting, counselling or procuring the commission of an offence so mentioned.4An order made under section 14 of the Modern Slavery Act 2015 falls within this subsection if—athe order was made following—ithe conviction of the defendant of an offence mentioned in subsection (3)(d), (e) or (i) to (l), oriia finding of a kind mentioned in section 14(1)(b) or (c) of that Act in connection with any such offence, andbthe prosecution resulted from an investigation conducted by a labour abuse prevention officer (within the meaning of section 114B of the Police and Criminal Evidence Act 1984).5In this section “worker” has the same meaning as in the Employment Rights Act 1996 (see section 230 of that Act) and the reference to a person seeking work is to be read accordingly.6In this section references to the Gangmasters (Licensing) Act 2004 are references to that Act only so far as it applies in relation to England and Wales and Scotland.Annual and other reports41As soon as reasonably practicable after the end of each financial year in respect of which the Secretary of State has approved a strategy under section 2, the Director must submit to the Secretary of State an annual report for that year.2An annual report must include—aan assessment of the extent to which labour market enforcement functions were exercised, and activities of the kind mentioned in section 2(2)(b)(ii) were carried out, in accordance with the strategy during the year to which the report relates,ban assessment of the extent to which the strategy had an effect on the scale and nature of non-compliance in the labour market during that year, andca statement of the activities the Director undertook during that year in the exercise of his or her functions under section 8.3The Director must submit to the Secretary of State a report dealing with any matter—awhich the Secretary of State has requested the Director to report on, orbwhich a strategy approved by the Secretary of State under section 2 states is a matter the Director proposes to report on,and must do so as soon as reasonably practicable after the request is made or the strategy is approved.Publication of strategy and reports51The Secretary of State must lay before Parliament—aany strategy the Secretary of State approves under section 2, andbany annual or other report the Secretary of State receives under section 4,and must do so as soon as reasonably practicable after approving the strategy or receiving the report.2A document laid under subsection (1) must not contain material removed under subsection (3).3The Secretary of State may remove from a document to be laid under subsection (1) any material the publication of which the Secretary of State considers—awould be against the interests of national security,bmight jeopardise the safety of any person in the United Kingdom, orcmight prejudice the investigation or prosecution of an offence under the law of England and Wales, Scotland or Northern Ireland.Information gateways61A person may disclose information to the Director or a relevant staff member if the disclosure is made for the purposes of the exercise of any function of the Director.2Information obtained by the Director or a relevant staff member in connection with the exercise of any function of the Director may be used by the Director or a relevant staff member in connection with the exercise of any other function of the Director.3The Director or a relevant staff member may disclose information obtained in connection with the exercise of any function of the Director to a specified person if the disclosure is made for the purposes of the exercise of any function of the specified person.4“Specified person” means a person specified in Schedule 1 (persons to whom Director etc may disclose information).5The Secretary of State may by regulations amend Schedule 1.6In this section, “relevant staff member” means a member of staff provided to the Director under section 1(4).Information gateways: supplementary71A disclosure of information which is authorised by section 6 does not breach—aan obligation of confidence owed by the person making the disclosure, orbany other restriction on the disclosure of information (however imposed).2But nothing in section 6 authorises the making of a disclosure which—acontravenes the data protection legislation, orbis prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.3Section 6 does not limit the circumstances in which information may be disclosed apart from that section.4Section 6(1) does not authorise a person serving in an intelligence service to disclose information to the Director or a relevant staff member.But this does not affect the disclosures which such a person may make in accordance with intelligence service disclosure arrangements.5Intelligence service information may not be disclosed by the Director or a relevant staff member without authorisation from the appropriate service chief.6If the Director or a relevant staff member has disclosed intelligence service information to a person, that person may not further disclose that information without authorisation from the appropriate service chief.7HMRC information may not be disclosed by the Director or a relevant staff member without authorisation from HMRC Commissioners.8If the Director or a relevant staff member has disclosed HMRC information to a person, that person may not further disclose that information without authorisation from HMRC Commissioners.9Subsections (7) and (8) do not apply to national minimum wage information.10If a person contravenes subsection (7) or (8) by disclosing revenue and customs information relating to a person whose identity—ais specified in the disclosure, orbcan be deduced from it,section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.11In this section—“appropriate service chief” means—the Director-General of the Security Service (in the case of information obtained by the Director or a relevant staff member from that Service or a person acting on its behalf);the Chief of the Secret Intelligence Service (in the case of information so obtained from that Service or a person acting on its behalf);the Director of GCHQ (in the case of information so obtained from GCHQ or a person acting on its behalf); “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); “GCHQ” has the same meaning as in the Intelligence Services Act 1994;“HMRC information” means information disclosed to the Director or a relevant staff member under section 6 by HMRC Commissioners or a person acting on behalf of HMRC Commissioners;“intelligence service” means—the Security Service;the Secret Intelligence Service;GCHQ;“intelligence service disclosure arrangements” means—arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service,arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service, andarrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ;“intelligence service information” means information obtained from an intelligence service or a person acting on behalf of an intelligence service;“national minimum wage information” means information obtained by an officer in the course of acting—for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act), orby virtue of section 26(2);“relevant staff member” has the same meaning as in section 6;“revenue and customs information relating to a person” has the meaning given in section 19(2) of the Commissioners for Revenue and Customs Act 2005.Information hub81The Director must gather, store, process, analyse and disseminate information relating to non-compliance in the labour market.2The Director may request any person by whom, or by whose officers, labour market enforcement functions are exercisable to provide the Director with any non-compliance information specified or of a description specified in the request.3“Non-compliance information” means information relating to non-compliance in the labour market which the Director considers would facilitate the exercise of any of his or her functions.4A person by whom, or by whose officers, labour market enforcement functions are exercisable may request the Director to provide the person, or an officer of the person, with any enforcement information specified or of a description specified in the request.5“Enforcement information” means information which the person making the request considers would facilitate the exercise of any labour market enforcement function of the person or of an officer of the person.6A person who receives a request under this section must respond to it in writing within a reasonable period.Restriction on exercising functions in relation to individual cases91The Director must not in exercising any function make any recommendation in relation to an individual case.2Subsection (1) does not prevent the Director considering individual cases and drawing conclusions about them for the purpose of, or in the context of, considering a general issue.<Emphasis>Gangmasters and Labour Abuse Authority</Emphasis>Renaming of Gangmasters Licensing Authority101The Gangmasters Licensing Authority is renamed the Gangmasters and Labour Abuse Authority.2In any enactment passed before the day on which this section comes into force, and in any instrument or other document made before that day, references to the Gangmasters Licensing Authority are to be read, in relation to any time on or after that day, as references to the Gangmasters and Labour Abuse Authority.Functions in relation to labour market111Schedule 2 (functions in relation to labour market) has effect.2The Secretary of State may by regulations confer other functions on the Gangmasters and Labour Abuse Authority or its officers.<Acronym Expansion="Police and Criminal Evidence Act">PACE</Acronym> powers in England and Wales for labour abuse prevention officers121After section 114A of the Police and Criminal Evidence Act 1984 insert—Application of Act to labour abuse prevention officers114B1The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of labour market offences conducted by labour abuse prevention officers.2The regulations may apply provisions of this Act with any modifications specified in the regulations.3In this section “labour abuse prevention officer” means an officer of the Gangmasters and Labour Abuse Authority who—afalls within subsection (4), andbis authorised (whether generally or specifically) by the Secretary of State for the purposes of this section.4An officer of the Gangmasters and Labour Abuse Authority falls within this subsection if he or she is—aacting for the purposes of the Employment Agencies Act 1973 (see section 8A of that Act),bacting for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act),cacting for the purposes of the Gangmasters (Licensing) Act 2004 as an enforcement officer within the meaning of section 15 of that Act,dacting for the purposes of Part 1 or 2 of the Modern Slavery Act 2015 (see sections 11A and 30A of that Act), oreacting for any other purpose prescribed in regulations made by the Secretary of State.5The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section.6Regulations under this section are to be made by statutory instrument.7Regulations under this section may make—adifferent provision for different purposes;bprovision which applies generally or for particular purposes;cincidental, supplementary, consequential, transitional or transitory provision or savings.8Regulations under subsection (4)(e) may, in particular, make such provision amending, repealing or revoking any enactment as the Secretary of State considers appropriate in consequence of any provision made by the regulations.9A statutory instrument containing regulations under subsection (4)(e) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.10Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.11In this section—“enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;“labour market offence” has the meaning given in section 3 of the Immigration Act 2016.2In section 18 of the Gangmasters (Licensing) Act 2004 (obstruction of officers), in subsection (1)(a), after “this Act” insert “ or functions conferred by virtue of section 114B of the Police and Criminal Evidence Act 1984 (application of that Act to Authority officers) ”.Relationship with other agencies: requests for assistance131The Gangmasters (Licensing) Act 2004 is amended as follows.2Before section 23 (but after the italic heading before it) insert—Relationship with other agencies: requests for assistance22A1The Authority may request any of the following to provide assistance to the Authority or any of its officers—aa chief officer of police for a police area in England and Wales;bthe Director General of the National Crime Agency;ca person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;dany other person prescribed or of a prescribed description.2The Authority may make a request under subsection (1) only if it considers that the assistance would facilitate the exercise of any function by the Authority or any of its officers.3Any of the following persons may request the Authority to provide assistance to the person—aa chief officer of police for a police area in England and Wales;ba person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;cany other person prescribed or of a prescribed description.4A person may make a request under subsection (3) only if the person considers that the assistance would facilitate the exercise by the person of any function.5A request under this section must—aset out what assistance is being requested, andbexplain how the assistance would facilitate the exercise of the function.6A person who receives a request under this section must respond to it in writing within a reasonable period.7Regulations under this section must not make provision which would be—awithin the legislative competence of the Scottish Parliament if contained in an Act of that Parliament,bwithin the legislative competence of the National Assembly for Wales if contained in an Act of that Assembly, orcwithin 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.3In section 25 (regulations, rules and orders), in subsection (5)—aomit the “or” at the end of paragraph (a);bat the end insert, or csection 22A(1)(d) or (3)(c) (regulations regarding persons whom the Authority may request to provide assistance and who may request assistance from Authority).<Emphasis>Labour market enforcement undertakings</Emphasis>Power to request LME undertaking141This section applies where an enforcing authority believes that a person has committed, or is committing, a trigger offence.2An enforcing authority may give a notice to the person—aidentifying the trigger offence which the authority believes has been or is being committed;bgiving the authority's reasons for the belief;cinviting the person to give the authority a labour market enforcement undertaking in the form attached to the notice.3A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking (as to which see section 15).4“Trigger offence” means—aan offence under the Employment Agencies Act 1973 other than one under section 9(4)(b) of that Act;ban offence under the National Minimum Wage Act 1998;can offence under the Gangmasters (Licensing) Act 2004;dany other offence prescribed by regulations made by the Secretary of State;ean offence of attempting or conspiring to commit an offence mentioned in paragraphs (a) to (d);fan offence under Part 2 of the Serious Crime Act 2007 in relation to an offence so mentioned;gan offence of inciting a person to commit an offence so mentioned;han offence of aiding, abetting, counselling or procuring the commission of an offence so mentioned.5“Enforcing authority”—ain relation to a trigger offence under the Employment Agencies Act 1973, means the Secretary of State or any authority whose officers are acting for the purposes of that Act (see section 8A of that Act);bin relation to a trigger offence under the National Minimum Wage Act 1998, means the Secretary of State or any authority whose officers are acting for the purposes of that Act (see section 13 of that Act);cin relation to a trigger offence under the Gangmasters (Licensing) Act 2004, means the Secretary of State or any authority whose officers are acting as enforcement officers for the purposes of that Act (see section 15 of that Act);din relation to an offence which is a trigger offence by virtue of subsection (4)(d) (including an offence mentioned in subsection (4)(e) to (h) in connection with such an offence), has the meaning prescribed in regulations made by the Secretary of State.6In subsection (5), a reference to an offence under an Act includes a reference to an offence mentioned in subsection (4)(e) to (h) in connection with such an offence.7In this section references to the Gangmasters (Licensing) Act 2004 are references to that Act only so far as it applies in relation to England and Wales and Scotland.Measures in LME undertakings151An LME undertaking may include a prohibition, restriction or requirement (each a “measure”) if, and only if—athe measure falls within subsection (2) or (3) (or both), andbthe enforcing authority considers that the measure is just and reasonable.2A measure falls within this subsection if it is for the purpose of—apreventing or reducing the risk of the subject not complying with any requirement imposed by or under the relevant enactment, orbbringing to the attention of persons likely to be interested in the matter—ithe existence of the LME undertaking,iithe circumstances in which it was given, andiiiany action taken (or not taken) by the subject in order to comply with the undertaking.3A measure falls within this subsection if it is prescribed, or is of a description prescribed, in regulations made by the Secretary of State.4The enforcing authority must not—ainvite the subject to give an LME undertaking, orbagree to the form of an undertaking,unless the authority believes that at least one measure in the undertaking is necessary for the purpose mentioned in subsection (5).5That purpose is preventing or reducing the risk of the subject—acommitting a further trigger offence under the relevant enactment, orbcontinuing to commit the trigger offence.6An LME undertaking must set out how each measure included for the purpose mentioned in subsection (2)(a) is expected to achieve that purpose.7In this section, the “relevant enactment” means the enactment under which the enforcing authority believes the trigger offence concerned has been or is being committed.Duration161An LME undertaking has effect from when it is accepted by the enforcing authority or from the later time specified in it for this purpose.2An LME undertaking has effect for the period specified in it but the maximum period for which an undertaking may have effect is 2 years.3The enforcing authority may release the subject from an LME undertaking.4The enforcing authority must release the subject from an LME undertaking if at any time during the period for which it has effect the authority believes that no measure in it is necessary for the purpose mentioned in section 15(5).5If the enforcing authority releases the subject from an LME undertaking it must take such steps as it considers appropriate to bring that fact to the attention of—athe subject;bany other persons likely to be interested in the matter.Further provision about giving notice under section 14171A notice may be given under section 14 to a person by—adelivering it to the person,bleaving it at the person's proper address,csending it by post to the person at that address, ordsubject to subsection (6), sending it to the person by electronic means.2A notice to a body corporate may be given to any officer of that body.3A notice to a partnership may be given to any partner.4A notice to an unincorporated association (other than a partnership) may be given to any member of the governing body of the association.5For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person's last known address (whether of the person's residence or of a place where the person carries on business or is employed) and also—ain the case of a body corporate or an officer of the body, the address of the body's registered or principal office in the United Kingdom;bin the case of a partnership or a partner, the address of the principal office of the partnership in the United Kingdom;cin the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom.6A notice may be sent to a person by electronic means only if—athe person has indicated that notices under section 14 may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose, andbthe notice is sent to that address in that form.7A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.8In this section—“electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means;“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.<Emphasis>Labour market enforcement orders</Emphasis>Power to make LME order on application181The appropriate court may, on an application by an enforcing authority under section 19, make a labour market enforcement order against a person if the court—ais satisfied, on the balance of probabilities, that the person has committed, or is committing, a trigger offence, andbconsiders that it is just and reasonable to make the order.2A labour market enforcement order (an “LME order”) is an order which—aprohibits or restricts the person against whom it is made (“the respondent”) from doing anything set out in the order;brequires the respondent to do anything set out in the order.See section 21.3In this section “the appropriate court”—awhere the conduct constituting the trigger offence took or is taking place primarily in England and Wales, means a magistrates' court;bwhere that conduct took or is taking place primarily in Scotland, means the sheriff;cwhere that conduct took or is taking place primarily in Northern Ireland, means a court of summary jurisdiction.4An application for an LME order under this section is—ain England and Wales, to be made by complaint;bin Northern Ireland, to be made by complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).Applications191An enforcing authority may apply for an LME order to be made under section 18 against a person (the “proposed respondent”) if—athe authority has served a notice on the proposed respondent under section 14, andbthe proposed respondent—irefuses to give an LME undertaking, oriiotherwise fails, before the end of the negotiation period, to give an LME undertaking in the form attached to the notice or in such other form as may be agreed with the enforcing authority.2An enforcing authority may also apply for an LME order if the proposed respondent—ahas given an LME undertaking to the enforcing authority, andbhas failed to comply with the undertaking.3In subsection (1) “the negotiation period” means—athe period of 14 days beginning with the day after that on which the notice mentioned in paragraph (a) of that subsection was given, orbsuch longer period as may be agreed between the enforcing authority and the proposed respondent.Power to make LME order on conviction201This section applies where a court deals with a person in respect of a conviction for a trigger offence.2The court may make an LME order against the person if the court considers it is just and reasonable to do so.3An LME order must not be made under this section except—ain addition to a sentence imposed in respect of the offence concerned, orbin addition to an order discharging the person conditionally or, in Scotland, discharging the person absolutely.Measures in LME orders211An LME order may include a prohibition, restriction or requirement (each a “measure”) if, and only if, the measure falls within subsection (2) or (3) (or both).2A measure falls within this subsection if it is for the purpose of—apreventing or reducing the risk of the respondent not complying with any requirement imposed by or under the relevant enactment, orbbringing to the attention of persons likely to be interested in the matter—ithe existence of the LME order,iithe circumstances in which it was made, andiiiany action taken (or not taken) by the respondent in order to comply with the order.3A measure falls within this subsection if it is prescribed, or is of a description prescribed, in regulations made by the Secretary of State.4Where an LME order includes a measure for the purpose mentioned in subsection (2)(a), the order must set out how the measure is expected to achieve that purpose.5In this section the “relevant enactment” means the enactment under which the trigger offence concerned has been or is being committed.Further provision about LME orders221An LME order has effect for the period specified in it but the maximum period for which an order may have effect is 2 years.2An LME order may not be made against an individual who is under 18.3If a court makes an LME order, the court may also—arelease the respondent from any LME undertaking given in relation to the trigger offence concerned;bdischarge any other LME order which is in force against the respondent and which was made by the court or any other court in the same part of the United Kingdom as the court.Variation and discharge231The appropriate court may by order vary or discharge an LME order—aon the application of the respondent;bif the order was made under section 18, on the application of the enforcing authority who applied for the order;cif the order was made under section 20, on the application of the enforcing authority whose officer conducted the investigation which resulted in the prosecution of the respondent for the trigger offence.2In this section “the appropriate court”—ain relation to an LME order made in England and Wales (whether made under section 18 or 20), means a magistrates' court;bin relation to such an order made in Scotland, means the sheriff;cin relation to such an order made in Northern Ireland, means a court of summary jurisdiction.3An application for an order under this section is—aif made to a magistrates' court in England and Wales, to be made by complaint;bif made to a court of summary jurisdiction in Northern Ireland, to be made by complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).Appeals241A respondent may appeal against—athe making of an LME order under section 18;bthe making of, or refusal to make, an order under section 23.2An appeal under subsection (1) is to be made—awhere the order was made or refused by a magistrates' court in England and Wales, to the Crown Court;bwhere the order was made or refused by the sheriff, to the Sheriff Appeal Court;cwhere the order was made or refused by a court of summary jurisdiction in Northern Ireland, to a county court.3On an appeal under subsection (1) the court hearing the appeal may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just and reasonable.4An LME order that has been varied by virtue of subsection (3) remains an order of the court that first made it for the purposes of section 23.5A respondent may appeal against the making of an LME order under section 20 as if the order were a sentence passed on the respondent for the trigger offence.LME<Emphasis> undertakings and orders: supplementary</Emphasis>Code of practice251The Secretary of State must issue a code of practice giving guidance to enforcing authorities about the exercise of their functions under sections 14 to 23.2The Secretary of State may revise the code from time to time.3The code and any revised code—amust not be issued unless a draft has been laid before Parliament, andbcomes into force on such day as the Secretary of State appoints by regulations.4The Secretary of State must publish the code and any revised code.5An enforcing authority must have regard to the current version of the code in exercising its functions under sections 14 to 23.Investigative functions261An officer acting for the purposes of the Employment Agencies Act 1973—amay also act for the purposes of taking action where it appears that a person has failed to comply with an LME undertaking or an LME order where the trigger offence to which the undertaking or order relates is an offence under that Act, andbin doing so, has the same powers and duties as he or she has when acting for the purposes of that Act.2An officer acting for the purposes of the National Minimum Wage Act 1998—amay also act for the purposes of taking action where it appears that a person has failed to comply with an LME undertaking or an LME order where the trigger offence to which the undertaking or order relates is an offence under that Act, andbin doing so, has the same powers and duties as he or she has when acting for the purposes of that Act.3An officer acting as an enforcement officer for the purposes of the Gangmasters (Licensing) Act 2004—amay also act for the purposes of taking action where it appears that a person has failed to comply with an LME undertaking or an LME order where the trigger offence to which the undertaking or order relates is an offence under that Act, andbin doing so, has the same powers and duties as he or she has when acting as an enforcement officer for the purposes of that Act.4In this section references to the Gangmasters (Licensing) Act 2004 are references to that Act only so far as it applies in relation to England and Wales and Scotland.Offence271A person against whom an LME order is made commits an offence if the person, without reasonable excuse, fails to comply with the order.2A person guilty of an offence under this section is liable—aon conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both;bon summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;con summary conviction in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;don summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.3In relation to an offence committed before 2 May 2022, the reference in subsection (2)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.Offences by bodies corporate281If an offence under section 27 committed by a body corporate is proved—ato have been committed with the consent or connivance of an officer of the body, orbto be attributable to any neglect on the part of such an officer,the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.2In subsection (1) “officer”, in relation to a body corporate, means—aa director, manager, secretary or other similar officer of the body;ba person purporting to act in any such capacity.3If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.Application to unincorporated associations291In a case falling within subsection (2), an unincorporated association is to be treated as a legal person for the purposes of sections 14 to 27.2A case falls within this subsection if it relates to a trigger offence for which it is possible to bring proceedings against an unincorporated association in the name of the association.3Proceedings for an offence under section 27 alleged to have been committed by an unincorporated association may be brought against the association in the name of the association.4For the purposes of such proceedings—arules of court relating to the service of documents have effect as if the association were a body corporate, andbthe following provisions apply as they apply in relation to a body corporate—isection 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980;iisections 70 and 143 of the Criminal Procedure (Scotland) Act 1995;iiisection 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).5A fine imposed on the association on its conviction of an offence is to be paid out of the funds of the association.6If an offence under section 27 committed by an unincorporated association is proved—ato have been committed with the consent or connivance of an officer of the association, orbto be attributable to any neglect on the part of such an officer,the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.7In subsection (6) “officer”, in relation to any association, means—aan officer of the association or a member of its governing body;ba person purporting to act in such a capacity.Application to partnerships301If an offence under section 27 committed by a partner of a partnership which is not regarded as a legal person is shown—ato have been committed with the consent or connivance of another partner, orbto be attributable to any neglect on the part of another partner,that other partner, as well as the first-mentioned partner, is guilty of the offence and liable to be proceeded against and punished accordingly.2Proceedings for an offence under section 27 alleged to have been committed by a partnership which is regarded as a legal person may be brought against the partnership in the firm name.3For the purposes of such proceedings—arules of court relating to the service of documents have effect as if the partnership were a body corporate, andbthe following provisions apply as they apply in relation to a body corporate—isection 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980;iisections 70 and 143 of the Criminal Procedure (Scotland) Act 1995;iiisection 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).4A fine imposed on a partnership on its conviction of an offence is to be paid out of the funds of the partnership.5If an offence under section 27 committed by a partnership is proved—ato have been committed with the consent or connivance of a partner, orbto be attributable to any neglect on the part of a partner,the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.6In subsections (1) and (5) “partner” includes a person purporting to act as a partner.7For the purposes of this section a partnership is, or is not, “regarded as a legal person” if it is, or is not, so regarded under the law of the country or territory under which it was formed.<Emphasis>Supplementary provision</Emphasis>Consequential and related amendments31Schedule 3 (consequential and related amendments) has effect.Regulations under Chapter 1321Regulations 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).2Regulations under section 11 must not confer a function if provision doing so falls within subsection (3).3Provision falls within this subsection if—ait would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament,bit would be within the legislative competence of the National Assembly for Wales if contained in an Act of that Assembly, orcit 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.4Regulations under section 3, 11 or 14 may make such provision amending, repealing or revoking any provision of any enactment, including this Chapter, as the Secretary of State considers appropriate in consequence of the regulations.Interpretation of Chapter 133In this Chapter—“the Director” has the meaning given by section 1;“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;an enactment contained in, or in an instrument made under, Northern Ireland legislation;“enforcing authority” has the meaning given by section 14;“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;“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;“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 2Illegal working<Emphasis>Offences</Emphasis>Offence of illegal working341The Immigration Act 1971 is amended as follows.2In section 3(1)(c)(i) (power to grant limited leave to enter or remain in the United Kingdom subject to condition restricting employment or occupation) for “employment” substitute “ work ”.3After section 24A insert—Illegal working24B1A person (“P”) who is subject to immigration control commits an offence if—aP works at a time when P is disqualified from working by reason of P's immigration status, andbat that time P knows or has reasonable cause to believe that P is disqualified from working by reason of P's immigration status.2For the purposes of subsection (1) a person is disqualified from working by reason of the person's immigration status if—athe person has not been granted leave to enter or remain in the United Kingdom, orbthe person's leave to enter or remain in the United Kingdom—iis invalid,iihas ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), oriiiis subject to a condition preventing the person from doing work of that kind.3A person who is guilty of an offence under subsection (1) is liable on summary conviction—ain England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine, or both,bin 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.4In 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 weeks is to be read as a reference to 6 months.5If 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).6If a person is convicted of an offence under subsection (1) in Scotland, the prosecutor must consider whether to ask the court to act under section 92 of the Proceeds of Crime Act 2002 (making of confiscation order).7If a person is convicted of an offence under subsection (1) in Northern Ireland, the prosecutor must consider whether to ask the court to commit the person to the Crown Court under section 218 of the Proceeds of Crime Act 2002 (committal with view to confiscation order being considered).8The reference in subsection (1) to a person who is subject to immigration control is to a person who under this Act requires leave to enter or remain in the United Kingdom.9Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—athe person is to be treated for the purposes of subsection (2) as if the person had been granted leave to enter the United Kingdom, butbany 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.10The reference in subsection (1) to a person working is to that person working—aunder a contract of employment,bunder a contract of apprenticeship,cunder a contract personally to do work,dunder or for the purposes of a contract for services,efor a purpose related to a contract to sell goods,fas a constable,gin the course of Crown employment,has a relevant member of the House of Commons staff, orias a relevant member of the House of Lords staff.11In 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);“Crown employment”—in relation to England and Wales and Scotland, has the meaning given by section 191(3) of the Employment Rights Act 1996;in relation to Northern Ireland, has the meaning given by Article 236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919 (NI 16));“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 given by section 194(6) of the Employment Rights Act 1996.12Subsection (1) does not apply to—aservice as a member of the naval, military or air forces of the Crown, orbemployment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996.13In this section “contract” means a contract whether express or implied and, if express, whether oral or in writing.4In section 28A(3)(a) (arrest without warrant) after “section” insert “ 24B, ”.5In section 28B(5) (search and arrest by warrant: relevant offences) after “24A,” insert “ 24B, ”.6In section 28CA(1) (business premises: entry to arrest) after paragraph (b) insert—bafor an offence under section 24B,.7In section 28D(4) (entry and search of premises: relevant offences) after “24A,” insert “ 24B, ”.8In section 28FA(1)(a) (search for personnel records: offences to which section applies) for “or 24A(1)” substitute “ , 24A(1) or 24B(1) ”.Offence of employing illegal worker351Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of knowingly employing illegal worker) is amended in accordance with subsections (2) to (4).2In 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. ”3After subsection (1) insert—1AA person commits an offence if the person—aemploys another person (“the employee”) who is disqualified from employment by reason of the employee's immigration status, andbhas reasonable cause to believe that the employee is disqualified from employment by reason of the employee's immigration status.1BFor the purposes of subsections (1) and (1A) a person is disqualified from employment by reason of the person's immigration status if the person is an adult subject to immigration control and—athe person has not been granted leave to enter or remain in the United Kingdom, orbthe person's leave to enter or remain in the United Kingdom—iis invalid,iihas ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), oriiiis subject to a condition preventing the person from accepting the employment.4In subsection (2)(a)(i) (maximum term of imprisonment for conviction of offence on indictment) for “two” substitute “ five ”.5Section 22 of the Immigration, Asylum and Nationality Act 2006 (offences by bodies corporate etc) is amended in accordance with subsections (6) and (7).6After subsection (1) insert—1AFor 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.7In each of subsections (2) and (4) after “21(1)” insert “ or (1A) ”.8In section 24(a) of the Immigration, Asylum and Nationality Act 2006 (immigration bail) for “21(1)” substitute “ 21(1B) ”.9In section 28A of the Immigration Act 1971 (arrest without warrant)—aafter subsection (9A) insert—9BAn immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—ahas committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), orbis committing or attempting to commit that offence.,bin subsection (10) for “and (5)” substitute “ , (5) and (9B) ”, andcin subsection (11) for “and (5)” substitute “ , (5) and (9B) ”.10In section 28AA(1) of that Act (arrest with warrant) for paragraphs (a) and (b) substitute “ section 24(1)(d) ”.<Emphasis>Illegal working in licensed premises</Emphasis>Licensing Act 2003: amendments relating to illegal working361Schedule 4 (Licensing Act 2003: amendments relating to illegal working) has effect.2The Secretary of State may by regulations make provision which—ahas a similar effect to the amendments made by Schedule 4, andbapplies in relation to Scotland or Northern Ireland.3Regulations under subsection (2) may—aamend, repeal or revoke any enactment;bconfer functions on any person.4Regulations under subsection (2) may not confer functions on—athe Scottish Ministers,bthe First Minister and deputy First Minister in Northern Ireland,ca Northern Ireland Minister, orda Northern Ireland department.5In this section “enactment” includes—aan enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;ban enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;can enactment contained in, or in an instrument made under, Northern Ireland legislation.<Emphasis>Illegal working in relation to private hire vehicles etc</Emphasis>Private hire vehicles etc37Schedule 5 (private hire vehicles etc) has effect.<Emphasis>Illegal working notices and orders</Emphasis>Illegal working closure notices and illegal working compliance orders38Schedule 6 (illegal working closure notices and illegal working compliance orders) has effect. PART 2 Access to services<Emphasis>Residential tenancies</Emphasis>Offence of leasing premises391The Immigration Act 2014 is amended in accordance with subsections (2) to (5).2After section 33 insert—<Emphasis>Offences</Emphasis>Offences: landlords33A1The landlord under a residential tenancy agreement which relates to premises in England commits an offence if the first and second conditions are met.2The 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.3The 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.4But unless subsection (5) applies the landlord does not commit an offence under subsection (1) if—athe premises are located in an area in relation to which section 22 is in force,bthe adult mentioned in subsections (2) and (3) is a limited right occupier, andcthe eligibility period in relation to that occupier has not expired.5This subsection applies if the Secretary of State has given a notice in writing to the landlord which—aidentifies the adult mentioned in subsections (2) and (3), andbstates that the adult is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement.6It is a defence for a person charged with an offence under subsection (1) to prove that—athe person has taken reasonable steps to terminate the residential tenancy agreement, andbthe 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).7In 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.8Guidance issued for the purposes of subsection (6)—amust be laid before Parliament in draft before being issued, andbcomes into force in accordance with regulations made by the Secretary of State.9Section 22(9) applies for the purposes of subsection (1) as it applies for the purposes of that section.10A person commits an offence if—athere has been a post-grant contravention in relation to a residential tenancy agreement which relates to premises in England,bthe person is the responsible landlord in relation to the post-grant contravention,cthe person knows or has reasonable cause to believe that there has been a post-grant contravention in relation to the agreement, anddnone of paragraphs (a), (b) and (c) of section 24(6) applies in relation to the post-grant contravention.11Subsection (10) applies whether or not the landlord is given a notice under section 23 in respect of the contravention.Offences: agents33B1Subsection (2) applies to an agent who is responsible for a landlord's contravention of section 22 in relation to premises in England.2The agent commits an offence if the agent—aknew or had reasonable cause to believe that the landlord would contravene section 22 by entering into the residential tenancy agreement in question,bhad sufficient opportunity to notify the landlord of that fact before the landlord entered into the agreement, butcdid not do so.3Subsection (4) applies where—aa landlord contravenes section 22 in relation to a residential tenancy agreement relating to premises in England,bthe contravention is a post-grant contravention, andca person acting as the landlord's agent (“the agent”) is responsible for the post-grant contravention.4The agent commits an offence if—athe agent knows or has reasonable cause to believe that there has been a post-grant contravention in relation to the agreement, andbneither of paragraphs (a) and (b) of section 26(6) applies in relation to the post-grant contravention.5Subsection (4) applies whether or not the agent is given a notice under section 25 in respect of the contravention.Offences: penalties etc33C1A person who is guilty of an offence under section 33A or 33B is liable—aon conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both;bon summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both.2In 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 2003 the reference in subsection (1)(b) to 12 months is to be read as a reference to 6 months.3If 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.4In subsection (3) a reference to an officer of a body includes a reference to—aa director, manager or secretary,ba person purporting to act as a director, manager or secretary, andcif the affairs of the body are managed by its members, a member.5Where 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—aa partner, andba person purporting to act as a partner.6An offence under section 33A or 33B is to be treated as—aa relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (search, entry and arrest), andban offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H of that Act (search after arrest).3In section 35 (transitional provision) after subsection (3) insert—4References in this section to this Chapter do not include sections 33A to 33E (offences and eviction).5Sections 33A to 33C apply in relation to a residential tenancy agreement entered into before or after the coming into force of section 39 of the Immigration Act 2016 (which inserted those sections into this Act).6But sections 33A(10) and (11) and 33B apply only in relation to a contravention of section 22 which occurs after the coming into force of section 39 of the Immigration Act 2016.4In section 36 (Crown application) at the end insert “ or the landlord for the purposes of section 33A. ”5In section 37(4)(a) (provisions in which references to the landlord are to any of them)—aomit the “and” at the end of sub-paragraph (ii), andbat the end of sub-paragraph (iii) insert—ivsection 33A,.6In section 28A of the Immigration Act 1971 (arrest without warrant)—aafter subsection (9B) insert—9CAn immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—ahas committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), orbis committing or attempting to commit that offence.,bin subsection (10) for “and (9B)” substitute “ , (9B) and (9C) ”, andcin subsection (11) for “and (9B)” substitute “ , (9B) and (9C) ”.Eviction401The Immigration Act 2014 is amended in accordance with subsections (2) to (4).2After section 33C (inserted by section 39) insert—<Emphasis>Eviction</Emphasis>Termination of agreement where all occupiers disqualified33D1The landlord under a residential tenancy agreement relating to premises in England may terminate the agreement in accordance with this section if the condition in subsection (2) is met.2The condition is that the Secretary of State has given one or more notices in writing to the landlord which, taken together,—aidentify the occupier of the premises or (if there is more than one occupier) all of them, andbstate that the occupier or occupiers are disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement.3The landlord may terminate the residential tenancy agreement by giving notice in writing and in the prescribed form to the tenant or, in the case of a joint tenancy, all of the tenants specifying the date on which the agreement comes to an end.4That 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.5The notice may be given—aby delivering it to the tenant or tenants,bby leaving it at the premises,cby sending it by post to the tenant or tenants at the address of the premises, ordin any other prescribed manner.6The 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.7The notice is enforceable as if it were an order of the High Court.8In this section “occupier”, in relation to premises to which a residential tenancy agreement applies, means—aa tenant,ba person who, under the agreement, otherwise has the right to occupy the premises and is named in the agreement, andcany other person who the landlord knows is occupying the premises.Other procedures for ending agreement33E1It 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 disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement.2Subsection (1) applies to a residential tenancy agreement relating to premises in England if—ait is a tenancy or sub-tenancy or an agreement for a tenancy or sub-tenancy, butbit 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 1988.3For provision relating to a residential tenancy agreement which is a protected 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 1977.4For provision relating to a residential tenancy agreement which is an assured 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 1988.3In section 35 (transitional provision) after subsection (6) (inserted by section 39(3)) insert—7Sections 33D and 33E apply in relation to a residential tenancy agreement entered into before or after the coming into force of section 40 of the Immigration Act 2016 (which inserted those sections into this Act).4In section 37(4)(a) (provisions in which references to the landlord are to any of them) after sub-paragraph (iv) (inserted by section 39(5)(b)) insert—vsection 33D, andvisection 33E,.5In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences) after subsection (7C) insert—7DA tenancy or licence is excluded if—ait is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, andbthe condition in section 33D(2) of that Act is met in relation to that agreement.6In section 5 of the Housing Act 1988 (security of tenure)—ain subsection (1) omit the “or” at the end of paragraph (b) and at the end of paragraph (c) insert, or din the case of an assured tenancy—iwhich is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, andiiin relation to which the condition in section 33D(2) of that Act is met,giving a notice in accordance with that section,, andbin subsection (2) omit the “or” at the end of paragraph (a) and at the end of paragraph (b) insert, or cthe giving of a notice under section 33D of the Immigration Act 2014,.7The 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 into force of this section.Order for possession of dwelling-house411The Housing Act 1988 is amended in accordance with subsections (2) to (5).2In Part 1 of Schedule 2 (assured tenancies: grounds on which court must order possession) after Ground 7A insert—<Emphasis>Ground 7B</Emphasis>

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 which identifies—athe tenant or, in the case of joint tenants, one or more of them, orbone 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—afall within paragraph (a) or (b) of condition 1, andbare disqualified as a result of their immigration status from occupying 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—aP is not a relevant national, andbP 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—aP requires leave to enter or remain in the United Kingdom but does not have it, orbP'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—aa British citizen,ba national of an EEA State other than the United Kingdom, orca national of Switzerland.

3In section 7 (orders for possession)—ain subsection (3) after “subsections (5A) and (6)” insert “ and section 10A ”,bin subsection (5A)(a) for “and 7A” substitute “ , 7A and 7B ”,cin subsection (6)(a) after “Ground 7A” insert “ , Ground 7B ”, anddafter subsection (6A) insert—6BThe requirement in subsection (6)(b) that would otherwise apply to an order for possession of a dwelling-house let on an assured fixed term tenancy does not apply where the ground for possession is Ground 7B in Part 1 of Schedule 2 to this Act.4In section 8(5) (cases where court may not dispense with notice of proceedings for possession) after “Ground 7A” insert “ , 7B ”.5After section 10 insert—Power to order transfer of tenancy in certain cases10A1This 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—aGround 7B in Schedule 2 is established,bno other ground in that Schedule is established, or one or more grounds 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,cthe tenancy is a joint tenancy, anddone or more of the tenants is a qualifying tenant.2In 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.3The court may, instead of making an order for possession, order that the tenant's interest under the tenancy is to be transferred so that it is held—aif there is one qualifying tenant, by the qualifying tenant as sole tenant, orbif there is more than one qualifying tenant, by all of them as joint tenants.4The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants—aare entitled to performance of the landlord's covenants under the tenancy, andbare liable to perform the tenant's covenants under the tenancy.5The 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—aceases to be entitled to performance of the landlord's covenants under the tenancy, orbceases to be liable to perform the tenant's covenants under the tenancy.6Subsection (5) does not remove any right or liability of the person which accrued before the order took effect.7An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants.8In 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.6In Part 1 of Schedule 15 to the Rent Act 1977 (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies) after Case 10 insert—<Emphasis>Case 10A</Emphasis>

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

For the purposes of this case a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if—aP is not a relevant national, andbP does not have a right to rent in relation to 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 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—aa British citizen,ba national of an EEA State other than the United Kingdom, orca national of Switzerland.

7The amendments made by this section apply in relation to a tenancy entered into before or after the coming into force of this section.Extension to Wales, Scotland and Northern Ireland421The 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.2The Secretary of State may by regulations make provision which—ahas a similar effect to any of the residential tenancies provisions, andbapplies in relation to Wales, Scotland or Northern Ireland.3Regulations under subsection (1) or (2) may—aamend, repeal or revoke any enactment;bconfer functions on any person.4Regulations under subsection (1) or (2) may not confer functions on—athe Welsh Ministers,bthe Scottish Ministers,cthe First Minister and deputy First Minister in Northern Ireland,da Northern Ireland Minister, orea Northern Ireland department.5In this section—“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales;an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;an enactment contained in, or in an instrument made under, Northern Ireland legislation;“the residential tenancies provisions” means sections 39 to 41 and the amendments made by those sections.<Emphasis>Driving</Emphasis>Powers to carry out searches relating to driving licences431Schedule 2 to the Immigration Act 1971 (administrative provisions as to control of entry etc) is amended in accordance with subsections (2) and (3).2After paragraph 25C insert—<Emphasis>Entry of premises to search for driving licence</Emphasis>25CA1An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person—ais in possession of a driving licence, andbis not lawfully resident in the United Kingdom.2The authorised officer may enter and search any premises—aoccupied or controlled by the person, orbin which the person was when the person was encountered by the officer,for the driving licence.3The power conferred by sub-paragraph (2) may be exercised—aonly if the authorised officer has reasonable grounds for believing that the driving licence is on the premises,bonly to the extent that it is reasonably required for the purpose of discovering the driving licence, andcunless the authorised officer is a constable, only if a senior officer has authorised its exercise in writing.4Sub-paragraph (3)(c) does not apply where it is not reasonably practicable for the authorised officer to obtain the authorisation of a senior officer before exercising the power.5An authorised officer who has conducted a search in reliance on sub-paragraph (4) must inform a senior officer as soon as is practicable.6The senior officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of the grounds for the search.7In this paragraph and paragraphs 25CB and 25CC—“authorised officer” means—an immigration officer,a constable, ora person of a kind authorised for the purposes of this paragraph and paragraphs 25CB and 25CC by the Secretary of State;“driving licence”—means 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)), andincludes a licence of that kind which has been revoked;“senior officer” means—in relation to an authorised officer who is an immigration officer, an immigration officer not below the rank of chief immigration officer;in relation to an authorised officer other than an immigration officer, a person of a kind designated by the Secretary of State for the purposes of this paragraph in relation to an authorised officer of that kind.8For the purposes of this paragraph and paragraphs 25CB and 25CC 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.<Emphasis>Searching persons for driving licences</Emphasis>25CB1An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person—ais in possession of a driving licence, andbis not lawfully resident in the United Kingdom.2The authorised officer may search the person for the driving licence.3The power conferred by sub-paragraph (2) may be exercised—aonly if the authorised officer has reasonable grounds for believing that the driving licence may be concealed on the person, andbonly to the extent that it is reasonably required for the purpose of discovering the driving licence.4An intimate search may not be carried out under sub-paragraph (2).5In sub-paragraph (4) “intimate search” has the same meaning as in section 28H(11).<Emphasis>Seizure and retention of driving licence</Emphasis>25CC1If an authorised officer who is exercising a power to search a person or 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.2Sub-paragraph (1) applies to a driving licence if—athe authorised officer finds the licence in the possession of a person who the authorised officer has reasonable grounds for believing is not lawfully resident in the United Kingdom, orbthe authorised officer has reasonable grounds for believing that the holder of the licence is not lawfully resident in the United Kingdom.3A driving licence seized under sub-paragraph (1) must, as soon as practicable, be given to—athe Secretary of State, in the case of a licence granted by the Secretary of State, orbthe Department for Infrastructure for Northern Ireland, in the case of a licence granted by the Department.4A person who is in possession of a driving licence by virtue of sub-paragraph (3) must retain it if—ait has not been revoked,bit has been revoked but the time limit for an appeal against revocation of the licence has not expired, orcit has been revoked, such an appeal has been brought but the appeal has not been determined.5A driving licence which is required to be retained under sub-paragraph (4) must be retained—auntil a decision is taken not to revoke it, orbif it has been or is subsequently revoked—iuntil the time limit for an appeal against revocation of the licence expires without an appeal being brought, oriiuntil such an appeal is determined.6A 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 sub-paragraphs (4) and (5) must be returned to the holder if—aa decision is taken not to revoke the licence, orban appeal against revocation of the licence is determined in favour of the holder.7Otherwise the driving licence may be dealt with in such manner as that person thinks fit.8Neither the Secretary of State nor the Department for Infrastructure for Northern Ireland is obliged to re-issue a licence which has been seized and retained under this paragraph.9References in this paragraph to an appeal against the revocation of a licence are to—aan appeal under section 100 of the Road Traffic Act 1988, in the case of a licence granted by the Secretary of State, orban appeal under Article 16 of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), in the case of a licence granted by the Department for Infrastructure for Northern Ireland.10References 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.3In paragraph 25D(8) (access and copying: meaning of seized material) at the end insert “ other than a driving licence seized under paragraph 25CC. ”4In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable force) after paragraph (a) insert—aaparagraph 25CA, 25CB or 25CC of Schedule 2 to the 1971 Act (powers to search for and seize driving licences),.5In the period (if any) between the coming into force of subsection (2) and the coming into force of the Departments Act (Northern Ireland) 2016, references to the Department for Infrastructure for Northern Ireland in paragraph 25CC(3)(b), (8) and (9)(b) of Schedule 2 to the Immigration Act 1971 (as inserted by subsection (2)) are to be read as references to the Department of the Environment for Northern Ireland.Offence of driving when unlawfully in the United Kingdom441The Immigration Act 1971 is amended in accordance with subsections (2) to (6).2Before section 25 insert—Driving when unlawfully in the United Kingdom24C1A person commits an offence if—athe person drives a motor vehicle on a road or other public place at a time when the person is not lawfully resident in the United Kingdom, andbat that time the person knows or has reasonable cause to believe that the person is not lawfully resident in the United Kingdom.2A person who is guilty of an offence under subsection (1) is liable on summary conviction—ain England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;bin Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.3In 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.4In this section “motor vehicle” and “road”—ain relation to England and Wales and Scotland, have the same meanings as in the Road Traffic Act 1988;bin relation to Northern Ireland, have the same meanings as in the Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994 (NI 18)).5For 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.Detention of motor vehicles24D1If a person (“P”) has been arrested for an offence under section 24C committed in England and Wales or Northern Ireland, a senior officer or a constable may detain a relevant vehicle.2Subject to regulations under subsection (8), a vehicle detained under subsection (1) must be released—awhen a decision is taken not to charge P with the offence, orbif P is charged with the offence—iwhen P is acquitted, the charge against P is dismissed or the proceedings are discontinued, oriiif P is convicted, when the court decides not to order forfeiture of the vehicle.3If 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.4Subject to regulations under subsection (8) a vehicle detained under subsection (3) must be released—awhen a decision is taken not to institute criminal proceedings against P for the offence, orbif criminal proceedings are instituted against P for the offence—iwhen P is acquitted or, under section 147 of the Criminal Procedure (Scotland) Act 1995, liberated or the trial diet is deserted simpliciter, oriiif P is convicted, when the court decides not to order forfeiture of the vehicle.5For the purposes of subsection (4) criminal proceedings are instituted against a person (“P”) at whichever is the earliest of P's first appearance before the sheriff or the service on P of a complaint.6A power in subsection (1) or (3) may be exercised by a senior officer or constable at any place at which the senior officer or constable is lawfully present.7A vehicle is a relevant vehicle in relation to P if the officer or constable concerned has reasonable grounds for believing it was used in the commission by P of an offence under section 24C.8The Secretary of State may by regulations make provision about the release of a vehicle detained under subsection (1) or (3).9Regulations under subsection (8) may in particular make provision—afor the release of a vehicle before the time mentioned in subsection (2) or (4);babout the procedure by which a person may seek to have a vehicle released before or after that time;cabout the persons to whom a vehicle may or must be released before or after that time;dprescribing conditions to be met before a vehicle may be released before or after that time (including a condition requiring the payment of costs in relation to detention of the vehicle and any application for its release);eas to the destination of payments made in compliance with such a condition;fenabling a person specified in the regulations to waive compliance with such a condition;gas to the disposal of a vehicle in a case where such a condition is not met;has to the destination of the proceeds arising from the disposal of a vehicle in such a case.10Regulations under subsection (8)—aare to be made by statutory instrument;bmay make different provision for different cases;cmay make incidental, supplementary, consequential, transitional, transitory or saving provision.11A statutory instrument containing regulations under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.12In this section “senior officer” means an immigration officer not below the rank of chief immigration officer.Powers to enter premises to detain motor vehicle24E1A senior officer or a constable may enter and search any premises for the purposes of detaining a vehicle under section 24D.2The power in subsection (1) may be exercised—aonly to the extent that it is reasonably required for that purpose, andbonly if the senior officer or constable knows that a vehicle which may be detained under section 24D is to be found on the premises.3The power in subsection (1) may be exercised—aby a senior officer (“S”) only if S produces identification showing that S is an immigration officer (whether or not S is asked to do so);bby a constable (“C”) only if C produces identification showing that C is a constable (whether or not C is asked to do so).4Subsection (5) applies if, on an application by a senior officer or constable, a justice of the peace is satisfied that there are reasonable grounds for suspecting that a vehicle which may be detained under section 24D may be found on premises mentioned in subsection (6).5The justice of the peace may issue a warrant authorising any senior officer or constable to enter, if need be by force, the premises for the purpose of searching for and detaining the vehicle.6The premises referred to in subsection (4) are—aone or more sets of premises specified in the application, orbsubject to subsection (10), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).7If the application is for an all premises warrant, the justice of the peace must also be satisfied—athat there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the vehicle, andbthat it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.8Subject to subsection (10), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.9If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.10A justice of the peace in Scotland may not issue—aan all premises warrant under this section, orba warrant under this section authorising multiple entries.11In the application of this section to Scotland, references to a justice of the peace are to be read as references to the sheriff or a justice of the peace.12In this section “senior officer” means an immigration officer not below the rank of chief immigration officer.Orders following conviction of offence under section 24C24F1If a person is convicted of an offence under section 24C, the court may order the forfeiture of the vehicle used in the commission of the offence.2Where a person who claims to have an interest in the vehicle applies to the court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle unless the person has been given an opportunity to make representations.3For the purposes of subsection (2) the persons who have an interest in a vehicle include—aa person who owns it,bthe person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994, andca person who is in possession of it under a hire purchase agreement (or, in the case of a detained vehicle, was in possession of it under a hire purchase agreement immediately before its detention).4The Secretary of State may by regulations make provision about—athe disposal of a vehicle forfeited under this section;bthe destination of the proceeds arising from the disposal of such a vehicle.5Regulations under subsection (4)—aare to be made by statutory instrument;bmay make different provision for different cases;cmay make incidental, supplementary, consequential, transitional, transitory or saving provision.6A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.3In section 28A(3)(a) (arrest without warrant) before “25” insert “ 24C, ”.4In section 28B(5) (search and arrest by warrant: relevant offences) before “26A” insert “ 24C, ”.5In section 28CA(1) (business premises: entry to arrest) for the “or” at the end of paragraph (b) substitute—bbfor an offence under section 24C, or.6In section 28D(4) (entry and search of premises: relevant offences) before “25” insert “ 24C, ”.7In section 16(2A)(b) of the Police and Criminal Evidence Act 1984 (powers of persons accompanying constables in execution of warrants) after “seizure” insert “ or detention ”.8In Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)) (powers of persons accompanying constables in execution of warrants) after “seizure” insert “ or detention ”.9In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable force) before paragraph (a) insert—zasection 24E(1) (powers to enter premises to detain motor vehicle) of the 1971 Act,.<Emphasis>Bank accounts</Emphasis>Bank accounts451Schedule 7 (bank accounts) has effect.2Before the end of the period mentioned in subsection (3), the Secretary of State must—areview the operation of sections 40A to 40G of the Immigration Act 2014 (inserted by Schedule 7),bprepare a report of the review, andclay a copy of the report before Parliament.3The period referred to in subsection (2) is the period of 5 years beginning with the day on which Schedule 7 comes fully into force. PART 3 Enforcement<Emphasis>Powers of immigration officers etc</Emphasis>Powers in connection with examination, detention and removal461Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.2In paragraph 2(1) (examination by immigration officers) at the end of paragraph (c) insert; and dwhether, if he has been given leave which is still in force, his leave should be curtailed.3After paragraph 15 insert—<Emphasis>Search of premises in connection with removal</Emphasis>15A1This paragraph applies if—aan immigration officer is lawfully on any premises, andba person who is liable to be detained under paragraph 16(2) is on the premises.2The immigration officer may search the premises for documents which—arelate to the person, andbmay be evidence for a ground on which the person's leave to enter or remain in the United Kingdom may be curtailed.3The power may be exercised—aonly if the immigration officer has reasonable grounds for believing there are documents within sub-paragraph (2) on the premises, andbonly to the extent that it is reasonably required for the purpose of discovering such documents.4An immigration officer searching premises under this paragraph may seize any document the officer finds which the officer has reasonable grounds for believing is a document within sub-paragraph (2).5Sub-paragraph (6) applies where—aan immigration officer is searching premises under this paragraph, andbany document the officer has reasonable grounds for believing is a document within sub-paragraph (2) is stored in any electronic form and is accessible from the premises.6The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.7If a requirement under sub-paragraph (6) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the immigration officer may seize the device or medium on which it is stored.8But sub-paragraphs (4) to (7) do not apply to a document which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.9An immigration officer may retain a document seized under this paragraph while—athe person to whom the document relates is liable to be detained under paragraph 16(2), andbthe document falls within sub-paragraph (2)(b).10But a document may not be retained for the purpose mentioned in sub-paragraph (9) if a photograph or copy would be sufficient for that purpose.4In paragraph 25A (entry and search of premises where person arrested or detained under Schedule 2)—aafter sub-paragraph (7) insert—7ASub-paragraph (7B) applies where—aan officer is searching premises under this paragraph, andbany document the officer has reasonable grounds for believing is a relevant document is stored in any electronic form and is accessible from the premises.7BThe officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.7CIf a requirement under sub-paragraph (7B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.,bin sub-paragraph (8) for “sub-paragraph (7)(a) does” substitute “ sub-paragraphs (7) to (7C) do ”, andcin sub-paragraph (8A) for “sub-paragraph (7)” substitute “ this paragraph ”.5In paragraph 25B (search of person arrested under Schedule 2) after sub-paragraph (8) insert—8ASub-paragraph (8B) applies where—aan officer is searching a person under this paragraph, andbany document the officer has reasonable grounds for believing is a document within sub-paragraph (3)(b) is stored in any electronic form on a device or medium found on the person.8BThe officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.8CIf a requirement under sub-paragraph (8B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.8DSub-paragraphs (8B) and (8C) do not apply to a document which the officer has reasonable grounds for believing is an item subject to legal privilege.Search of premises in connection with imposition of civil penalty471This section applies if an immigration officer is lawfully on any premises.2The immigration officer may search the premises for documents which might be of assistance in determining whether a person is liable to the imposition of a penalty under—asection 15 of the Immigration, Asylum and Nationality Act 2006 (penalty for employing illegal worker etc), orbsection 23 or 25 of the Immigration Act 2014 (penalty for leasing premises to disqualified person etc).3The power may be exercised—aonly if the immigration officer has reasonable grounds for believing there are documents within subsection (2) on the premises, andbonly to the extent that it is reasonably required for the purpose of discovering such documents.4An immigration officer searching premises under this section may seize any document the officer finds which the officer has reasonable grounds for believing is a document within subsection (2).5Subsection (6) applies where—aan immigration officer is searching premises under this section, andbany document the officer has reasonable grounds for believing is a document within subsection (2) is stored in any electronic form and is accessible from the premises.6The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.7If a requirement under subsection (6) is not complied with or a document to which that subsection applies cannot be produced in a form of the kind mentioned in that subsection, the immigration officer may seize the device or medium on which it is stored.8But subsections (4) to (7) do not apply to a document or item which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.9An immigration officer may retain a document or item seized under this section while the officer has reasonable grounds for believing that the document may be required—afor the purposes of determining whether a person is liable to the imposition of a penalty under a provision mentioned in subsection (2),bfor the purposes of any objection relating to the imposition of such a penalty, orcfor the purposes of any appeal or other legal proceedings relating to the imposition of such a penalty.10But a document or item may not be retained for a purpose mentioned in subsection (9) if a photograph or copy would be sufficient for that purpose.11Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to a document seized and retained under this section as it applies to anything seized and retained under Part 3 of that Act.Seizure and retention in relation to offences481This section applies if an immigration officer is lawfully on any premises.2The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing—athat it has been obtained in consequence of the commission of an offence, andbthat it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.3The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing—athat it is evidence in relation to an offence, andbthat it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.4The immigration officer may require any information which is stored in any electronic form and is accessible from the premises to be produced if the officer has reasonable grounds for believing—athat—iit is evidence in relation to an offence, oriiit has been obtained in consequence of the commission of an offence, andbthat it is necessary to seize it in order to prevent it being concealed, lost, tampered with or destroyed.5The reference in subsection (4) to information which is stored in any electronic form being produced is to such information being produced in a form—ain which it can be taken away, andbin which it is visible and legible or from which it can readily be produced in a visible and legible form.6This section does not authorise an immigration officer to seize an item which the officer has reasonable grounds for believing is an item subject to legal privilege.7Anything seized by an immigration officer under this section which relates to an immigration offence may be retained so long as is necessary in all the circumstances and in particular—amay be retained, except as provided for by subsection (8)—ifor use as evidence at a trial for an offence, oriifor forensic examination or for investigation in connection with an offence, andbmay be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.8Nothing may be retained for a purpose mentioned in subsection (7)(a) if a photograph or copy would be sufficient for that purpose.9Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to anything seized and retained under this section which relates to an immigration offence as it applies to anything seized and retained by an immigration officer under Part 3 of that Act.10This section does not apply in relation to anything which may be seized by an immigration officer under—asection 19 of the Police and Criminal Evidence Act 1984 as applied by an order under section 23 of the Borders, Citizenship and Immigration Act 2009, orbArticle 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12) as applied by that section.11In this section and section 49 “immigration offence” means an offence which relates to an immigration or nationality matter.Duty to pass on items seized under section 48491This section applies if an immigration officer exercises—athe power under section 48 to seize or take away an item on the basis that the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence other than an immigration offence (a “relevant offence”), orba power to that effect in Part 3 of the Immigration Act 1971 as applied by section 14(3) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004.2Subject to subsection (3), the immigration officer must, as soon as is reasonably practicable after the power is exercised, notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.3If the immigration officer has reasonable grounds for believing that the item referred to in subsection (1) has also been obtained in consequence of the commission of, or is evidence in relation to, an immigration offence, the immigration officer may notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.4A person notified under this section of the exercise of a power mentioned in subsection (1) in relation to an item must, as soon as is reasonably practicable after being so notified, inform the immigration officer whether the person will accept the item.5The person may inform the immigration officer that the person will not accept the item only if—athe person does not think the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence,bthe person does not have functions in relation to the investigation of the relevant offence, orcthe person thinks that it would be more appropriate for the relevant offence to be investigated by another person with such functions.6If the person informs the immigration officer that the person will accept the item, the immigration officer must give it to the person as soon as is reasonably practicable.7Once the item has been given as mentioned in subsection (6), any provision of an enactment which applies to items seized or taken away by the person applies to the item as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence.8If the person informs the immigration officer that the person will not accept the item because subsection (5)(a) applies, the immigration officer must, as soon as is reasonably practicable, return the item in accordance with subsection (10).9If the person informs the immigration officer that the person will not accept the item because subsection (5)(b) or (c) applies, the immigration officer must, as soon as is reasonably practicable—anotify the exercise of a power mentioned in subsection (1) in relation to the item to another person (if any) who the immigration officer thinks has functions in relation to the investigation of the relevant offence, orbif there is no such person, return the item in accordance with subsection (10).10An item which must be returned in accordance with this subsection must be returned—ato the person from whom it was seized, orbif there is no such person, to the place from which it was seized or taken away.11Where an item to which this section applies or information contained in such an item has been obtained in consequence of the commission of, or is evidence in relation to, more than one offence, references in this section to the relevant offence are to any of those offences.12A function conferred or imposed by this section on an immigration officer may be exercised by any other immigration officer.13In this section “enactment” includes—aan enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,ban enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,can enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, anddan enactment contained in, or in an instrument made under, Northern Ireland legislation.Retention of things seized under Part 3 of the Immigration Act 197150After section 28H of the Immigration Act 1971 insert—Retention of seized material28ZI1This section applies to anything seized by an immigration officer under this Part for the purposes of the investigation of an offence or on the basis that it may be evidence relating to an offence.2Anything seized as mentioned in subsection (1) may be retained so long as is necessary in all the circumstances and in particular—amay be retained, except as provided for by subsection (3)—ifor use as evidence at a trial for an offence, oriifor forensic examination or for investigation in connection with an offence, andbmay be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.3Nothing may be retained for a purpose mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose.Search for nationality documents by detainee custody officers etc511The Secretary of State may direct a detainee custody officer, prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to—aa detained person who is detained in a removal centre, prison or young offender institution, orba person who is detained in a short-term holding facility.2The Secretary of State may direct a prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to a person detained in a prison or young offender institution—awho has been recommended for deportation by a court under section 3(6) of the Immigration Act 1971,bin respect of whom the Secretary of State has made a deportation order under section 5(1) of that Act,cto whom a notice has been given in accordance with regulations under section 105 of the Nationality, Immigration and Asylum Act 2002 (notice of decision) of a decision to make a deportation order against that person, ordin respect of whom the Secretary of State must make, or has made, a deportation order under section 32(5) of the UK Borders Act 2007.3In this section and section 52 “relevant officer” means a detainee custody officer, prison officer or prisoner custody officer.4The Secretary of State may give a direction in relation to a person detained as mentioned in subsection (1) or (2) only if the Secretary of State has reasonable grounds to believe a relevant nationality document will be found if a power in subsection (6) is exercised in relation to the person.5A relevant officer to whom a direction is given under subsection (1) or (2) must (if able to do so) comply with it.6The powers referred to in subsections (1), (2) and (4) are—ato require the person to hand over to the relevant officer all relevant nationality documents in his or her possession,bto search for such documents and to take possession of any that the relevant officer finds,cto inspect any relevant nationality documents obtained in the course of the exercise of a power in paragraph (a) or (b), anddto seize and retain any such documents so obtained.7The power in subsection (6)(b) is a power to search any of the following—athe person;banything the person has with him or her;cthe person's accommodation in the removal centre, short-term holding facility, prison or young offender institution;dany item of the person's property in the removal centre, short-term holding facility, prison or young offender institution.8A full search may be carried out under subsection (7)(a); but such a search may not be carried out in the presence of—aanother person detained as mentioned in subsection (1) or (2), orba person of the opposite sex.9An intimate search may not be carried out under subsection (7)(a).10A relevant officer may if necessary use reasonable force for the purposes of exercising a power in subsection (6)(a) or (b).11A relevant officer must pass a relevant nationality document seized and retained under subsection (6)(d) to the Secretary of State as soon as is reasonably practicable.12The Secretary of State may retain a relevant nationality document which comes into the Secretary of State's possession under subsection (11) while the Secretary of State suspects that—aa person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, andbretention of the document may facilitate the removal.13If subsection (12) does not apply to a document which comes into the Secretary of State's possession under this section, the Secretary of State may—aarrange for the document to be returned in accordance with subsection (14), orbif the Secretary of State thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Secretary of State thinks appropriate.14A document which is required to be returned in accordance with this subsection must be returned to—athe person who was previously in possession of it, orbif it was not found in the possession of a person, the location in which it was found.15In this section and section 52—“full search” means a search which involves the removal of an item of clothing which—is being worn wholly or partly on the trunk, andis being so worn either next to the skin or next to an article of underwear;“intimate search” means a search which consists of a physical examination of a person's body orifices other than the mouth;“nationality document” means a document which might—establish a person's identity, nationality or citizenship, orindicate the place from which a person has travelled to the United Kingdom or to which a person is proposing to go.16For the purposes of this section and section 52 a nationality document is “relevant” if it relates to a person who is liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts.17In this section the following expressions have the same meaning as in Part 8 of the Immigration and Asylum Act 1999 (see section 147)—“detained person”;“detainee custody officer”;“prisoner custody officer”;“removal centre”;“short-term holding facility”.Seizure of nationality documents by detainee custody officers etc521A relevant officer may seize a nationality document which the relevant officer finds in the course of the exercise of a power to search other than one conferred by section 51.2Where a relevant officer seizes a nationality document under subsection (1), the relevant officer—amust seek the consent of the Secretary of State to retain the document, andbif the relevant officer obtains the Secretary of State's consent, must pass the document to the Secretary of State as soon as is practicable.3The Secretary of State may give consent under subsection (2) only if the Secretary of State has reasonable grounds to believe that—athe document is a relevant nationality document, andbthe document may facilitate the removal of the person to whom it relates from the United Kingdom in accordance with a provision of the Immigration Acts.4If the Secretary of State does not give consent under subsection (2), the Secretary of State must—adirect the relevant officer to return the document as mentioned in subsection (5), orbif the Secretary of State thinks that it would not be appropriate to return the document, direct the relevant officer to dispose of the document in such manner as the Secretary of State may direct.5A document which is required to be returned in accordance with this subsection must be returned to—athe person who was previously in possession of it, orbif it was not found in the possession of a person, the location in which it was found.6The Secretary of State may retain a relevant nationality document which comes into the Secretary of State's possession under this section while the Secretary of State suspects that—aa person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, andbretention of the document may facilitate the removal.7If subsection (6) does not apply to a document which comes into the Secretary of State's possession under this section, the Secretary of State may—aarrange for the document to be returned in accordance with subsection (5), orbif the Secretary of State thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Secretary of State thinks appropriate.Amendments relating to sections 51 and 52531Schedule 11 to the Immigration and Asylum Act 1999 (detainee custody officers) is amended as follows.2In paragraph 4 (offence of assaulting detainee custody officer)—aomit the “or” at the end of paragraph (b), andbat the end of paragraph (c) insertor dperforming functions under section 51 of the Immigration Act 2016 (search for nationality documents),.3In paragraph 5 (offence of obstructing detainee custody officer)—aomit the “or” at the end of paragraph (b), andbat the end of paragraph (c) insertor dperforming functions under section 51 of the Immigration Act 2016 (search for nationality documents),.4After paragraph 8 insert—<P1><Pnumber PuncAfter="">9</Pnumber><P1para><Text>A reference in paragraph 4(d) or 5(d) to a detainee custody officer performing functions under section 51 of the Immigration Act 2016 includes a reference to a prison officer or prisoner custody officer performing such functions.</Text></P1para></P1></P1group></BlockAmendment></P2para></P2></P1para></P1></P1group><P1group RestrictStartDate="2016-12-01"><Title>Amendments to search warrant provisions54Schedule 8 (amendments to search warrant provisions) has effect.Supply of information to Secretary of State551Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) is amended in accordance with subsections (2) to (10).2For the heading substitute “ Power to supply information etc to Secretary of State ”.3In subsection (1) for paragraphs (a) to (f) substitute—aa public authority, orbany specified person, for purposes specified in relation to that person.4In subsection (1A) in each of paragraphs (a) and (b) for “a person listed in subsection (1) or someone acting on his behalf” substitute “ a public authority or someone acting on behalf of a public authority ”.5After subsection (1A) insert—1BThis section does not apply to—ainformation which is held by the Crown Prosecution Service, orba document or article which comes into the possession of, or is discovered by, the Crown Prosecution Service, or someone acting on behalf of the Crown Prosecution Service,if section 40 of the UK Borders Act 2007 applies to the information, document or article.6After subsection (2A) insert—2BSubsection (2A)(a) does not affect any other power of the Secretary of State to retain a document or article.7In subsection (3) after paragraph (d) insert—daanything else that is done in connection with the exercise of a function under any of the Immigration Acts;.8After subsection (3) insert—3APublic authority” means a person with functions of a public nature but does not include—aHer Majesty's Revenue and Customs,beither House of Parliament or a person exercising functions in connection with proceedings in Parliament,cthe Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament,dthe National Assembly for Wales or a person exercising functions in connection with proceedings in that Assembly, orethe Northern Ireland Assembly or a person exercising functions in connection with proceedings in that Assembly.9Omit subsection (4).10After subsection (6) insert—7Nothing in this section authorises information, a document or an article to be supplied if to do so would contravene a restriction on the disclosure of information (however imposed).11After section 20 of the Immigration and Asylum Act 1999 insert—Duty to supply nationality documents to Secretary of State20A1This section applies to a nationality document which the Secretary of State has reasonable grounds for believing is lawfully in the possession of a person listed in Schedule A1.2The Secretary of State may direct the person to supply the document to the Secretary of State if the Secretary of State suspects that—aa person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, andbthe document may facilitate the removal.3A person to whom a direction is given must, as soon as is practicable, supply the document to the Secretary of State.4If the document was originally created in hard copy form and the person possesses the original document, it must be supplied to the Secretary of State unless it is required by the person for the performance of any of the person's functions.5If the original document is required by the person for the performance of any of the person's functions—athe person must, as soon as is practicable, supply a copy of the document to the Secretary of State, andbif subsequently the person no longer requires the original document, the person must supply it to the Secretary of State as soon as is practicable after it is no longer required.6Subsection (5)(b) does not apply if the Secretary of State notifies the person that the original document is no longer required.7If subsection (5) applies the person may make a copy of the original document before supplying it to the Secretary of State.8The Secretary of State may retain a nationality document supplied under this section while the Secretary of State suspects that—aa person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, andbretention of the document may facilitate the removal.9Subsection (8) does not affect any other power of the Secretary of State to retain a document.10The Secretary of State may dispose of a nationality document supplied under this section in such manner as the Secretary of State thinks appropriate.11Nothing in this section authorises or requires a document to be supplied if to do so would contravene a restriction on the disclosure of information (however imposed).12The Secretary of State may by regulations amend Schedule A1 so as to add, modify or remove a reference to a person or description of person.13Regulations under subsection (12) may not amend Schedule A1 so as to apply this section to—aeither House of Parliament or a person exercising functions in connection with proceedings in Parliament,bthe Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament,cthe National Assembly for Wales or a person exercising functions in connection with proceedings in that Assembly, ordthe Northern Ireland Assembly or a person exercising functions in connection with proceedings in that Assembly.14In this section “nationality document” means a document which might—aestablish a person's identity, nationality or citizenship, orbindicate the place from which a person has travelled to the United Kingdom or to which a person is proposing to go.12In section 166 of the Immigration and Asylum Act 1999 (regulations and orders)—aafter subsection (5) insert—5ANo regulations under section 20A(12) which amend Schedule A1 so as to—aadd a reference to a person or description of person, orbmodify a reference to a person or description of person otherwise than in consequence of a change of name or transfer of functions,are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House., andbin subsection (6), before the “or” at the end of paragraph (a) insert—abunder section 20A(12) and which falls within subsection (5A),.13Before Schedule 1 to the Immigration and Asylum Act 1999 insert the Schedule A1 set out in Schedule 9.Detention <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation> by immigration officers in Scotland56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Powers to take fingerprints etc. from dependants571Section 141 of the Immigration and Asylum Act 1999 (powers to take fingerprints from certain persons and their dependants) is amended as follows.2In subsection (7) for paragraph (f) substitute—fany person (“F”) who is—ia member of the family of a person within any of paragraphs (a), (b) or (ca) to (e), oriia dependant of a person within paragraph (c)(i).3In subsection (8)(f) after “person” insert “ of whose family he is a member or ”.4In subsection (9)(f) after “person” insert “ of whose family he is a member or ”.5After subsection (13) insert—13AFor the purposes of subsection (7)(f)(i), a person is a member of the family of another person (“P”) if—athe person is—iP's partner,iiP's child, or a child living in the same household as P in circumstances where P has care of the child,iiiin a case where P is a child, P's parent, orivan adult dependant relative of P, andbthe person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.13BIn subsection (13A) “child” means a person who is under the age of 18.6In subsection (14) for “(7)(f)” substitute “ (7)(f)(ii) ”.7Section 142 of the Immigration and Asylum Act 1999 (attendance for fingerprinting) is amended as follows.8In subsection (2) for “a dependant of” substitute “ a member of the family of, or a dependant of, ”.9In subsection (2A) for “a dependant of” substitute “ a member of the family of ”.10Until the commencement of the repeal of section 143 of the Immigration and Asylum Act 1999 (destruction of fingerprints) by paragraph 17(2) of Schedule 9 to the Immigration Act 2014, subsection (9) of that section has effect as if after “the person” there were inserted “ of whose family he is a member or ”.11In section 144A(2) of the Immigration and Asylum Act 1999 (application of regulations about use and retention of fingerprints etc to dependants) after “the person” insert “ of whose family F is a member or ”.Interpretation of Part581In this Part “immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.2In this Part “premises” and “item subject to legal privilege” have the same meaning—ain relation to England and Wales, as in the Police and Criminal Evidence Act 1984;bin relation to Northern Ireland, as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12));cin relation to Scotland, as in section 412 of the Proceeds of Crime Act 2002.<Emphasis>Detention and bail</Emphasis>Guidance on detention of vulnerable persons591The Secretary of State must issue guidance specifying matters to be taken into account by a person to whom the guidance is addressed in determining—awhether a person (“P”) would be particularly vulnerable to harm if P were to be detained or to remain in detention, andbif P is identified as being particularly vulnerable to harm in those circumstances, whether P should be detained or remain in detention.2In subsection (1) “detained” means detained under—athe Immigration Act 1971,bsection 62 of the Nationality, Immigration and Asylum Act 2002, orcsection 36 of the UK Borders Act 2007,and “detention” is to be construed accordingly.3A person to whom guidance under this section is addressed must take the guidance into account.4Before issuing guidance under this section the Secretary of State must lay a draft of the guidance before Parliament.5Guidance under this section comes into force in accordance with regulations made by the Secretary of State.6The Secretary of State may from time to time review guidance under this section and may revise and re-issue it.7References in this section to guidance under this section include revised guidance.Limitation on detention of pregnant women601This section applies to a woman if the Secretary of State is satisfied that the woman is pregnant.2A woman to whom this section applies may not be detained under a relevant detention power unless the Secretary of State is satisfied that—athe woman will shortly be removed from the United Kingdom, orbthere are exceptional circumstances which justify the detention.3In determining whether to authorise the detention under a relevant detention power of a woman to whom this section applies, a person who, apart from this section, has power to authorise the detention must have regard to the woman's welfare.4A woman to whom this section applies may not be detained under a relevant detention power for a period of—amore than 72 hours from the relevant time, orbmore than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).5In subsection (4) “the relevant time” means the later of—athe time at which the Secretary of State is first satisfied that the woman is pregnant, andbthe time at which the detention begins.6A woman to whom this section applies who has been released following detention under a relevant detention power may be detained again under such a power in accordance with this section.7This section does not apply to the detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 of an unaccompanied child to whom paragraph 18B of that Schedule applies.8In this section—“relevant detention power” means a power to detain under—paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), orsection 36(1) of the UK Borders Act 2007 (detention pending deportation);“woman” means a female of any age.9The Immigration Act 1971 is amended in accordance with subsections (10) and (11).10In paragraph 16 of Schedule 2 (detention of persons liable to examination or removal) after sub-paragraph (2A) insert—2BThe detention under sub-paragraph (2) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.11In paragraph 2 of Schedule 3 (detention or control pending deportation) after sub-paragraph (4) insert—4ZAThe detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.12In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) after subsection (7) insert—7AThe detention under this section of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.13In section 36 of the UK Borders Act 2007 (detention) after subsection (2) insert—2AThe detention under subsection (1) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.Immigration bail611Schedule 10 (immigration bail) has effect.2In that Schedule—aPart 1 contains the main provisions about immigration bail, andbPart 2 contains amendments to other Acts.3A person may be released and remain on bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971 even if the person can no longer be detained under a provision of the Immigration Acts to which that paragraph applies, if the person is liable to detention under such a provision.4The reference in subsection (3) to paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971 includes that paragraph as applied by any other provision of the Immigration Acts.5Subsections (3) and (4) are to be treated as always having had effect.6Subsections (3) to (5) are repealed on the coming into force of the repeal of paragraphs 22 and 29 of Schedule 2 to the Immigration Act 1971 by paragraph 20 of Schedule 10.<Emphasis>Power to cancel leave</Emphasis>Power to cancel leave extended under section 3C of the Immigration Act 1971621In section 3C of the Immigration Act 1971 (continuation of leave pending variation decision) after subsection (3) insert—3ALeave extended by virtue of this section may be cancelled if the applicant—ahas failed to comply with a condition attached to the leave, orbhas used or uses deception in seeking leave to remain (whether successfully or not).2In section 4(1) of that Act (persons by whom and means by which powers are to be exercised) after “conditions)” insert “ or to cancel any leave under section 3C(3A) ”. PART 4 AppealsAppeals within the United Kingdom: certification of human rights claims631Section 94B of the Nationality, Immigration and Asylum Act 2002 (appeals from within the United Kingdom: certification of human rights claims made by persons liable to deportation) is amended in accordance with subsections (2) to (5).2In the heading omit “made by persons liable to deportation”.3In subsection (1) omit the words from “who is liable” to the end of paragraph (b).4In subsection (2) for the words from “removal” to “removed” substitute “ refusing P entry to, removing P from or requiring P to leave the United Kingdom ”.5In subsection (3) for the words from “removed” in the first place it appears to “removed” in the second place it appears substitute “ refused entry to, removed from or required to leave the United Kingdom ”.6In section 92(3)(a) of that Act (cases where human rights claim appeal must be brought from outside the United Kingdom) omit “made by persons liable to deportation”.Continuation of leave: repeals641In the Immigration Act 1971 omit section 3D (continuation of leave following revocation).2In section 2(2)(a) of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals) omit “or 3D”.3In section 120(4)(b) of the Nationality, Immigration and Asylum Act 2002 (requirement to state additional grounds for application etc) omit “or 3D”.4In consequence of the repeals made by this section, the following are repealed—aparagraph 14(b)(i) of Schedule 1 to the Immigration, Asylum and Nationality Act 2006, andbparagraph 22 of Schedule 9 to the Immigration Act 2014.5The repeals made by this section do not apply in relation to a person (“P”) where—aP's leave was extended by virtue of section 3D of the Immigration Act 1971 immediately before 6 April 2015, andbimmediately before the coming into force of this section an appeal by P against the variation or revocation of P's leave to enter or remain in the United Kingdom was pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002.Deemed refusal of leave to enter: repeals651In the Immigration Act 1971 omit paragraph 2A(9) of Schedule 2 (deemed refusal of leave to enter).2In consequence of the repeal made by this section, paragraph 23 of Schedule 9 to the Immigration Act 2014 is repealed.3The repeals made by this section do not apply in relation to a person if, immediately before the coming into force of this section, the person's appeal by virtue of paragraph 2A(9) of Schedule 2 to the Immigration Act 1971 against the cancellation of the person's leave to enter under paragraph 2A(8) of that Schedule was pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002. PART 5 Support etc for certain categories of migrant<Emphasis>Support</Emphasis>Support for certain categories of migrant66Schedule 11 (support for certain categories of migrant) has effect.Unaccompanied refugee children: relocation and support671The Secretary of State must, as soon as possible after the passing of this Act, make arrangements to relocate to the United Kingdom and support a specified number of unaccompanied refugee children from other countries in Europe.2The number of children to be resettled under subsection (1) shall be determined by the Government in consultation with local authorities.3The relocation of children under subsection (1) shall be in addition to the resettlement of children under the Vulnerable Persons Relocation Scheme.Availability of local authority support68Schedule 12 (availability of local authority support) has effect.<Emphasis>Transfer of responsibility for relevant children</Emphasis>Transfer of responsibility for relevant children691This section applies in relation to a local authority ... (“the first authority”) if—athe authority has functions under any of the relevant provisions in relation to a relevant child, orbfunctions under any of the relevant provisions may be conferred on the authority in relation to a relevant child.2The first authority may make arrangements with another local authority in the same part of the United Kingdom (“the second authority”) under which—aif this section applies to the authority by virtue of paragraph (a) of subsection (1), the functions mentioned in that paragraph become functions of the second authority in relation to the relevant child, andbif this section applies to the authority by virtue of paragraph (b) of subsection (1), the functions mentioned in that paragraph become functions that may be conferred on the second authority in relation to the relevant child.3The effect of arrangements under subsection (2) is that, from the time at which the arrangements have effect in accordance with their terms—afunctions under the relevant provisions cease to be functions of, and may not be conferred on, the first authority in relation to the relevant child (“C”),bany of the relevant provisions which immediately before that time applied in relation to C as a result of C's connection with the first authority or the area of the first authority have effect as if C had that connection with the second authority or the area of the second authority (if that would not otherwise be the case), andcC is to be treated for the purposes of the relevant provisions as if C were not and had never been ordinarily resident in the area of the first authority (if that would otherwise be the case).3AThe first authority may make arrangements with another local authority in a different part of the United Kingdom (“the second authority”) having the effects mentioned in subsection (3B).3BThe effects are that, from the time at which the arrangements have effect in accordance with their terms—athe first authority ceases to have any functions in relation to the relevant child (“C”) under the relevant provisions and functions under those provisions may not be conferred on the first authority in relation to C,bC is to be treated as having a like connection with the second authority, or the area of the second authority, as C had immediately before that time with the first authority or the area of the first authority, andcC is to be treated for the purposes of the relevant provisions in relation to both the first authority and the second authority as if the first authority had never had any functions in relation to C.3CWhere a statutory provision would, but for this subsection, require the approval of a court or of any other person for arrangements under subsection (3A), that statutory provision does not apply in relation to such arrangements.4 Subsections (3)(b) and (3B)(b) are subject to any change in C's circumstances after the time at which the arrangements have effect.5Nothing in subsection (3) or (3B) affects any liability of the first authority in relation to C for any act or omission of the first authority before the time at which the arrangements have effect.6The Secretary of State may by regulations make further provision about the effect of arrangements under this section.7Arrangements under this section may not be brought to an end by the first or second authority once they have come into effect.8In this section “local authority”—ain relation to England and Wales has the same meaning as in the Children Act 1989 (see section 105(1) of that Act),bin relation to Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, andcin relation to Northern Ireland means a Health and Social Care trust established under Article 10 of the Health and Personal Services (Northern Ireland) Order 1991.8AIn this section “the relevant provisions”—ain relation to a local authority in England, means the provisions of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families and care, supervision and protection of children), andbin relation to a local authority in Wales, Scotland or Northern Ireland, means any statutory provision which confers functions on, or which are exercisable by, such an authority which correspond, or are similar, to the functions conferred on a local authority in England by or under any of those Parts of that Act.9In this section “relevant child” means—aa person under the age of 18 who is unaccompanied and has made a protection claim which has not been determined,ba person under the age of 18 who is unaccompanied and who—irequires leave to enter or remain in the United Kingdom but does not have it, andiiis a person of a kind specified in regulations made by the Secretary of State, orca person under the age of 18 who is unaccompanied and who—ihas leave to enter or remain in the United Kingdom, andiiis a person of a kind specified in regulations made by the Secretary of State.10The Secretary of State may by regulations make provision about the meaning of “unaccompanied” for the purposes of subsection (9).11In subsection (9)—a“protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002, andbthe reference to a protection claim having been determined is to be construed in accordance with section 94(3) of the Immigration and Asylum Act 1999.12In this section “statutory provision” means a provision made by or under—aan Act,ban Act of the Scottish Parliament,ca Measure or Act of the National Assembly for Wales, ordan Act of the Northern Ireland Assembly.13In this section a reference to a part of the United Kingdom is a reference to England, Wales, Scotland or Northern Ireland.Duty to provide information for the purposes of transfers of responsibility701The Secretary of State may direct a local authority ... to provide information of the kind specified in subsection (2) to the Secretary of State for the purposes of enabling—aarrangements to be made under section 69, orbthe Secretary of State to exercise functions under section 72.2The information mentioned in subsection (1) is—ainformation about the support or accommodation provided to children who are looked after by the local authority within the meaning of the relevant provisions;bsuch other information as may be specified in regulations made by the Secretary of State.3A local authority which is directed to provide information under this section must provide it—ain such form and manner as the Secretary of State may direct, andbbefore such time or before the end of such period as the Secretary of State may direct.4In this section “local authority” and “relevant provisions” have the same meanings as in section 69.Request for transfer of responsibility for relevant children711Subsection (2) applies if—aa local authority ... (“the first authority”) requests another local authority ... (“the second authority”) to enter into arrangements under section 69, andbthe second authority does not comply with the first authority's request.2The Secretary of State may direct the second authority to provide the first authority and the Secretary of State with written reasons for its failure to comply with the request.3In this section “local authority” has the same meaning as in section 69.Scheme for transfer of responsibility for relevant children721The Secretary of State may prepare a scheme for functions of, or which may be conferred on, a local authority ... (“the transferring authority”) to become functions of, or functions which may be conferred on, one or more other local authorities in the same part of the United Kingdom (a “receiving authority”) in accordance with arrangements under section 69(2).1AThe Secretary of State may prepare a scheme in relation to a local authority to which section 69 applies (“the transferring authority”) and one or more other local authorities in one or more other parts of the United Kingdom (“a receiving authority”) having the effects mentioned in section 69(3B).2A scheme under this section—amust specify the local authorities to which it relates, andbunless it relates to all relevant children who may be the subject of arrangements under section 69 between the transferring authority and each receiving authority, must specify the relevant child or children, or descriptions of relevant children, to which it relates.3The Secretary of State may direct the transferring authority and each receiving authority under a scheme under this section to comply with the scheme.4A direction may not be given under subsection (3) unless the Secretary of State is satisfied that compliance with the direction will not unduly prejudice the discharge by each receiving authority of any of its functions.5Before giving a direction under subsection (3) to a local authority, the Secretary of State must give the authority notice in writing of the proposed direction.6The Secretary of State may not give a direction to a local authority before the end of the period of 14 days beginning with the day on which notice under subsection (5) was given to it.7The local authority may make written representations to the Secretary of State about the proposed direction within that period.8The Secretary of State may modify or withdraw a direction under subsection (3) by notice in writing to the local authorities to which it was given.9A modification or withdrawal of a direction does not affect any arrangements made under section 69 pursuant to the direction before it was modified or withdrawn.10Subsections (5) to (7) apply to the modification or withdrawal of a direction as they apply to the giving of a direction, but as if—athe reference to the proposed direction were to the proposed modification or proposal to withdraw the direction, andbsubsection (6) permitted the Secretary of State to withdraw the direction before the end of the 14 day period with the agreement of the local authorities to which it applies.11In this section “local authority” , “relevant child” and “part of the United Kingdom” have the same meanings as in section 69.Extension to Wales, Scotland and Northern Ireland731The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for enabling any of the provisions of sections 69 to 72 to apply in relation to Wales, Scotland or Northern Ireland.2The Secretary of State may by regulations make provision which—ahas a similar effect to—iany of the provisions mentioned in subsection (1), oriiprovision which may be made under section 69(6) or (10), andbapplies in relation to Wales, Scotland or Northern Ireland.3Regulations under subsection (1) may amend, repeal or revoke any enactment (including an enactment contained in this Act).4Regulations under subsection (1) or (2) may not confer functions on—athe Welsh Ministers,bthe Scottish Ministers,cthe First Minister and deputy First Minister in Northern Ireland,da Northern Ireland Minister, orea Northern Ireland department.5In this section “enactment” includes—aan enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;ban enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales;can enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;dan enactment contained in, or in an instrument made under, Northern Ireland legislation. PART 6 Border securityPenalties relating to airport control areas741In paragraph 26 of Schedule 2 to the Immigration Act 1971 (supplementary duties of those connected with ships or aircraft or with ports) after sub-paragraph (3A) insert—4Part 1A of this Schedule makes provision for and in connection with the imposition of a penalty for certain breaches of sub-paragraph (2) or (3).2In that Schedule after Part 1 insert the Part 1A set out in Schedule 13.Maritime enforcement75Schedule 14 (maritime enforcement) has effect.Persons excluded from the United Kingdom under international obligations761In section 8 of the Immigration Act 1971 (exceptions for seamen, aircrews and other special cases) in subsection (5) after “expired” insert “ or otherwise ceased to be in force ”.2In section 8A of that Act (persons ceasing to be exempt) after subsection (3) insert—4References in this section to a person who ceases to be exempt do not include a person who ceases to be exempt by virtue of section 8B(3).3Section 8B of that Act (persons excluded from the United Kingdom under international obligations) is amended as follows.4In subsection (1) after paragraph (b) insert—(and any leave given to a person who is an excluded person is invalid).5For subsection (3) substitute—3Any exemption of a person from the provisions of this Act under section 8(1), (2) or (3) does not apply while the person is an excluded person.6In subsection (4) for “a designated instrument” substitute “ an instrument falling within subsection (5) ”.7In subsection (5) for “The Secretary of State may by order designate an instrument” substitute “ An instrument falls within this subsection ”.8After subsection (5) insert—5ASubsection (1), (2) or (3) does not apply to a person if—athe application of that subsection to that person would be contrary to the United Kingdom's obligations under—ithe Human Rights Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), oriithe Refugee Convention (within the meaning given by that provision), orbthe person has been exempted from the application of that subsection under a process applying by virtue of the instrument falling within subsection (5).9Omit subsections (6) to (8).PART 7Language requirements for public sector workersEnglish language requirements for public sector workers771A public authority must ensure that each person who works for the public authority in a customer-facing role speaks fluent English.2In determining how to comply with subsection (1), a public authority must have regard to the code of practice under section 80 that is for the time being applicable to that authority.3A public authority must operate an adequate procedure for enabling complaints to be made to the authority about breaches by the authority of subsection (1) and for the consideration of such complaints.4In determining whether a procedure is adequate for the purposes of subsection (3), a public authority must have regard to the code of practice under section 80 that is for the time being applicable to that authority.5For the purposes of this Part a person works for a public authority if the person works—aunder a contract of employment with the public authority,bunder a contract of apprenticeship with the public authority,cunder a contract to do work personally with the public authority,din England and Wales or Scotland, as an agency worker within the meaning of the Agency Workers Regulations 2010 (SI 2010/93) in respect of whom the public authority is the hirer within the meaning of those regulations,ein Northern Ireland, as an agency worker within the meaning of the Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350) in respect of whom the public authority is the hirer within the meaning of those regulations,ffor the public authority as a constable, orgfor the public authority in the course of Crown employment.6In subsection (5) “Crown employment”—ain relation to England and Wales and Scotland, has the meaning given by section 191(3) of the Employment Rights Act 1996,bin relation to Northern Ireland, has the meaning given by Article 236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919 (NI 16)), andcincludes service as a member of the armed forces of the Crown and employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996.7References in this Part to a person who works in a customer-facing role are to a person who, as a regular and intrinsic part of the person's role, is required to speak to members of the public in English.8For the purposes of this Part a person speaks fluent English if the person has a command of spoken English which is sufficient to enable the effective performance of the person's role.9This section applies in relation to a person who is working in a customer-facing role for a public authority when this section comes into force as well as to a person who begins to work in such a role after that time.10This section does not apply in relation to a person whose work is carried out wholly or mainly outside the United Kingdom.Meaning of “public authority”781Subject as follows, in this Part “public authority” means a person with functions of a public nature.2A person is not a public authority for the purposes of this Part if, apart from this subsection, the person would be a public authority for those purposes merely because the person exercises functions on behalf of another public authority.3A person who exercises functions in relation to Scotland is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to a reserved matter.4In subsection (3) “Scotland” and “reserved matter” have the same meanings as in the Scotland Act 1998.5A person who exercises functions in relation to Wales is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions are functions that could not be conferred by provision falling within the legislative competence of the National Assembly for Wales.6A person who exercises functions in relation to Northern Ireland is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to an excepted matter.7In subsection (6) “Northern Ireland” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.8The following are not public authorities for the purposes of this Part—athe Security Service;bthe Secret Intelligence Service;cthe Government Communications Headquarters.9The relevant Minister may by regulations amend subsection (8) so as to add, modify or remove a reference to a person or description of person with functions of a public nature.Power to expand meaning of person working for public authority791The relevant Minister may by regulations amend section 77 with the effect that a person who works for a contractor of a public authority is a person who works for the authority for the purposes of this Part.2In subsection (1) “contractor”, in relation to a public authority, means a person who—aprovides a service to members of the public as a result of an arrangement made with a public authority (whether or not by that person), butbis not a public authority.3For the purposes of subsection (1) a person works for a contractor if the person works—aunder a contract of employment with the contractor,bunder a contract of apprenticeship with the contractor,cunder a contract to do work personally with the contractor,din England and Wales or Scotland, as an agency worker within the meaning of the Agency Workers Regulations 2010 (SI 2010/93) in respect of whom the contractor is the hirer within the meaning of those regulations, orein Northern Ireland, as an agency worker within the meaning of the Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350) in respect of whom the contractor is the hirer within the meaning of those regulations.Duty to issue codes of practice801The relevant Minister must issue a code or codes of practice for the purposes of section 77.2A code of practice must include provision about the following matters—athe standard of spoken English to be met by a person working for a public authority to which the code applies in a customer-facing role;bthe action available to such a public authority where such a person does not meet that standard;cthe procedure to be operated by such a public authority for enabling complaints to be made to the authority about breaches by the authority of section 77(1) and for the consideration of such complaints;dhow the public authority is to comply with its other legal obligations as well as complying with the duty in section 77(1).3A code of practice may make such other provision as the relevant Minister considers appropriate for securing that a person who works for a public authority to which the code applies in a customer-facing role speaks fluent English.4A code of practice may make provision in relation to—aall public authorities,bparticular descriptions of public authority, orcparticular public authorities.5But the relevant Minister must ensure that there is at all times a code of practice in force which applies to each public authority.6A code of practice may make different provision for different purposes, including different provision for different public authorities or descriptions of public authority.Procedure for codes of practice811In preparing a code of practice the relevant Minister must consult such persons as the relevant Minister thinks appropriate.2Before issuing a code of practice the relevant Minister must lay a draft of the code before Parliament.3A code of practice comes into force in accordance with provision made by regulations made by the relevant Minister.4After a code of practice has come into force the relevant Minister must publish it in such manner as the relevant Minister thinks appropriate.5The relevant Minister may from time to time review a code of practice and may revise and re-issue it following a review.6References in subsections (1) to (4) to a code of practice include a revised code.Application of Part to Wales821Subsection (2) makes provision about the application of this Part in relation to—aa public authority that exercises functions only in Wales, andba public authority that exercises functions outside Wales and in Wales, to the extent that it exercises functions in Wales.2In the provisions of this Part listed in subsection (3) references to English are to be read as references to English or Welsh.3Those provisions are—asection 77(1), (7) and (8), andbsection 80(2)(a) and (3).Interpretation of Part83In this Part—“contract” means a contract whether express or implied and, if express, whether oral or in writing;“public authority” has the meaning given by section 78;“relevant Minister” means the Secretary of State or the Minister for the Cabinet Office ;“Wales” has the same meaning as in the Government of Wales Act 2006.Crown application84This Part binds the Crown. PART 8 Fees and charges<Emphasis>Immigration</Emphasis>Immigration skills charge851The Immigration Act 2014 is amended as follows.2After section 70 insert—Immigration skills charge70A1The Secretary of State may by regulations provide for a charge to be imposed on—apersons who make immigration skills arrangements, orbany description of such persons.2“Immigration skills arrangements” are arrangements made by a person (“the sponsor”) with the Secretary of State with a view to securing that an individual who is not exempt for the purposes of this section is granted entry clearance or leave to remain in the United Kingdom to enable the individual to work for the sponsor in the United Kingdom.3Regulations under this section may in particular—aimpose a separate charge on a sponsor in respect of each individual in relation to whom the sponsor makes immigration skills arrangements;bspecify the amount of any charge (and different amounts may be specified for different purposes);cmake provision about when or how a charge may or must be paid to the Secretary of State;dmake provision about the consequences of a sponsor failing to pay a charge;eprovide for exemptions from a charge;fprovide for the reduction, waiver or refund of part or all of a charge (whether by conferring a discretion or otherwise).4Sums paid by virtue of regulations under this section must—abe paid into the Consolidated Fund, orbbe applied in such other way as the regulations may specify.5Regulations under this section may be made only with the consent of the Treasury.6An individual is exempt for the purposes of this section if he or she is—aa British citizen;ba national of an EEA State other than the United Kingdom;ca national of Switzerland;dotherwise entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.7In this section “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971.3In section 74(2) (orders and regulations which are subject to affirmative resolution procedure) after paragraph (j) insert—jaregulations under section 70A;.<Emphasis>Passports and civil registration</Emphasis>Power to make passport fees regulations861The Secretary of State may by regulations provide for fees to be charged in respect of the exercise by the Secretary of State of such functions in connection with applications for the issue of a passport or other travel document as may be specified.2Regulations under subsection (1) are referred to in this section and section 87 as “passport fees regulations”.3Passport fees regulations must provide for the fee in respect of the exercise of each specified function to comprise one or more amounts each of which is—aa specified fixed amount, orban amount calculated by reference to a specified hourly rate or other specified factor.4Provision made under subsection (3) may be intended to result in a fee in respect of a specified function which exceeds the costs of exercising the function.5In specifying the amount of any fee, or hourly rate or other factor, the Secretary of State may have regard only to the costs of exercising—athe function;bany other function of the Secretary of State in connection with United Kingdom passports or other UK travel documents;cany consular function.This is subject to section 87(5).6In respect of any fee provided for under this section, passport fees regulations may—aprovide for exceptions;bprovide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);cmake provision about—ithe consequences of failure to pay a fee;iienforcement;iiiwhen a fee may or must be paid.7In this section—“consular function” means—any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968;any function in the United Kingdom which corresponds to a function mentioned in paragraph (a);in each case regardless of whether the function is exercised by a consular officer or by another person authorised by the Secretary of State;“costs” includes—the costs of the Secretary of State, andthe costs of any other person (whether or not funded from public money);“function” includes a power or a duty;“specified” means specified in passport fees regulations;“travel document” means a document which enables or facilitates travel from one state to another and a “UK travel document” means such a document issued by the Secretary of State;“United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33 of that Act).8Any reference in this section to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise—aat particular times or in a particular place;bunder particular arrangements;cotherwise in particular ways,and, for this purpose, “arrangements” includes arrangements for the convenience of applicants or persons making requests for the exercise of a function.Passport fees regulations: supplemental871Passport fees regulations may be made only with the consent of the Treasury.2A fee under section 86 may relate to something done outside the United Kingdom.3Fees payable by virtue of section 86 may be recovered as a debt due to the Secretary of State.4Fees paid to the Secretary of State by virtue of section 86 must be—apaid into the Consolidated Fund, orbapplied in such other way as passport fees regulations may specify.5Section 86 is without prejudice to—asection 1 of the Consular Fees Act 1980 (fees for consular acts etc),bsection 102 of the Finance (No 2) Act 1987 (government fees and charges), orcany other power to charge a fee.Power to charge for passport validation services881The Secretary of State may charge a fee in respect of the provision of passport validation services to persons on request.2“Passport validation services” are services in connection with confirming the validity of United Kingdom passports or the accuracy of the information contained in them which are provided for the purpose of preventing or detecting crime.3In this section “United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33 of that Act).4A fee payable under this section may be recovered as a debt due to the Secretary of State.5Fees paid to the Secretary of State under this section must be—apaid into the Consolidated Fund, orbapplied in such other way as the Secretary of State may by regulations specify.6Regulations under subsection (5) may be made only with the consent of the Treasury.7This section is without prejudice to—asection 1 of the Consular Fees Act 1980 (fees for consular acts etc),bsection 102 of the Finance (No 2) Act 1987 (government fees and charges), orcany other power to charge a fee.Civil registration fees891Schedule 15 (civil registration fees) has effect.2In that Schedule—aPart 1 amends enactments about civil registration in connection with powers to make regulations for the charging of fees, andbPart 2 makes consequential and related amendments. PART 9 Miscellaneous and general<Emphasis>Welfare of children</Emphasis>Duty regarding the welfare of children90For the avoidance of doubt, this Act does not limit any duty imposed on the Secretary of State or any person by section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding welfare of children).<Emphasis>Final provisions</Emphasis>Financial provisions91The following are to be paid out of money provided by Parliament—aany expenditure incurred under or by virtue of this Act by a Minister of the Crown, a person holding office under Her Majesty or a government department, andbany increase attributable to the Act in the sums payable under any other Act out of money so provided.Transitional and consequential provision921The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.2The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.3The provision that may be made by regulations under subsection (2) includes provision amending, repealing or revoking any enactment.4“Enactment” includes—aan enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;ban enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;can enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;dan enactment contained in, or in an instrument made under, Northern Ireland legislation.5In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—aomit the “and” at the end of paragraph (i), andbat the end of paragraph (j) insert, and kthe Immigration Act 2016.Regulations931Regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act are to be made by statutory instrument.2A statutory instrument containing (whether alone or with other provision) any of 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—aregulations under section 3 which amend or repeal primary legislation,bregulations under section 6,cregulations under section 11 which amend or repeal primary legislation,dregulations under section 14, 15 or 21,eregulations under section 36(2),fregulations under section 42(1) or (2),faregulations under section 69(6) or (10),fbregulations under section 70(2)(b),gregulations under section 73(1) or (2),hregulations under section 78(9),iregulations under section 79(1),jpassport fees regulations within the meaning of section 86 which include provision specifying functions as mentioned in subsection (1) of that section,kregulations under section 92(2) which amend or repeal primary legislation,lregulations under paragraph 1(13) of Schedule 6, andmregulations under paragraph 2(7) of that Schedule.3Primary legislation means any of the following—aan Act of Parliament;ban Act of the Scottish Parliament;ca Measure or Act of the National Assembly for Wales;dNorthern Ireland legislation.4A statutory instrument—acontaining any other regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act, andbto which subsection (2) does not apply,is subject to annulment in pursuance of a resolution of either House of Parliament.5Subsection (4) does not apply to regulations under section 92(1) or 94(1).6Regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act—amay make different provision for different purposes or areas,bmay make provision which applies generally or for particular purposes or areas,cmay make transitional, transitory or saving provision, ordmay make incidental, supplementary or consequential provision.Commencement941Subject to subsections (3) to (5) this Act comes into force on such day as the Secretary of State appoints by regulations.2Regulations under subsection (1) may appoint different days for different purposes or areas.3Subsections (3) to (5) of section 61 come into force on the day on which this Act is passed.4Section 85 comes into force at the end of the period of two months beginning with the day on which this Act is passed.5This Part comes into force on the day on which this Act is passed.Extent951This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.4But 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 that Schedule).5Her 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.6A power under any provision listed in subsection (7) may be exercised so as to extend (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.7Those provisions are—asection 36 of the Immigration Act 1971,bsection 52(2) of the Civil Jurisdiction and Judgments Act 1982,csection 9(3) of the Special Immigration Appeals Commission Act 1997,dsection 170(7) of the Immigration and Asylum Act 1999,esection 163(4) of the Nationality, Immigration and Asylum Act 2002,fsection 49(3) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004,gsection 63(3) of the Immigration, Asylum and Nationality Act 2006,hsection 60(4) of the UK Borders Act 2007,isection 76(6) of the Immigration Act 2014, andjsection 60(6) of the Modern Slavery Act 2015.Short title96This Act may be cited as the Immigration Act 2016.SCHEDULESSCHEDULE 1Persons to whom Director etc may disclose information Section 6<Emphasis>Authorities with functions in connection with the labour market or the work place etc</Emphasis><P DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/1/crossheading/authorities-with-functions-in-connection-with-the-labour-market-or-the-work-place-etc/paragraph/wrapper7n2" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/1/crossheading/authorities-with-functions-in-connection-with-the-labour-market-or-the-work-place-etc/paragraph/wrapper7n2" id="schedule-1-crossheading-authorities-with-functions-in-connection-with-the-labour-market-or-the-work-place-etc_paragraph-wrapper7n2" shortId="schedule-1-paragraph-wrapper7"><UnorderedList Decoration="none"><ListItem><Para><Text>The Secretary of State.</Text></Para></ListItem><ListItem><Para><Text>HMRC Commissioners.</Text></Para></ListItem><ListItem><Para><Text>A person by whom, or by whose officers, labour market enforcement functions are exercisable.</Text></Para></ListItem><ListItem><Para><Text>The Health and Safety Executive.</Text></Para></ListItem><ListItem><Para><Text>An 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).</Text></Para></ListItem><ListItem><Para><Text>An inspector appointed by such an enforcing authority (see section 19 of that Act).</Text></Para></ListItem><ListItem><Para><Text>An enforcement authority within the meaning of regulation 28 of the Working Time Regulations 1998 (S.I. 1998/1833).</Text></Para></ListItem><ListItem><Para><Text>An inspector appointed by such an enforcement authority (see Schedule 3 to those Regulations).</Text></Para></ListItem><ListItem><Para><Text>The Low Pay Commission.</Text></Para></ListItem><ListItem><Para><Text>The Pensions Regulator.</Text></Para></ListItem></UnorderedList></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/1/crossheading/law-enforcement-and-border-security" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/1/crossheading/law-enforcement-and-border-security" id="schedule-1-crossheading-law-enforcement-and-border-security" RestrictStartDate="2016-07-12"><Title><Emphasis>Law enforcement and border security</Emphasis><P DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/1/crossheading/law-enforcement-and-border-security/paragraph/wrapper8n2" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/1/crossheading/law-enforcement-and-border-security/paragraph/wrapper8n2" id="schedule-1-crossheading-law-enforcement-and-border-security_paragraph-wrapper8n2" shortId="schedule-1-paragraph-wrapper8"><UnorderedList Decoration="none"><ListItem><Para><Text>A chief officer of police for a police area in England and Wales.</Text></Para></ListItem><ListItem><Para><Text>A local policing body within the meaning given by section 101(1) of the Police Act 1996.</Text></Para></ListItem><ListItem><Para><Text>The chief constable of the British Transport Police Force.</Text></Para></ListItem><ListItem><Para><Text>The chief constable of the Police Service of Scotland.</Text></Para></ListItem><ListItem><Para><Text>The Chief Constable of the Police Service of Northern Ireland.</Text></Para></ListItem><ListItem><Para><Text>A person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.</Text></Para></ListItem></UnorderedList></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/1/crossheading/local-government" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/1/crossheading/local-government" id="schedule-1-crossheading-local-government" RestrictStartDate="2016-07-12"><Title><Emphasis>Local government</Emphasis><P DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/1/crossheading/local-government/paragraph/wrapper9n2" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/1/crossheading/local-government/paragraph/wrapper9n2" id="schedule-1-crossheading-local-government_paragraph-wrapper9n2" shortId="schedule-1-paragraph-wrapper9"><UnorderedList Decoration="none"><ListItem><Para><Text>A county or district council in England.</Text></Para></ListItem><ListItem><Para><Text>A London borough council.</Text></Para></ListItem><ListItem><Para><Text>The Greater London Authority.</Text></Para></ListItem><ListItem><Para><Text>The Common Council of the City of London.</Text></Para></ListItem><ListItem><Para><Text>The Council of the Isles of Scilly.</Text></Para></ListItem><ListItem><Para><Text>A county or county borough council in Wales.</Text></Para></ListItem><ListItem><Para><Text>A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.</Text></Para></ListItem><ListItem><Para><Text>A district council in Northern Ireland.</Text></Para></ListItem></UnorderedList></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/1/crossheading/health-bodies" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/1/crossheading/health-bodies" id="schedule-1-crossheading-health-bodies" RestrictStartDate="2016-07-12"><Title><Emphasis>Health bodies</Emphasis><P DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/1/crossheading/health-bodies/paragraph/wrapper10n2" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/1/crossheading/health-bodies/paragraph/wrapper10n2" id="schedule-1-crossheading-health-bodies_paragraph-wrapper10n2" shortId="schedule-1-paragraph-wrapper10"><UnorderedList Decoration="none"><ListItem><Para><Text>The Care Quality Commission.</Text></Para></ListItem><ListItem><Para><Text>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.</Text></Para></ListItem><ListItem><Para><Text>An <Acronym Expansion="National Health Service">NHS</Acronym> foundation trust within the meaning given by section 30 of the National Health Service Act 2006.</Text></Para></ListItem><ListItem><Para><Text>A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.</Text></Para></ListItem></UnorderedList></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/1/crossheading/other" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/1/crossheading/other" id="schedule-1-crossheading-other" RestrictStartDate="2016-07-12"><Title><Emphasis>Other</Emphasis><P DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/1/crossheading/other/paragraph/wrapper11n2" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/1/crossheading/other/paragraph/wrapper11n2" id="schedule-1-crossheading-other_paragraph-wrapper11n2" shortId="schedule-1-paragraph-wrapper11"><UnorderedList Decoration="none"><ListItem><Para><Text>The Independent Anti-slavery Commissioner.</Text></Para></ListItem><ListItem><Para><Text>A Northern Ireland department.</Text></Para></ListItem></UnorderedList></P1group></Pblock></ScheduleBody></Schedule><Schedule DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/2" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/2" NumberOfProvisions="20" id="schedule-2" RestrictStartDate="2016-07-12"><Number>SCHEDULE 2</Number><TitleBlock><Title>Functions in relation to labour market Section 11<Emphasis>Employment Agencies Act 1973 (c. 35)</Emphasis>1The Employment Agencies Act 1973 is amended as follows.2Before section 9 insert—Appointment of officers8A1The Secretary of State may—aappoint officers to act for the purposes of this Act, andbinstead of or in addition to appointing any officers under this section, arrange with any relevant authority for officers of that authority to act for those purposes.2The following are relevant authorities—aany Minister of the Crown or government department;bany body performing functions on behalf of the Crown;cthe Gangmasters and Labour Abuse Authority.31Section 9 (inspection) is amended as follows.2Before subsection (1) insert—A1This 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).3In subsection (1), for “duly authorised in that behalf by the Secretary of State” substitute “ acting for the purposes of this Act ”.4In 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 State” substitute “ acting for the purposes of this Act, ”.<Emphasis>National Minimum Wage Act 1998 (c. 39)</Emphasis>4The National Minimum Wage Act 1998 is amended as follows.5In section 13 (appointment of officers for enforcement)—ain subsection (1)(b), for the words from “Minister of the Crown” to “body shall” substitute “ relevant authority for officers of that authority to ”;bafter subsection (1) insert—1AThe following are relevant authorities—aany Minister of the Crown or government department;bany body performing functions on behalf of the Crown;cthe Gangmasters and Labour Abuse Authority.6In section 14 (powers of officers) before subsection (1) insert—A1This 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).7In section 15 (information obtained by officers)—ain subsection (3)(b), after “any” insert “ eligible ”;bin subsection (4)(a), after “to any” insert “ eligible ”;cin subsection (8), for the words from “ “relevant” to “body which,” substitute “ “eligible relevant authority” means any relevant authority within the meaning given by section 13(1A) which”.<Emphasis>Modern Slavery Act 2015 (c.30)</Emphasis>8The Modern Slavery Act 2015 is amended as follows.9Before section 12 (but after the italic heading before it) insert—Enforcement by Gangmasters and Labour Abuse Authority11A1The 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 the Immigration Act 2016) has been, is being or may be committed.2For 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 Evidence Act 1984 (PACE powers for labour abuse prevention officers).101Section 15 (slavery and trafficking prevention orders on application) is amended as follows.2In subsection (1)—aomit the “or” after paragraph (b);bafter paragraph (c) insert, or dthe Gangmasters and Labour Abuse Authority.3In subsection (7)—afor “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;bfor “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.4In subsection (8)(b)—afor “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;bfor “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.11In section 19(7) (requirement to provide name and address)—afor “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;bfor “or the officer” substitute “ , the officer or the Authority ”.121Section 20 (variation, renewal and discharge) is amended as follows.2In subsection (2), after paragraph (f) insert—gwhere the order was made on an application under section 15 by the Gangmasters and Labour Abuse Authority, the Authority.3In subsection (9)—afor “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;bfor “or the Director General”, in the second and third places it occurs, substitute “ , the Director General or the Authority ”.131Section 23 (slavery and trafficking risk orders) is amended as follows.2In subsection (1)—aomit the “or” after paragraph (b);bafter paragraph (c) insert, or dthe Gangmasters and Labour Abuse Authority.3In subsection (6)—afor “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;bfor “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.4In subsection (7)(b)—afor “or the Director General” substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;bfor “or Director General” substitute “ , the Director General or the Authority ”.14In section 26(7) (requirement to provide name and address)—afor “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;bfor “or the officer” substitute “ , the officer or the Authority ”.151Section 27 (variation, renewal and discharge) is amended as follows.2In subsection (2), after paragraph (f) insert—gwhere the order was made on an application by the Gangmasters and Labour Abuse Authority, the Authority.3In subsection (7)—afor “or the Director General” in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;bfor “or the Director General” in the second and third places it occurs, substitute “ , the Director General or the Authority ”.16After section 30 (offences) insert—Enforcement by Gangmasters and Labour Abuse Authority30A1The 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 the Immigration Act 2016) has been, is being or may be committed.2For 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 Evidence Act 1984 (PACE powers for labour abuse prevention officers).17In section 33 (guidance), in subsection (1) for “and the Director General of the National Crime Agency” substitute “ , the Director General of the National Crime Agency and the Gangmasters and Labour Abuse Authority ”.SCHEDULE 3Consequential and related amendments Section 31<Emphasis>Public Records Act 1958 (c. 51)</Emphasis>1In the Public Records Act 1958, in Schedule 1 (definition of public records), in Part 2 of the Table at the end of paragraph 3 (other establishments and organisations), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.<Emphasis>Parliamentary Commissioner Act 1967 (c. 13)</Emphasis>2In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments etc subject to investigation)—aat the appropriate place insert “ Director of Labour Market Enforcement ”;bfor “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.<Emphasis>Superannuation Act 1972 (c. 11)</Emphasis>3In the Superannuation Act 1972, in Schedule 1 (kinds of employment to which that Act applies)—aunder the heading “Other bodies”, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;bunder the heading “Offices”, at the appropriate place insert “ Director of Labour Market Enforcement ”.<Emphasis>Employment Agencies Act 1973 (c. 35)</Emphasis>41Section 9 of the Employment Agencies Act 1973 (inspection) is amended as follows.2In subsection (4)—ain paragraph (a), for the words before sub-paragraph (i) substitute “ No information to which this subsection applies shall be disclosed except— ”;bat the end of paragraph (a) insert; or viito an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); orviiito an officer acting for the purposes of Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 for any purpose relating to that Part; orixto the Pensions Regulator for the purposes of the exercise of any function of the Regulator; orxto the Care Quality Commission for the purposes of the exercise of any function of the Commission.3After subsection (4) insert—5Subsection (4) applies to—ainformation obtained in the course of exercising the powers conferred by this section,binformation obtained pursuant to section 15(5A) of the National Minimum Wage Act 1998, andcinformation obtained in the course of exercising powers by virtue of section 26(1) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).<Emphasis>House of Commons Disqualification Act 1975 (c. 24)</Emphasis>5In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—ain Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;bin Part 3 (other disqualifying offices), at the appropriate place insert “ Director of Labour Market Enforcement ”.<Emphasis>Northern Ireland Assembly Disqualification Act 1975 (c. 25)</Emphasis>6In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—ain Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;bin Part 3 (other disqualifying offices), at the appropriate place insert “ Director of Labour Market Enforcement ”.<Emphasis>National Minimum Wage Act 1998 (c. 39)</Emphasis>71Section 15 of the National Minimum Wage Act 1998 (information obtained by officers) is amended as follows.2In subsection (1)—aafter “to” insert— a;bat the end insert, and bany information obtained by an officer acting by virtue of section 26(2) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).3After subsection (5B) insert—5CInformation to which this section applies—amay be supplied by, or with the authorisation of, the Secretary of State to an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); andbmay be used by an officer so acting for any purpose for which the officer is so acting.<Emphasis>Regulation of Investigatory Powers Act 2000 (c. 23)</Emphasis>8In the Regulation of Investigatory Powers Act 2000, in Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for purposes of sections 28 and 29 of that Act) in paragraph 20E for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.<Emphasis>Freedom of Information Act 2000 (c. 36)</Emphasis>9In the Freedom of Information Act 2000, in Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general)—aat the appropriate place insert “ Director of Labour Market Enforcement ”;bfor “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.<Emphasis>Police Reform Act 2002 (c. 30)</Emphasis>10The Police Reform Act 2002 is amended as follows.11In section 10 (general functions of the Independent Police Complaints Commission)—ain subsection (1), after paragraph (g) insert—gato carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).;bin subsection (3), after paragraph (bc) insert—bdany regulations under section 26D of this Act (labour abuse prevention officers);.12After section 26C insert—Labour abuse prevention officers26D1The Secretary of State may make regulations conferring functions on the Commission in relation to the exercise of functions by officers of the Gangmasters and Labour Abuse Authority (the “Authority”) in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).2Regulations under this section may, in particular—aapply (with or without modifications), or make provision similar to, any provision of or made under this Part;bmake provision for payment by the Authority to, or in respect of, the Commission.3The Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—athe Commission has functions by virtue of this section, andbthe Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.4An officer of the Authority may disclose information to the Commission, or to a person acting on the Commission's behalf, for the purposes of the exercise by the Commission, or by any person acting on the Commission's behalf, of an Authority complaints function.5The Commission and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—aby virtue of this section, orbunder the Parliamentary Commissioner Act 1967.6Regulations under this section may, in particular, make—afurther provision about the disclosure of information under subsection (4) or (5);bprovision about the further disclosure of information that has been so disclosed.7In this section “Authority complaints function” means a function in relation to the exercise of functions by officers of the Authority.<Emphasis>Gangmasters (Licensing) Act 2004 (c. 11)</Emphasis>13The Gangmasters (Licensing) Act 2004 is amended as follows.14In the italic heading before section 1, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.15In section 1 (Gangmasters Licensing Authority)—ain the heading, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;bfor subsection (1) substitute—1The body known as the Gangmasters Licensing Authority is to continue to exist and is to be known as the Gangmasters and Labour Abuse Authority (in this Act referred to as “the Authority”).;cafter subsection (3) insert—3AWhen carrying out functions during a year to which a labour market enforcement strategy approved under section 2 of the Immigration Act 2016 relates, the Authority and its officers must carry out those functions in accordance with the strategy.16In section 2 (directions etc by the Secretary of State), in subsection (2) after “the Authority” insert “ and the Director of Labour Market Enforcement ”.17In section 3 (work to which Act applies)—ain subsection (5)(b), for the words from “the following nature” to the end substitute “ a prescribed description as being work to which this Act applies ”;bafter subsection (5) insert—6The Secretary of State must consult the Authority and the Director of Labour Market Enforcement before making regulations under subsection (5).18In section 8 (general power of Authority to make rules)—ain subsection (1), after “may” insert “ with the approval of the Secretary of State ”;bomit subsection (3).19In section 14 (offences: supplementary provisions) after subsection (2) insert—2ASubsections (1) and (2) do not apply to an enforcement officer who is 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).20In section 15 (enforcement and compliance officers) after subsection (6) insert—6ASubsections (5) and (6) do not apply to an enforcement officer who is 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).21In section 16 (powers of officers) before subsection (1) insert—A1This section does not apply to an enforcement officer who is 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).22In section 17 (entry by warrant) before subsection (1) insert—A1This section does not apply to an enforcement officer who is 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).231Section 19 (information relating to gangmasters) is amended as follows.2In subsection (1)—afor the words before paragraph (a) substitute “ Information to which this subsection applies— ”;bfor paragraph (a) substitute—amay be supplied to any person for use for the purposes of, or for any purpose connected with, the exercise of functions under this Act,aamay be supplied to any person by whom, or by whose officers, labour market enforcement functions are exercisable for the purposes of, or for any purpose connected with, the exercise of such functions, and.3After subsection (1) insert—1ASubsection (1) applies to—ainformation held by any person for the purposes of, or for any purpose connected with, the exercise of functions under this Act, andbinformation held by any officer acting by virtue of section 26(3) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).1BIn subsection (1) “labour market enforcement functions” has the same meaning as in Chapter 1 of Part 1 of the Immigration Act 2016 (see section 3 of that Act).4In subsection (2)—aomit “relating to the operations of a person acting as a gangmaster”;bfor “(1)(b)” substitute “ (1)(aa) or (b) ”.241Schedule 2 (application of Act to Northern Ireland) is amended as follows.2In the italic heading before paragraph 3, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.3In paragraph 6—aafter “work in Northern Ireland,” insert— a;bat the end insert, and bthe requirement under subsection (2) of that section to consult the Director of Labour Market Enforcement is to be ignored.4In paragraph 7, for paragraph (b) substitute—bparagraph (b) is to be read as if for “work of a prescribed description as being work to which this Act applies” there were substituted “work of the following nature as being work to which this Act applies—ithe gathering (by any manner) of wild creatures, or wild plants, of a prescribed description and the processing and packaging of anything so gathered, andiithe harvesting of fish from a fish farm (within the meaning of the Fisheries Act (NI) 1966 (c 17 (NI)).5In paragraph 10, for sub-paragraph (2) substitute—2Section 8(1) as it applies in relation to Northern Ireland licences is to be read as if the words “with the approval of the Secretary of State” were omitted.3The Authority must consult the relevant Northern Ireland department before making any Northern Ireland rules about fees.6After paragraph 16 insert—<Emphasis>Section 19: Information relating to gangmasters</Emphasis>16A1Section 19 as it applies in relation to Northern Ireland functions is to be read as if—aparagraph (aa) of subsection (1) (and the reference to it in subsection (2)) were omitted,bsubsections (1A)(b) and (1B) were omitted, andcin subsection (2), after “Information” there were inserted the words “ relating to the operations of a person acting as a gangmaster ”.2In this paragraph “Northern Ireland functions” means functions under this Act in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland.<Emphasis>Section 22A: Relationship with other agencies: requests for assistance</Emphasis>16BSection 22A does not apply in relation to the Authority's functions in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland.<Emphasis>Pensions Act 2004 (c. 35)</Emphasis>25In the Pensions Act 2004, in Schedule 3 (certain permitted disclosures of restricted information held by the Pensions Regulator), at the end of the table insert—

Director of Labour Market Enforcement or a member of staff provided to the Director under section 1(4) of the Immigration Act 2016.

Any of the Director's functions.

<Emphasis>Natural Environment and Rural Communities Act 2006 (c. 16)</Emphasis>26In the Natural Environment and Rural Communities Act 2006, in Schedule 7 (designated bodies), in paragraph 13, for “Gangmasters' Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.<Emphasis>Regulatory Enforcement and Sanctions Act 2008 (c. 13)</Emphasis>27In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 5 (designated regulators), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.<Emphasis>Modern Slavery Act 2015 (c. 30)</Emphasis>28The Modern Slavery Act 2015 is amended as follows.29In section 52 (duty to notify Secretary of State about suspected victims of slavery or human trafficking), in subsection (5)(k), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.30At the beginning of Part 7, after the italic heading “Miscellaneous” insert—Gangmasters and Labour Abuse Authority: information gateways54A1A specified person may disclose information to the Gangmasters and Labour Abuse Authority (the “Authority”) or a relevant officer if the disclosure is made for the purposes of the exercise of any function of the Authority or the officer under this Act.2Information obtained by the Authority or a relevant officer in connection with the exercise of any function of the Authority or the officer under this Act may be used by the Authority or the officer in connection with the exercise of any other such function of the Authority or the officer.3The Authority or a relevant officer may disclose to a specified person information obtained in connection with the exercise of any function of the Authority or the officer under this Act if the disclosure is made for the purposes of the exercise of any function of the specified person.4A disclosure of information which is authorised by this section does not breach—aan obligation of confidence owed by the person making the disclosure, orbany other restriction on the disclosure of information (however imposed).5But nothing in this section authorises the making of a disclosure which—acontravenes the Data Protection Act 1998, orbis prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.6This section does not limit the circumstances in which information may be disclosed apart from this section.7“Specified person” means a person specified in Schedule 4A (information gateways: specified persons).8The Secretary of State may by regulations amend Schedule 4A.9In this section, “relevant officer” means an officer of the Authority who is acting for the purposes of Part 1 or 2 of this Act (see sections 11A and 30A).31Omit section 55 (review of Gangmasters Licensing Authority).32In section 58 (regulations), in subsection (4), after paragraph (j) insert—jaregulations under section 54A(8) (power to amend Schedule 4A);.33In section 60 (extent)—ain subsection (1), after “section 53)” insert “ and section 54A, and Schedule 4A, in Part 7 ”;bin subsection (3), after “and 7” insert “ (except for section 54A and Schedule 4A) ”.34In Schedule 3 (public authorities under duty to co-operate with the Independent Anti-slavery Commissioner), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.35After Schedule 4 insert—SCHEDULE 4AInformation gateways: specified persons Section 54A<Emphasis>Authorities with functions in connection with the labour market etc</Emphasis><UnorderedList Decoration="none"><ListItem><Para><Text>The Secretary of State.</Text></Para></ListItem><ListItem><Para><Text>A person by whom, or by whose officers, labour market enforcement functions (within the meaning given by section 3 of the Immigration Act 2016) are exercisable.</Text></Para></ListItem></UnorderedList></P1group></Pblock><Pblock><Title><Emphasis>Law enforcement and border security</Emphasis><UnorderedList Decoration="none"><ListItem><Para><Text>A chief officer of police for a police area in England and Wales.</Text></Para></ListItem><ListItem><Para><Text>The chief constable of the British Transport Police Force.</Text></Para></ListItem><ListItem><Para><Text>An immigration officer.</Text></Para></ListItem></UnorderedList></P1group></Pblock><Pblock><Title><Emphasis>Local government</Emphasis><UnorderedList Decoration="none"><ListItem><Para><Text>A county council in England or Wales.</Text></Para></ListItem><ListItem><Para><Text>A county borough council in Wales.</Text></Para></ListItem><ListItem><Para><Text>A district council in England.</Text></Para></ListItem><ListItem><Para><Text>A London borough council.</Text></Para></ListItem><ListItem><Para><Text>The Greater London Authority.</Text></Para></ListItem><ListItem><Para><Text>The Common Council of the City of London.</Text></Para></ListItem><ListItem><Para><Text>The Council of the Isles of Scilly.</Text></Para></ListItem></UnorderedList></P1group></Pblock><Pblock><Title><Emphasis>Health bodies</Emphasis><UnorderedList Decoration="none"><ListItem><Para><Text>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.</Text></Para></ListItem><ListItem><Para><Text>An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.</Text></Para></ListItem><ListItem><Para><Text>A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.</Text></Para></ListItem></UnorderedList></P1group></Pblock><Pblock><Title><Emphasis>Other</Emphasis><UnorderedList Decoration="none"><ListItem><Para><Text>The Independent Anti-slavery Commissioner.</Text></Para></ListItem></UnorderedList></P1group></Pblock></ScheduleBody></Schedule></BlockAmendment></P1para></P1></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/3/crossheading/human-trafficking-and-exploitation-criminal-justice-and-support-for-victims-act-northern-ireland-2015-c-2-ni" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/3/crossheading/human-trafficking-and-exploitation-criminal-justice-and-support-for-victims-act-northern-ireland-2015-c-2-ni" NumberOfProvisions="1" id="schedule-3-crossheading-human-trafficking-and-exploitation-criminal-justice-and-support-for-victims-act-northern-ireland-2015-c-2-ni" RestrictStartDate="2016-07-12"><Title><Emphasis>Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)</Emphasis>36In the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in Schedule 3 (slavery and trafficking prevention orders), in Part 3 (supplementary) in paragraph 18(7)(e), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.SCHEDULE 4Licensing Act 2003: amendments relating to illegal working Section 36 PART 1 Entitlement to work in the United Kingdom1After section 192 of the Licensing Act 2003 insert—Entitlement to work in the United Kingdom192A1For the purposes of this Act an individual is entitled to work in the United Kingdom if—athe individual does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, orbthe individual has been granted such leave and the leave—iis not invalid,iihas not ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), andiiiis not subject to a condition preventing the individual from doing work relating to the carrying on of a licensable activity within section 1(1)(a) or (d).2Where an individual is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—athe individual is to be treated for the purposes of subsection (1) as if the individual had been granted leave to enter the United Kingdom, butbany condition as to the individual's work in the United Kingdom to which the individual's immigration bail is subject is to be treated for those purposes as a condition of leave. PART 2 Premises licences2Part 3 of the Licensing Act 2003 (premises licences) is amended as follows.3In section 13(4) (meaning of “responsible authority”), after paragraph (h) insert—hawhere the premises (not being a vessel) are being, or are proposed to be, used for a licensable activity within section 1(1)(a) or (d), the Secretary of State,.41Section 16 (applicant for premises licence) is amended as follows.2In subsection (1), at the beginning insert “ Subject to subsections (2) and (2A), ”.3In subsection (2), omit “But”.4After subsection (2) insert—2AAn individual who is resident in the United Kingdom may not apply for a premises licence authorising premises to be used for a licensable activity within section 1(1)(a) or (d) unless the individual is entitled to work in the United Kingdom.5In section 27 (death, incapacity, insolvency etc of licence holder), after subsection (1) insert—1AA premises licence that authorises premises to be used for a licensable activity within section 1(1)(a) or (d) also lapses if the holder of the licence ceases to be entitled to work in the United Kingdom at a time when the holder of the licence is resident in the United Kingdom (or becomes so resident without being entitled to work in the United Kingdom).61Section 42 (application for transfer of premises licence) is amended as follows.2After subsection (2) insert—2AWhere the applicant is an individual who is resident in the United Kingdom and the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d) he must also be entitled to work in the United Kingdom.3After subsection (5) insert—5ZAWhere the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), the relevant person must also give notice of the application to the Secretary of State.4In subsection (5A), for “subsection (5)” substitute “ subsections (5) and (5ZA) ”.5After subsection (7) insert—8Where the Secretary of State is given notice under subsection (5ZA) and is satisfied that the exceptional circumstances of the case are such that granting the application would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must give the relevant licensing authority a notice stating the reasons for being so satisfied.9The Secretary of State must give that notice within the period of 14 days beginning with the day on which the Secretary of State is notified of the application under subsection (5ZA).71Section 44(5) (determination of transfer application) is amended as follows.2In the words before paragraph (a), after “section 42(6)” insert “ or (8) ”.3In paragraph (a), for “chief officer of police” substitute “ person ”.4For paragraph (b) substitute—bhaving regard to the notice—iwhere the notice is given under section 42(6), reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, oriiwhere the notice is given under section 42(8), reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.81Section 45 (notification of determination under section 44) is amended as follows.2In subsection (2)—aafter “that section” insert “ or the Secretary of State gave a notice under subsection (8) of that section ”;bfor “(and it” substitute “ (which, in either case, ”.3After subsection (2) insert—2AWhere the Secretary of State gave a notice under subsection (8) of section 42 (which was not withdrawn), the notice under subsection (1) of this section must also be given to the Secretary of State.91Section 47 (interim authority notice following death etc of licence holder) is amended as follows.2In subsection (1)—aafter “or (c)” insert “ or (1A) ”;bafter “holder” insert “ or change of immigration status ”.3In subsection (3), after “subject to” insert “ subsection (3A) and ”.4After subsection (3) insert—3AWhere the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), a person falling within subsection (2)(a) or (b) who is an individual who is resident in the United Kingdom may give an interim authority notice only if the person is entitled to work in the United Kingdom.5In subsection (7), after paragraph (a) insert—aawhere the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), at the end of the initial 28 day period unless before that time the person who gave the interim authority notice has given a copy of the notice to the Secretary of State;.6In subsection (7A)—ain paragraph (a), for “subsection (7)(a) does” substitute “ paragraphs (a) and (aa) of subsection (7) do ”;bin paragraph (b), at the end insert “ and, where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), to the Secretary of State. ”101Section 48 (cancellation of interim authority notice following police objections) is amended as follows.2In the heading, omit “police”.3In subsection (1), for “This section” substitute “ Subsection (2) ”.4After subsection (2) insert—2ASubsection (2B) applies where—aan interim authority notice by a person (“the relevant person”) is given in accordance with section 47,bthe Secretary of State is given a copy of the interim authority notice before the end of the initial 28 day period (within the meaning of that section), andcthe Secretary of State is satisfied that the exceptional circumstances of the case are such that a failure to cancel the interim authority notice would be prejudicial to the prevention of illegal working in licensed premises.2BThe Secretary of State must before the end of the second working day following receipt of the copy of the interim authority notice give the relevant licensing authority a notice stating why the Secretary of State is so satisfied.5In subsection (3)—ain the words before paragraph (a), for “by the chief officer of police” substitute “ under subsection (2) or (2B) ”;bin paragraph (a), for “chief officer of police” substitute “ person who gave the notice ”;cfor paragraph (b) substitute—bhaving regard to the notice—iwhere the notice is given under subsection (2), cancel the interim authority notice if it considers it appropriate for the promotion of the crime prevention objective to do so, oriiwhere the notice is given under subsection (2B), cancel the interim authority notice if it considers it appropriate for the prevention of illegal working in licensed premises to do so.6After subsection (5) insert—5AWhere an interim authority notice is cancelled under subsection (3)(b)(ii), the licensing authority must also give a copy of the notice under subsection (4) to the Secretary of State.11In section 50 (reinstatement of licence on transfer following death etc of holder), in subsection (3), for “(who, in the case of an individual, is aged 18 or over)” substitute “ (and who would, where applicable, satisfy subsections (2) and (2A) of section 42) ”. PART 3 Personal licences12Part 6 of the Licensing Act 2003 (personal licences) is amended as follows.131Section 113 (meaning of “relevant offence” and “foreign offence”) is amended as follows.2In the heading, for “and “foreign offence”” substitute “, “immigration offence”, “foreign offence” and “immigration penalty””.3After subsection (2) insert—2AIn this Part “immigration offence” means—aan offence referred to in paragraph 7A of Schedule 4, orban offence listed in paragraph 24 or 25 of Schedule 4 that is committed in relation to an offence referred to in paragraph 7A of that Schedule.4At the end insert—4In this Part “immigration penalty” means a penalty under—asection 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), orbsection 23 of the Immigration Act 2014 (“the 2014 Act”).5For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 15(3) of that Act, orbthe penalty is cancelled by virtue of section 16 or 17 of that Act.6For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, andbif a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.7For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 24 of that Act, orbthe penalty is cancelled by virtue of section 29 or 30 of that Act.8For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, andbif a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.141Section 115 (period of validity of personal licence) is amended as follows.2In subsection (2), after “subsections” insert “ (2A), ”.3After subsection (2) insert—2AA personal licence ceases to have effect if the holder of the licence ceases to be entitled to work in the United Kingdom.151Section 120 (determination of application for grant) is amended as follows.2In subsection (2)—aafter paragraph (a) insert—aahe is entitled to work in the United Kingdom,;bin paragraph (d), at the end insert “ or required to pay an immigration penalty ”.3In subsection (3), for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”.4In subsection (4), for “(a), (b) and (c)” substitute “ (a) to (c) ”.5In subsection (5)—aomit the “and” at the end of paragraph (a);bat the end of paragraph (b) insertand cthe applicant having been required to pay any immigration penalty,.6After subsection (5) insert—5AIf it appears to the authority that the applicant meets the conditions in paragraphs (a) to (c) of subsection (2) but fails to meet the condition in paragraph (d) of that subsection by virtue of having been—aconvicted of an immigration offence,bconvicted of a foreign offence that the authority considers to be comparable to an immigration offence, orcrequired to pay an immigration penalty,the authority must give the Secretary of State a notice to that effect.5BWhere, having regard to—aany conviction of the applicant for an immigration offence,bany conviction of the applicant for a foreign offence which the Secretary of State considers to be comparable to an immigration offence, andcthe applicant having been required to pay any immigration penalty,the Secretary of State is satisfied that granting the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (5A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).7In subsection (6), for “is given within that period (or the notice is withdrawn)” substitute “ or immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), or any such notice given is withdrawn, ”.8In subsection (7)—ain the words before paragraph (a), for “In any other case,” substitute “ Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), and not withdrawn, ”;bin paragraph (a)—iomit “objection”;iifor “chief officer of police” substitute “ person who gave the notice ”;cfor paragraph (b) substitute—bhaving regard to the notice, must—iwhere the notice is an objection notice, reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, oriiwhere the notice is an immigration objection notice, reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.9After subsection (7) insert—7AAn application that is not rejected by the authority under subsection (7)(b) must be granted by it.161Section 122 (notification of determinations) is amended as follows.2In subsection (1)—aafter “objection notice” insert “ or the Secretary of State gave an immigration objection notice ”;bafter “(which” insert “ , in either case, ”.3After subsection (2) insert—2AWhere the Secretary of State gave an immigration objection notice (which was not withdrawn) the notice under subsection (1)(a) or (2), as the case may be, must also be given to the Secretary of State.4In subsection (3), in the definition of “objection notice”, for “has” substitute “ and “immigration objection notice” have ”.171Section 123 (duty to notify licensing authority of convictions during application period) is amended as follows.2In the heading, after “convictions” insert “ etc ”.3In subsection (1)—aafter “application period” insert “ , or is required to pay an immigration penalty during that period ”;bafter “conviction” insert “ or the requirement to pay (as the case may be) ”.181Section 124 (convictions coming to light after grant) is amended as follows.2In subsection (1)—afor “(“the offender”)” substitute “ (“the licence holder”) ”;bat the end insert “ or was required during that period to pay an immigration penalty ”.3In subsection (3)—ain paragraph (a)—ifor “applicant” substitute “ licence holder ”;iifor “, and” substitute “ which occurred before the end of the application period, ”;bin paragraph (b), after “relevant offence” insert “ and which occurred before the end of the application period ”;cat the end of paragraph (b) insertand cthe licence holder having been required before the end of the application period to pay any immigration penalty,;din the words after paragraph (b), omit “which occurred before the end of the application period,”.4After subsection (3) insert—3AWhere the licence holder was (during the application period)—aconvicted of an immigration offence,bconvicted of a foreign offence that the licensing authority considers to be comparable to an immigration offence, orcrequired to pay an immigration penalty,the authority must give the Secretary of State a notice to that effect.3BWhere, having regard to—aany conviction of the licence holder for an immigration offence which occurred before the end of the application period,bany conviction of the licence holder for a foreign offence which the Secretary of State considers to be comparable to an immigration offence and which occurred before the end of the application period, andcthe licence holder having been required before the end of the application period to pay any immigration penalty,the Secretary of State is satisfied that continuation of the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (3A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).5In subsection (4)—ain the words before paragraph (a), for “is given within that period” substitute “ or an immigration objection notice is given within the period of 14 days referred to in subsection (3) or (3B), as the case may be, ”;bin paragraph (a)—iomit “objection”;iifor “holder of the licence, the chief officer of police” substitute “ licence holder, the person who gave the notice ”;cin paragraph (b), for the words from “revoke” to the end of the paragraph substitute— iwhere the notice is an objection notice, revoke the licence if it considers it appropriate for the promotion of the crime prevention objective to do so, oriiwhere the notice is an immigration objection notice, revoke the licence if it considers it appropriate for the prevention of illegal working in licensed premises to do so.6After subsection (5) insert—5AWhere the authority revokes or decides not to revoke a licence under subsection (4)(b)(ii) it must also notify the Secretary of State of the decision and its reasons for making it.191Section 125(3) (form of personal licence) is amended as follows.2For “of each” substituteof— aeach.3At the end insert—beach immigration penalty that the holder has been required to pay and the date of each notice by which such a penalty was imposed.201Section 132 (licence holder's duty to notify licensing authority of convictions) is amended as follows.2In the heading, after “convictions” insert “ etc ”.3After subsection (2) insert—2ASubsection (2B) applies where the holder of a personal licence is required to pay an immigration penalty.2BThe holder must, as soon as reasonably practicable after being required to pay the penalty, give the relevant licensing authority a notice containing details of the penalty, including the date of the notice by which the penalty was imposed.4In subsection (3), after “(2)” insert “ or (2B) ”.21In Schedule 4 (personal licence: relevant offences), after paragraph 7 insert—7AAn offence under any of the Immigration Acts. PART 4 Rights of entry221Section 179 of the Licensing Act 2003 (rights of entry to investigate licensable activities) is amended as follows.2After subsection (1) insert—1AWhere an immigration officer has reason to believe that any premises are being used for a licensable activity within section 1(1)(a) or (d), the officer may enter the premises with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of the activity.3In subsection (2)—aafter “authorised person” insert “ or an immigration officer ”;bfor “the power”, in the first place it occurs, substitute “ a power ”.4In subsection (3), for “the power” substitute “ a power ”.5In subsection (4), after “authorised person” insert “ or an immigration officer ”.6In subsection (6)—aomit “and” at the end of the definition of “authorisation”;bat the end of the subsection insert—“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971. PART 5 Appeals23Schedule 5 to the Licensing Act 2003 (appeals) is amended as follows.241Paragraph 6 (transfer of licence) is amended as follows.2In sub-paragraph (1)—aafter “42(6)” insert “ or the Secretary of State gave a notice under section 42(8) ”;bafter “(which” insert “ , in either case, ”.3In sub-paragraph (2), after “police” insert “ or the Secretary of State, as the case may be, ”.251Paragraph 7 (interim authority notice) is amended as follows.2In sub-paragraph (1)(b)—aafter “48(2)” insert “ or the Secretary of State gives a notice under section 48(2B) ”;bafter “(which” insert “ , in either case, ”.3In sub-paragraph (3), for “the notice under that subsection,” substitute “ the interim authority notice under section 48(3) after the giving of a notice by a chief officer of police under section 48(2), ”.4After sub-paragraph (3) insert—3AWhere the relevant licensing authority decides not to cancel the interim authority notice under section 48(3) after the giving of a notice by the Secretary of State under section 48(2B), the Secretary of State may appeal against that decision.26In paragraph 9 (general provision about appeals under Part 1 of Schedule 5), in sub-paragraph (4), after “paragraph 7(3)” insert “ or (3A) ”.271Paragraph 17 (personal licences) is amended as follows.2In sub-paragraph (2)—afor “section 120(7)” substitute “ 120(7A) after the giving of a notice under section 120(5) ”;bfor “objection notice (within the meaning of section 120(5))” substitute “ notice ”.3After sub-paragraph (2) insert—2AWhere a licensing authority grants an application for a personal licence under section 120(7A) after the giving of a notice under section 120(5B), the Secretary of State may appeal against that decision.4After sub-paragraph (5) insert—5AWhere in a case to which section 124 applies—athe Secretary of State gives a notice under subsection (3B) of that section (and does not later withdraw it), andbthe licensing authority decides not to revoke the licence,the Secretary of State may appeal against the decision.5In sub-paragraph (8), for “(2), (3) or (5)” substitute “ (2), (2A), (5) or (5A) ”.28At the end insert— PART 4 Questions about leave to enter or remain in the UK19On an appeal under this Schedule, a magistrates' court is not entitled to entertain any question as to whether—aan individual should be, or should have been, granted leave to enter or remain in the United Kingdom, orban individual has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom. PART 6 General29In section 10 of the Licensing Act 2003, (sub-delegation of functions by licensing committee etc), in subsection (4)(a), in sub-paragraphs (v), (vi) and (x), omit “police”.301Section 193 of the Licensing Act 2003 (other definitions) is amended as follows.2The existing text becomes subsection (1).3After that subsection insert—2For the purposes of references in this Act to the prevention of illegal working in licensed premises, a person is working illegally if by doing that work at that time the person is committing an offence under section 24B of the Immigration Act 1971.31In section 194 of the Licensing Act 2003 (index of defined expressions), insert the following entries at the appropriate places—

entitled to work in the United Kingdom

section 192A

immigration offence

section 113

immigration penalty (and required to pay, in relation to an immigration penalty)

section 113

working illegally, in relation to the prevention of illegal working in licensed premises

section 193

32In the Police Reform and Social Responsibility Act 2011, omit sections 109(9) and (10) and 111(3) and (5). PART 7 Transitional provision33The amendments of sections 13, 16, 42, 47 and 120 of the Licensing Act 2003 made by paragraphs 3, 4, 6, 9 and 15 respectively of this Schedule do not apply in relation to applications made, or interim authority notices given, before the coming into force of the respective paragraph.34The amendment of section 27 of the Licensing Act 2003 made by paragraph 5 of this Schedule does not apply in relation to a premises licence granted pursuant to an application made before the coming into force of that paragraph.35The amendments of section 115 of the Licensing Act 2003 made by paragraph 14 of this Schedule do not apply in relation to a personal licence granted pursuant to an application made before the coming into force of that paragraph.36The amendment of Schedule 4 to the Licensing Act 2003 made by paragraph 21 of this Schedule applies on and after the coming into force of that paragraph in relation to—apersonal licences granted before, on or after the coming into force of that paragraph, andboffences committed before, on or after the coming into force of that paragraph.SCHEDULE 5Private hire vehicles etc Section 37<Emphasis>London Hackney Carriages Act 1843 (c. 86)</Emphasis>11Section 18 of the London Hackney Carriages Act 1843 (licences and badges to be delivered up on the discontinuance of licences) is amended as follows.2At the beginning insert “ (1) ”.3At the end of subsection (1) insert—2Subsection (1) does not require the delivery of a licence and badge on the expiry of the licence if the licence was granted in accordance with section 8A(2) or (4) of the Metropolitan Public Carriage Act 1869 (but see section 8A(6) of that Act).<Emphasis>Metropolitan Public Carriage Act 1869 (c. 115)</Emphasis>2The Metropolitan Public Carriage Act 1869 is amended as follows.3In section 8(7) (driver's licence to be in force for three years unless suspended or revoked) for “A” substitute “ Subject to section 8A, a ”.4After section 8 insert—Drivers' licences for persons subject to immigration control8A1Subsection (2) applies if—aa licence under section 8 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),bthe person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), andcapart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.2Transport for London must grant the licence for a period which ends at or before the end of the leave period.3Subsection (4) applies if—aa licence under section 8 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, andbthe person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).4Transport for London must grant the licence for a period that does not exceed six months.5A licence under section 8 ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a hackney carriage.6If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return to Transport for London—athe licence,bthe person's copy of the licence (if any), andcthe person's driver's badge.7If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return to Transport for London—athe licence,bthe person's copy of the licence (if any), andcthe person's driver's badge.8A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction—ato a fine not exceeding level 3 on the standard scale, andbin the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.9The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b).10Regulations under subsection (9) may make transitional, transitory or saving provision.11A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.12For the purposes of this section a person is disqualified by reason of the person's immigration status from driving a hackney carriage if the person is subject to immigration control and—athe person has not been granted leave to enter or remain in the United Kingdom, orbthe person's leave to enter or remain in the United Kingdom—iis invalid,iihas ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), oriiiis subject to a condition preventing the person from driving a hackney carriage.13Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—athe person is to be treated for the purposes of this section as if the person had been granted leave to enter the United Kingdom, butbany 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.14For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.<Emphasis>Plymouth City Council Act 1975 (c. xx)</Emphasis>5The Plymouth City Council Act 1975 is amended as follows.6After section 2 insert—Persons disqualified by reason of immigration status2A1For the purposes of this Act a person is disqualified by reason of the person's immigration status from carrying on a licensable activity if the person is subject to immigration control and—athe person has not been granted leave to enter or remain in the United Kingdom, orbthe person's leave to enter or remain in the United Kingdom—iis invalid,iihas ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), oriiiis subject to a condition preventing the person from carrying on the licensable activity.2Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—athe person is to be treated for the purposes of this Act as if the person had been granted leave to enter the United Kingdom, butbany 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.3For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.4For the purposes of this section a person carries on a licensable activity if the person—adrives a private hire vehicle,boperates a private hire vehicle, orcdrives a hackney carriage.Immigration offences and immigration penalties2B1In this Act “immigration offence” means—aan offence under any of the Immigration Acts,ban offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a), orcan offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a).2In this Act “immigration penalty” means a penalty under—asection 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), orbsection 23 of the Immigration Act 2014 (“the 2014 Act”).3For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 15(3) of that Act, orbthe penalty is cancelled by virtue of section 16 or 17 of that Act.4For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, andbif a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.5For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 24 of that Act, orbthe penalty is cancelled by virtue of section 29 or 30 of that Act.6For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, andbif a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.71Section 9 (licensing of drivers of private hire vehicles) is amended as follows.2In subsection (1)—ain paragraph (a) after “satisfied” insert “ —(i) ”, andbfor the “or” at the end of paragraph (a) substituteand iithat the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; or.3After subsection (1) insert—1AIn determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, the Council must have regard to any guidance issued by the Secretary of State.8In section 11(1) (drivers' licences for hackney carriages and private hire vehicles)—ain paragraph (a) for “Every” substitute “ Subject to section 11A, every ”, andbin paragraph (b) after “1889,” insert “ but subject to section 11A, ”.9After section 11 insert—Drivers' licences for persons subject to immigration control11A1Subsection (2) applies if—aa licence within section 11(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),bthe person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), andcapart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.2The Council must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.3Subsection (4) applies if—aa licence within section 11(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, andbthe person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).4The Council must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.5A licence within section 11(1)(a) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a private hire vehicle.6A licence within section 11(1)(b) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a hackney carriage.7If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence and the person's driver's badge to the Council.8If subsection (5) or (6) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence and the person's driver's badge to the Council.9A person who, without reasonable excuse, contravenes subsection (7) or (8) is guilty of an offence and liable on summary conviction—ato a fine not exceeding level 3 on the standard scale, andbin the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.10The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (9)(b).11Regulations under subsection (10) may make transitional, transitory or saving provision.12A statutory instrument containing regulations under subsection (10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.101Section 13 (licensing of operators of private hire vehicles) is amended as follows.2In subsection (1)—aafter “satisfied” insert “ —(a) ”, andbat the end of paragraph (a) insert; and bif the applicant is an individual, that the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle.3After subsection (1) insert—1AIn determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, the Council must have regard to any guidance issued by the Secretary of State.4In subsection (2) for “Every” substitute “ Subject to section 13A, every ”.11After section 13 insert—Operators' licences for persons subject to immigration control13A1Subsection (2) applies if—aa licence under section 13 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),bthe person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), andcapart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.2The Council must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.3Subsection (4) applies if—aa licence under section 13 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, andbthe person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).4The Council must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.5A licence under section 13 ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a private hire vehicle.6If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the Council.7If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the Council.8A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction—ato a fine not exceeding level 3 on the standard scale, andbin the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.9The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b).10Regulations under subsection (9) may make transitional, transitory or saving provision.11A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.121Section 17 (qualification for drivers of hackney carriages) is amended as follows.2In subsection (1)—ain paragraph (a) after “satisfied” insert “ —(i) ”, andbfor the “or” at the end of paragraph (a) substituteand iithat the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or.3After subsection (1) insert—1AIn determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a hackney carriage, the Council must have regard to any guidance issued by the Secretary of State.131Section 19 (suspension and revocation of drivers' licences) is amended as follows.2In subsection (1) before the “or” at the end of paragraph (a) insert—aathat he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;.3After subsection (1) insert—1ASubsection (1)(aa) does not apply if—ain a case where the driver has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, orbin a case where the driver has been required to pay an immigration penalty—imore than three years have elapsed since the date on which the penalty was imposed, andiithe amount of the penalty has been paid in full.4After subsection (2) insert—2AThe requirement in subsection (2)(a) to return a driver's badge does not apply in a case where section 20A applies (but see subsection (2) of that section).141Section 20 (suspension and revocation of operators' licences) is amended as follows.2In subsection (1) before the “or” at the end of paragraph (c) insert—cathat the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;.3After subsection (1) insert—1ASubsection (1)(ca) does not apply if—ain a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, orbin a case where the operator has been required to pay an immigration penalty—imore than three years have elapsed since the date on which the penalty was imposed, andiithe amount of the penalty has been paid in full.15After section 20 insert—Return of licences suspended or revoked on immigration grounds20A1Subsection (2) applies if—aunder section 19 the Council suspend, revoke or refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on the ground mentioned in subsection (1)(aa) of that section, orbunder section 20 the Council suspend, revoke or refuse to renew an operator's licence on the ground mentioned in subsection (1)(ca) of that section.2The person to whom the licence was granted must, within the period of 7 days beginning with the relevant day, return to the Council—athe licence, andbin the case of a licence of a driver of a hackney carriage or a private hire vehicle, the person's driver's badge.3In subsection (2) “the relevant day” means—awhere the licence is suspended or revoked, the day on which the suspension or revocation takes effect;bwhere the Council refuse to renew the licence, the day on which the licence expires as a result of the failure to renew it.4A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence and liable on summary conviction—ato a fine not exceeding level 3 on the standard scale, andbin the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.5The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (4)(b).6Regulations under subsection (5) may make transitional, transitory or saving provision.7A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.16In section 37 (appeals) after subsection (2) insert—3On an appeal under this Act or an appeal under section 302 of the Act of 1936 as applied by this section, the court is not entitled to entertain any question as to whether—aa person should be, or should have been, granted leave to enter or remain in the United Kingdom, orba person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.<Emphasis>Local Government (Miscellaneous Provisions) Act 1976 (c. 57)</Emphasis>17The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.181Section 51 (licensing of drivers of private hire vehicles) is amended as follows.2In subsection (1)—ain paragraph (a) after “satisfied” insert “ —(i) ”, andbfor the “or” at the end of paragraph (a) substituteand iithat the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; or.3After subsection (1) insert—1ZAIn determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, a district council must have regard to any guidance issued by the Secretary of State.19In section 53(1) (drivers' licences for hackney carriages and private hire vehicles)—ain paragraph (a) for “Every” substitute “ Subject to section 53A, every ”, andbin paragraph (b) after “1889,” insert “ but subject to section 53A, ”.20After section 53 insert—Drivers' licences for persons subject to immigration control53A1Subsection (2) applies if—aa licence within section 53(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);bthe person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); andcapart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.2The district council which grants the licence must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.3Subsection (4) applies if—aa licence within section 53(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; andbthe person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).4The district council which grants the licence must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.5A licence within section 53(1)(a) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a private hire vehicle.6A licence within section 53(1)(b) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a hackney carriage.7If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence and the person's driver's badge to the district council which granted the licence.8If subsection (5) or (6) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence and the person's driver's badge to the district council which granted the licence.9A person who, without reasonable excuse, contravenes subsection (7) or (8) is guilty of an offence and liable on summary conviction—ato a fine not exceeding level 3 on the standard scale; andbin the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.10The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (9)(b).11Regulations under subsection (10) may make transitional, transitory or saving provision.12A statutory instrument containing regulations under subsection (10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.211Section 55 (licensing of operators of private hire vehicles) is amended as follows.2In subsection (1)—aafter “satisfied” insert “ —(a) ”, andbat the end of paragraph (a) insert; and bif the applicant is an individual, that the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle.3After subsection (1) insert—1AIn determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, a district council must have regard to any guidance issued by the Secretary of State.4In subsection (2) for “Every” substitute “ Subject to section 55ZA, every ”.22After section 55 insert—Operators' licences for persons subject to immigration control55ZA1Subsection (2) applies if—aa licence under section 55 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);bthe person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); andcapart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.2The district council which grants the licence must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.3Subsection (4) applies if—aa licence under section 55 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; andbthe person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).4The district council which grants the licence must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.5A licence under section 55 ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a private hire vehicle.6If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the district council which granted the licence.7If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the district council which granted the licence.8A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction—ato a fine not exceeding level 3 on the standard scale; andbin the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.9The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b).10Regulations under subsection (9) may make transitional, transitory or saving provision.11A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.231Section 59 (qualification for drivers of hackney carriages) is amended as follows.2In subsection (1)—ain paragraph (a) after “satisfied” insert “ —(i) ”, andbfor the “or” at the end of paragraph (a) substituteand iithat the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or.3After subsection (1) insert—1ZAIn determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a hackney carriage, a district council must have regard to any guidance issued by the Secretary of State.241Section 61 (suspension and revocation of drivers' licences) is amended as follows.2In subsection (1) before the “or” at the end of paragraph (a) insert—aathat he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;.3After subsection (1) insert—1ASubsection (1)(aa) does not apply if—ain a case where the driver has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, orbin a case where the driver has been required to pay an immigration penalty—imore than three years have elapsed since the date on which the penalty was imposed, andiithe amount of the penalty has been paid in full.4After subsection (2) insert—2ZAThe requirement in subsection (2)(a) to return a driver's badge does not apply in a case where section 62A applies (but see subsection (2) of that section).251Section 62 (suspension and revocation of operators' licences) is amended as follows.2In subsection (1) before the “or” at the end of paragraph (c) insert—cathat the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;.3After subsection (1) insert—1ASubsection (1)(ca) does not apply if—ain a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, orbin a case where the operator has been required to pay an immigration penalty—imore than three years have elapsed since the date on which the penalty was imposed, andiithe amount of the penalty has been paid in full.26After section 62 insert—Return of licences suspended or revoked on immigration grounds62A1Subsection (2) applies if—aunder section 61 a district council suspend, revoke or refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on the ground mentioned in subsection (1)(aa) of that section, orbunder section 62 a district council suspend, revoke or refuse to renew an operator's licence on the ground mentioned in subsection (1)(ca) of that section.2The person to whom the licence was granted must, within the period of 7 days beginning with the relevant day, return to the district council—athe licence, andbin the case of a licence of a driver of a hackney carriage or a private hire vehicle, the person's driver's badge.3In subsection (2) “the relevant day” means—awhere the licence is suspended or revoked, the day on which the suspension or revocation takes effect;bwhere the district council refuse to renew the licence, the day on which the licence expires as a result of the failure to renew it.4A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence and liable on summary conviction—ato a fine not exceeding level 3 on the standard scale, andbin the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.5The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (4)(b).6Regulations under subsection (5) may make transitional, transitory or saving provision.7A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.27In section 77 (appeals) after subsection (3) insert—4On an appeal under this Part of this Act or an appeal under section 302 of the Act of 1936 as applied by this section, the court is not entitled to entertain any question as to whether—aa person should be, or should have been, granted leave to enter or remain in the United Kingdom; orba person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.28After section 79 insert—Persons disqualified by reason of immigration status79A1For the purposes of this Part of this Act a person is disqualified by reason of the person's immigration status from carrying on a licensable activity if the person is subject to immigration control and—athe person has not been granted leave to enter or remain in the United Kingdom; orbthe person's leave to enter or remain in the United Kingdom—iis invalid;iihas ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise); oriiiis subject to a condition preventing the person from carrying on the licensable activity.2Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—athe person is to be treated for the purposes of this Part of this Act as if the person had been granted leave to enter the United Kingdom; butbany 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.3For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.4For the purposes of this section a person carries on a licensable activity if the person—adrives a private hire vehicle;boperates a private hire vehicle; orcdrives a hackney carriage.Immigration offences and immigration penalties79B1In this Part of this Act “immigration offence” means—aan offence under any of the Immigration Acts;ban offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a); orcan offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a).2In this Part of this Act “immigration penalty” means a penalty under—asection 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”); orbsection 23 of the Immigration Act 2014 (“the 2014 Act”).3For the purposes of this Part of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 15(3) of that Act; orbthe penalty is cancelled by virtue of section 16 or 17 of that Act.4For the purposes of this Part of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period; andbif a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.5For the purposes of this Part of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 24 of that Act; orbthe penalty is cancelled by virtue of section 29 or 30 of that Act.6For the purposes of this Part of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period; andbif a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.<Emphasis>Civic Government (Scotland) Act 1982 (c. 45)</Emphasis>29The Civic Government (Scotland) Act 1982 is amended as follows.30In section 13 (taxi and private hire car driving licences) after subsection (3) insert—3AA licensing authority shall not grant a licence to any person under this section unless the authority is satisfied that the person is not disqualified by reason of the person's immigration status from driving a taxi or private hire car.3BSection 13A makes provision for the purposes of subsection (3A) about the circumstances in which a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car.3CIn determining for the purposes of subsection (3A) whether a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car, a licensing authority must have regard to any guidance issued by the Secretary of State.31After section 13 insert—Persons disqualified by reason of immigration status13A1For the purposes of section 13(3A) a person is disqualified by reason of the person's immigration status from driving a taxi or private hire car if the person is subject to immigration control and—athe person has not been granted leave to enter or remain in the United Kingdom, orbthe person's leave to enter or remain in the United Kingdom—iis invalid,iihas ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), oriiiis subject to a condition preventing the person from driving a taxi or private hire car.2Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—athe person is to be treated for the purposes of this section as if the person had been granted leave to enter the United Kingdom, butbany 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.3For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.321Schedule 1 (licensing - further provisions as to the general system) is amended as follows.2In paragraph 8 (duration of licences) in sub-paragraph (8) after “paragraphs” insert “ 8A and ”.3After paragraph 8 insert—<Emphasis>Taxi etc driving licences for persons subject to immigration control</Emphasis>8A1Sub-paragraph (2) applies if—aa taxi driver's licence or private hire car driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),bthe person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), andcapart from sub-paragraph (2), the period for which the licence would have had effect would have ended after the end of the leave period.2The licensing authority which grants the licence must specify a period in the licence as the period for which it has effect; and that period must end at or before the end of the leave period.3Sub-paragraph (4) applies if—aa taxi driver's licence or private hire car driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, andbthe person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).4The licensing authority which grants the licence must specify a period in the licence as the period for which it has effect; and that period must not exceed six months.5A taxi driver's licence or private hire car driver's licence ceases to have effect if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a taxi or private hire car.6Section 13A (persons disqualified by reason of immigration status) applies for the purposes of sub-paragraph (5) as it applies for the purposes of section 13(3A).7If a licence granted in accordance with sub-paragraph (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the licensing authority.8If sub-paragraph (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence to the licensing authority which granted the licence.9A person who, without reasonable excuse, contravenes sub-paragraph (7) or (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.10This paragraph applies in relation to the renewal of a licence as it applies in relation to the grant of a licence.4In paragraph 11 (suspension and revocation of licences) after sub-paragraph (2) insert—2AA licensing authority may order the suspension or revocation of a taxi driver's licence or a private hire car driver's licence if the holder of the licence has, since its grant, been convicted of an immigration offence or required to pay an immigration penalty (see paragraph 20).2BSub-paragraph (2A) does not apply if—ain a case where the holder of the licence has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, orbin a case where the holder of the licence has been required to pay an immigration penalty—imore than three years have elapsed since the date on which the penalty was imposed, andiithe amount of the penalty has been paid in full.5In paragraph 18 (appeals) after sub-paragraph (8) insert—8AOn an appeal under this paragraph relating to a taxi driver's licence or a private hire car driver's licence, the sheriff is not entitled to entertain any question as to whether—aa person should be, or should have been, granted leave to enter or remain in the United Kingdom, orba person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.6After paragraph 19 insert—201In this Schedule “immigration offence” means an offence under any of the Immigration Acts.2In this Schedule “immigration penalty” means a penalty under—asection 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), orbsection 23 of the Immigration Act 2014 (“the 2014 Act”).3For the purposes of this Schedule a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 15(3) of that Act, orbthe penalty is cancelled by virtue of section 16 or 17 of that Act.4For the purposes of this Schedule a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, andbif a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.5For the purposes of this Schedule a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 24 of that Act, orbthe penalty is cancelled by virtue of section 29 or 30 of that Act.6For the purposes of this Schedule a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, andbif a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.<Emphasis>Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10))</Emphasis>331Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10)) is amended as follows.2After the entry relating to section 1(3) of the Taxis Act (Northern Ireland) 2008 insert—

Section 2A(8)

Failing to return an operator's licence

Summarily

Level 3 on the standard scale

.3After the entry relating to section 22(6) of the Taxis Act (Northern Ireland) 2008 insert—

Section 23A(8)

Failing to return an operator's licence

Summarily

Level 3 on the standard scale

.<Emphasis>Private Hire Vehicles (London) Act 1998 (c. 34)</Emphasis>34The Private Hire Vehicles (London) Act 1998 is amended as follows.35In section 1(1) (meaning of “private hire vehicle” etc)—aomit the “and” at the end of paragraph (a), andbat the end of paragraph (b) insert; and coperate”, in relation to a private hire vehicle, means to make provision for the invitation or acceptance of, or to accept, private hire bookings in relation to the vehicle.361Section 3 (London operator's licences) is amended as follows.2In subsection (3) for the “and” at the end of paragraph (a) substitute—aaif the applicant is an individual, the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle; and.3After subsection (3) insert—3AIn determining for the purposes of subsection (3) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, the licensing authority must have regard to any guidance issued by the Secretary of State.4In subsection (5) for “A” substitute “ Subject to section 3A, a ”.37After section 3 insert—London <Acronym Expansion="Private Hire Vehicle">PHV</Acronym> operator's licences for persons subject to immigration control3A1Subsection (2) applies if—aa London PHV operator's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);bthe person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); andcapart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.2The licence must be granted for a period which ends at or before the end of the leave period.3Subsection (4) applies if—aa London PHV operator's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; andbthe person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).4The licence must be granted for a period which does not exceed six months.5A London PHV operator's licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a private hire vehicle.6If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the licensing authority.7A person who, without reasonable excuse, contravenes subsection (6) is guilty of an offence and liable on summary conviction—ato a fine not exceeding level 3 on the standard scale; andbin the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.8The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).381Section 13 (London PHV driver's licences) is amended as follows.2In subsection (2) for the “and” at the end of paragraph (a) substitute—aathe applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; and.3After subsection (2) insert—2AIn determining for the purposes of subsection (2) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, the licensing authority must have regard to any guidance issued by the Secretary of State.4In subsection (5) at the beginning of paragraph (c) insert “ subject to section 13A, ”.39After section 13 insert—London PHV driver's licences for persons subject to immigration control13A1Subsection (2) applies if—aa London PHV driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);bthe person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); andcapart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.2The licence must be granted for a period which ends at or before the end of the leave period.3Subsection (4) applies if—aa London PHV driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; andbthe person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).4The licence must be granted for a period which does not exceed six months.5A London PHV driver's licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a private hire vehicle.6If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence and the person's driver's badge to the licensing authority.7A person who, without reasonable excuse, contravenes subsection (6) is guilty of an offence and liable on summary conviction—ato a fine not exceeding level 3 on the standard scale; andbin the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.8The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).401Section 16 (power to suspend or revoke licences) is amended as follows.2In subsection (2) before the “or” at the end of paragraph (a) insert—aathe licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;.3After subsection (2) insert—2ASubsection (2)(aa) does not apply if—ain a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, orbin a case where the licence holder has been required to pay an immigration penalty—imore than three years have elapsed since the date on which the penalty was imposed, andiithe amount of the penalty has been paid in full.4In subsection (4) at the end of paragraph (a) insert—aathe licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;.5After subsection (4) insert—5Subsection (4)(aa) does not apply if—ain a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, orbin a case where the licence holder has been required to pay an immigration penalty—imore than three years have elapsed since the date on which the penalty was imposed, andiithe amount of the penalty has been paid in full.41In section 25 (appeals) after subsection (7) insert—8On an appeal under this Act to the magistrates' court or the Crown Court, the court is not entitled to entertain any question as to whether—aa person should be, or should have been, granted leave to enter or remain in the United Kingdom; orba person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.421Section 32 (regulations) is amended as follows.2In subsection (1) after “other than section” in the first place those words appear insert “ 3A(8), 13A(8) or ”.3After subsection (2) insert—2AThe power to make regulations conferred on the Secretary of State by section 3A(8) or 13A(8) is exercisable by statutory instrument.2BA statutory instrument containing regulations under either of those sections may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.4In subsection (4) after “made under section” insert “ 3A(8), 13A(8) or ”.43After section 35 insert—Persons disqualified by reason of immigration status35A1For the purposes of this Act a person is disqualified by reason of the person's immigration status from carrying on a licensable activity if the person is subject to immigration control and—athe person has not been granted leave to enter or remain in the United Kingdom; orbthe person's leave to enter or remain in the United Kingdom—iis invalid;iihas ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise); oriiiis subject to a condition preventing the person from carrying on the licensable activity.2Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—athe person is to be treated for the purposes of this Act as if the person had been granted leave to enter the United Kingdom; butbany 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.3For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.4For the purposes of this section a person carries on a licensable activity if the person—aoperates a private hire vehicle; orbdrives a private hire vehicle.Immigration offences and immigration penalties35B1In this Act “immigration offence” means—aan offence under any of the Immigration Acts;ban offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a); orcan offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a).2In this Act “immigration penalty” means a penalty under—asection 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), orbsection 23 of the Immigration Act 2014 (“the 2014 Act”).3For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 15(3) of that Act; orbthe penalty is cancelled by virtue of section 16 or 17 of that Act.4For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period; andbif a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.5For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 24 of that Act; orbthe penalty is cancelled by virtue of section 29 or 30 of that Act.6For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period; andbif a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.44In section 36 (interpretation) at the appropriate place insert—“operate” has the meaning given in section 1(1);.<Emphasis>Taxis Act (Northern Ireland) 2008 (c. 4)</Emphasis>45The Taxis Act (Northern Ireland) 2008 is amended as follows.461Section 2 (operator's licences) is amended as follows.2In subsection (4) for the “and” at the end of paragraph (a) substitute—aaif the applicant is an individual, the applicant is not disqualified by reason of the applicant's immigration status from operating a taxi service; and.3After subsection (4) insert—4AIn determining for the purposes of subsection (4) whether an applicant is disqualified by reason of the applicant's immigration status from operating a taxi service, the Department must have regard to any guidance issued by the Secretary of State.4In subsection (7) for “An” substitute “ Subject to section 2A, an ”.47After section 2 insert—Operator's licences for persons subject to immigration control2A1Subsection (2) applies if—aan operator's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),bthe person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), andcapart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.2The licence must be granted for a period which ends at or before the end of the leave period.3Subsection (4) applies if—aan operator's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, andbthe person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).4The licence must be granted for a period which does not exceed six months.5An operator's licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a taxi service.6If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return it to the Department.7If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the Department.8A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence.481Section 23 (taxi driver's licences) is amended as follows.2In subsection (2) after paragraph (a) insert—aathe applicant is not disqualified by reason of the applicant's immigration status from driving a taxi;.3After subsection (2) insert—2AIn determining for the purposes of subsection (2) whether an applicant is disqualified by reason of the applicant's immigration status from driving a taxi, the Department must have regard to any guidance issued by the Secretary of State.4In subsection (8) for “A” substitute “ Subject to section 23A, a ”.49After section 23 insert—Taxi driver's licences for persons subject to immigration control23A1Subsection (2) applies if—aa taxi driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),bthe person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), andcapart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.2The licence must be granted for a period which ends at or before the end of the leave period.3Subsection (4) applies if—aa taxi driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, andbthe person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).4The licence must be granted for a period which does not exceed six months.5A taxi driver's licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a taxi.6If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return to the Department—athe licence,bthe person's driver's badge, andcany other evidence of identification which the Department has issued under section 24.7If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return to the Department—athe licence,bthe person's driver's badge, andcany other evidence of identification which the Department has issued under section 24.8A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence.501Section 26 (power to suspend, revoke or curtail licences) is amended as follows.2In subsection (2) before the “or” at the end of paragraph (a) insert—aathe licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;.3After subsection (2) insert—2ASubsection (2)(aa) does not apply if—ain a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (SI 1978/1908 (NI 27)), orbin a case where the licence holder has been required to pay an immigration penalty—imore than three years have elapsed since the date on which the penalty was imposed, andiithe amount of the penalty has been paid in full.4In subsection (6) before the “or” at the end of paragraph (a) insert—aathe licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;.5After subsection (6) insert—7Subsection (6)(aa) does not apply if—ain a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (SI 1978/1908 (NI 27)), orbin a case where the licence holder has been required to pay an immigration penalty—imore than three years have elapsed since the date on which the penalty was imposed, andiithe amount of the penalty has been paid in full.51In section 32 (return of licences etc) after subsection (5) insert—5ASubsection (4) does not apply if the licence was granted in accordance with section 2A(2) or (4) or 23A(2) or (4) (but see sections 2A(6) and 23A(6)).52In section 34 (appeals) after subsection (5) insert—6On any appeal, the court is not entitled to entertain any question as to whether—aa person should be, or should have been, granted leave to enter or remain in the United Kingdom, orba person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.53After section 56 insert—Persons disqualified by reason of immigration status56A1For the purposes of this Act a person is disqualified by reason of the person's immigration status from carrying on a licensable activity if the person is subject to immigration control and—athe person has not been granted leave to enter or remain in the United Kingdom, orbthe person's leave to enter or remain in the United Kingdom—iis invalid,iihas ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), oriiiis subject to a condition preventing the person from carrying on the licensable activity.2Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—athe person is to be treated for the purposes of this Part as if the person had been granted leave to enter the United Kingdom, butbany 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.3For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.4For the purposes of this section a person carries on a licensable activity if the person—aoperates a taxi service, orbdrives a taxi.Immigration offences and immigration penalties56B1In this Act “immigration offence” means—aan offence under any of the Immigration Acts,ban offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (SI 1983/1120 (NI 13)) of attempting to commit an offence within paragraph (a), orcan offence under Article 9 of that Order of conspiracy to commit an offence within paragraph (a).2In subsection (1)(a)—a“the Immigration Acts” has the meaning given by section 61(2) of the UK Borders Act 2007, andbthe reference to an offence under any of the Immigration Acts includes an offence under section 133(5) of the Criminal Justice and Immigration Act 2008 (breach of condition imposed on designated person).3In this Act “immigration penalty” means a penalty under—asection 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), orbsection 23 of the Immigration Act 2014 (“the 2014 Act”).4For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 15(3) of that Act, orbthe penalty is cancelled by virtue of section 16 or 17 of that Act.5For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, andbif a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.6For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—athe person is excused payment by virtue of section 24 of that Act, orbthe penalty is cancelled by virtue of section 29 or 30 of that Act.7For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—athe period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, andbif a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.<Emphasis>Transitional provision</Emphasis>541Subject to sub-paragraph (2), an amendment made by any of paragraphs 3, 4, 7 to 12, 18 to 23, 30, 32(2) and (3), 36 to 39 and 46 to 49 does not apply in relation to an application for a licence made before the coming into force of that paragraph or a licence granted in response to such an application.2Sub-paragraph (1) does not prevent an amendment made by any of those paragraphs from applying in relation to—aan application for the renewal of a licence where that licence was granted before the coming into force of that paragraph, orba licence renewed in response to such an application.551Subject to sub-paragraphs (2) and (3), an amendment made by any of paragraphs 13, 14, 24, 25, 32(4), 40 and 50 applies in relation to a licence granted before or after the coming into force of that paragraph.2An amendment made by any of those paragraphs applies in relation to a conviction for an immigration offence only if the person in question has been convicted of that offence after the coming into force of that paragraph in respect of the person's conduct after that time.3An amendment made by any of those paragraphs applies in relation to a requirement to pay an immigration penalty only if the person in question has been required to pay the penalty after the coming into force of that paragraph in respect of the person's conduct after that time.561Section 19(1) of the Plymouth City Council Act 1975 has effect in relation to the licence of a driver of a hackney carriage or private hire vehicle granted before the coming into force of paragraph 13 as if before the “or” at the end of paragraph (a) there were inserted—abin the case of a refusal to renew a licence, that he is disqualified by reason of his immigration status from driving a hackney carriage or a private hire vehicle;.2Section 20A(1)(a) of that Act has effect in relation to such a licence as if after “subsection (1)(aa)” there were inserted “ or (ab) ”.3Section 20(1) of that Act has effect in relation to an operator's licence granted before the coming into force of paragraph 14 as if before the “or” at the end of paragraph (c) there were inserted—cbin the case of a refusal to renew a licence, that the operator is disqualified by reason of the operator's immigration status from operating a private hire vehicle;.4Section 20A(1)(b) of that Act has effect in relation to such a licence as if after “subsection (1)(ca)” there were inserted “ or (cb) ”.5Section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976 has effect in relation to the licence of a driver of a hackney carriage or private hire vehicle granted before the coming into force of paragraph 24 as if before the “or” at the end of paragraph (a) there were inserted—abin the case of a refusal to renew a licence, that he is disqualified by reason of his immigration status from driving a hackney carriage or a private hire vehicle;.6Section 62A(1)(a) of that Act has effect in relation to such a licence as if after “subsection (1)(aa)” there were inserted “ or (ab) ”.7Section 62(1) of that Act has effect in relation to an operator's licence granted before the coming into force of paragraph 25 as if before the “or” at the end of paragraph (c) there were inserted—cbin the case of a refusal to renew a licence, that the operator is disqualified by reason of the operator's immigration status from operating a private hire vehicle;.8Section 62A(1)(b) of that Act has effect in relation to such a licence as if after “subsection (1)(ca)” there were inserted “ or (cb) ”.9Subsections (3A) to (3C) of section 13 of the Civic Government (Scotland) Act 1982 apply in relation to an application for the renewal of a taxi driver's or private hire car driver's licence granted before the coming into force of paragraph 30 as they apply in relation to an application for the grant of such a licence made after that time.SCHEDULE 6Illegal working closure notices and illegal working compliance orders Section 38<Emphasis>Illegal working closure notices</Emphasis>11An immigration officer of at least the rank of chief immigration officer may issue an illegal working closure notice in respect of premises if satisfied on reasonable grounds that the conditions in sub-paragraphs (3) and (6) are met.2An illegal working closure notice is a notice which prohibits, for a period specified in the notice—aaccess to the premises other than by a person who habitually lives on the premises, except where authorised in writing by an immigration officer;bpaid or voluntary work being performed on the premises, except where so authorised.3The condition in this sub-paragraph is that an employer operating at the premises is employing a person over the age of 16 and subject to immigration control—awho has not been granted leave to enter or remain in the United Kingdom, orbwhose leave to enter or remain in the United Kingdom—iis invalid,iihas ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), oriiiis subject to a condition preventing the person from accepting the employment.4Where a person is on immigration bail within the meaning of Part 1 of Schedule 10—athe person is to be treated for the purposes of sub-paragraph (3) as if the person had been granted leave to enter the United Kingdom, butbany 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.5A person falling within sub-paragraph (3) is referred to in this Schedule as an “illegal worker”.6The condition in this sub-paragraph is that the employer, or a connected person in relation to the employer—ahas been convicted of an offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”),bhas, during the period of three years ending with the date on which the illegal working closure notice is issued, been required to pay a penalty under section 15 of the 2006 Act, orchas at any time been required to pay such a penalty and failed to pay it.7Sub-paragraph (6)(a) does not apply in relation to a conviction which is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)).8For the purposes of sub-paragraph (6)(b) and (c)—aa person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay the penalty if—ithe person is excused payment by virtue of section 15(3) of that Act, oriithe penalty is cancelled by virtue of section 16 or 17 of that Act;ba person to whom such a notice has been given is not to be treated as having been required to pay the penalty until such time as—ithe period for giving a notice of objection under section 16 of the 2006 Act has expired and the Secretary of State has considered any notice given within that period, andiiif a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.9For the purposes of sub-paragraph (6), a person is a connected person in relation to an employer if—awhere the employer is a body corporate, the person is—ia director, manager or secretary of the body corporate,iipurporting to act as a director, manager or secretary of the body corporate, oriiiif the affairs of the body corporate are managed by its members, a member of the body corporate;bwhere the employer is a partnership (whether or not a limited partnership), the person is a partner or purporting to act as a partner;cwhere the employer is an individual, the person is—ia body corporate of which the individual has at any time been a director, manager or secretary,iia body corporate in relation to which the individual has at any time purported to act as a director, manager or secretary,iiia body corporate whose affairs are managed by its members and the individual has at any time been a member of the body corporate,iva partnership (whether or not a limited partnership) in which the individual has at any time been a partner or in relation to which the individual has at any time purported to act as a partner.10An illegal working closure notice may not be issued if the employer shows in relation to the employment of each illegal worker that if a penalty notice were given under section 15 of the 2006 Act the employer would be excused under subsection (3) of that section from paying the penalty.11An illegal working closure notice may be issued only if reasonable efforts have been made to inform—apeople who live on the premises (whether habitually or not), andbany person who has an interest in the premises,that the notice is going to be issued.12Before issuing an illegal working closure notice the immigration officer must ensure that any person the officer thinks appropriate has been consulted.13The Secretary of State may by regulations amend sub-paragraph (1) to change the rank specified in that sub-paragraph.21An illegal working closure notice must—aidentify the premises;bexplain the effect of the notice;cstate that failure to comply with the notice is an offence;dstate that an application will be made under paragraph 5 for an illegal working compliance order;especify when and where the application will be heard;fexplain the effect of an illegal working compliance order.2The maximum period that may be specified in an illegal working closure notice is 24 hours unless sub-paragraph (3) applies.3The maximum period is 48 hours if the notice is issued by an immigration officer of at least the rank of immigration inspector.4In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.5The period specified in an illegal working closure notice to which sub-paragraph (3) does not apply may be extended by up to 24 hours if an extension notice is issued by an officer of at least the rank of immigration inspector.6An extension notice is a notice which—aidentifies the illegal working closure notice to which it relates, andbspecifies the period of the extension.7The Secretary of State may by regulations amend sub-paragraph (3) or sub-paragraph (5) to change the rank specified in that sub-paragraph.<Emphasis>Cancellation of illegal working closure notices</Emphasis>31An immigration officer may by the issue of a cancellation notice cancel an illegal working closure notice if—athe immigration officer considers that the condition in paragraph 1(3) or (6) is not met, orbthe employer shows in relation to the employment of each illegal worker that if a penalty notice were given under section 15 of the 2006 Act the employer would be excused under subsection (3) of that section from paying the penalty.2A cancellation notice may be issued only—aby an immigration officer of at least the rank of the immigration officer who issued the illegal working closure notice, orbwhere the illegal working closure notice has been extended by an extension notice, by an immigration officer of at least the rank of the immigration officer who issued the extension notice.<Emphasis>Service of notices</Emphasis>41A notice under paragraph 1, 2 or 3 must be served by an immigration officer.2The immigration officer must if possible—afix a copy of the notice to at least one prominent place on the premises,bfix a copy of the notice to each normal means of access to the premises,cfix a copy of the notice to any outbuildings that appear to the immigration officer to be used with or as part of the premises,dgive a copy of the notice to at least one person who appears to the immigration officer to have control of or responsibility for the premises,egive a copy of the notice to the people who live on the premises and to any person who does not live there but was informed (under paragraph 1(11)) that the notice was going to be issued.3If the immigration officer reasonably believes, at the time of serving the notice, that there are persons occupying another part of the building or other structure in which the premises are situated whose access to that part will be impeded if an illegal working compliance order is made under paragraph 5, the immigration officer must also if possible serve the notice on those persons.4The immigration officer may enter any premises, using reasonable force if necessary, for the purposes of complying with sub-paragraph (2)(a).<Emphasis>Illegal working compliance orders</Emphasis>51Whenever an illegal working closure notice is issued an application must be made to the court for an illegal working compliance order (unless the notice has been cancelled under paragraph 3).2An application for an illegal working compliance order must be made by an immigration officer.3The application must be heard by the court not later than 48 hours after service of the illegal working closure notice.4In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.5The court may make an illegal working compliance order in respect of premises if it is satisfied, on the balance of probabilities—athat the conditions in paragraph 1(3) and (6) are met, andbthat it is necessary to make the illegal working compliance order to prevent an employer operating at the premises from employing an illegal worker.6An illegal working compliance order may—aprohibit or restrict access to the premises;brequire a person specified in the order to carry out, at such times as may be so specified, such checks relating to the right to work as may be prescribed by the Secretary of State in regulations;crequire a person specified in the order to produce to an immigration officer, at such times and such places as may be so specified, such documents relating to the right to work as may be prescribed by the Secretary of State in regulations;dspecify the times at which and the circumstances in which an immigration officer may enter the premises to carry out such investigations or inspections as may be specified in the order;emake such other provision as the court considers appropriate.7Different provisions in an illegal working compliance order may have effect for different periods.8The maximum period for which an illegal working compliance order or any provision in it may have effect is 12 months.9Provision included in an illegal working compliance order which prohibits or restricts access may make such provision—ain relation to all persons, all persons except those specified, or all persons except those of a specified description;bhaving effect at all times, or at all times except those specified;chaving effect in all circumstances, or in all circumstances except those specified.10An illegal working compliance order, or any provision of it, may—abe made in respect of the whole or any part of the premises;binclude provision about access to a part of the building or structure of which the premises form part.11The court must notify the relevant licensing authority if it makes an illegal working compliance order in relation to premises in England and Wales in respect of which a premises licence is in force.<Emphasis>Illegal working compliance orders: adjournment of hearing</Emphasis>61This paragraph applies where an application has been made under paragraph 5 for an illegal working compliance order.2The court may adjourn the hearing of the application for a period of not more than 14 days to enable any person who has an interest in the premises to show why an illegal working compliance order should not be made.3If the court adjourns the hearing it may order that the illegal working closure notice continues in force until the end of the period of adjournment.<Emphasis>Extension of illegal working compliance orders</Emphasis>71An immigration officer may apply to the court for an extension (or further extension) of the period for which any provision of an illegal working compliance order is in force.2The court may grant an application under this paragraph only if it is satisfied, on the balance of probabilities, that it is necessary to grant it to prevent an employer operating at the premises from employing an illegal worker.3Where an application is made under this section, the court may issue a summons directed to—aany person on whom the illegal working closure notice was served under paragraph 4, orbany other person who appears to the court to have an interest in the premises,requiring the person to appear before the court to respond to the application.4If a summons is issued, a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.5No application may be granted under this paragraph such that an illegal working compliance order, or any provision in it—ais extended for a period exceeding 6 months, orbis in force for a period exceeding 24 months in total.<Emphasis>Variation or discharge of illegal working compliance orders</Emphasis>81An application may be made to the court under this paragraph—aby an immigration officer for an illegal working compliance order to be varied or discharged,bby a person on whom the illegal working closure notice was served under paragraph 4, or by any other person who has an interest in the premises, for an illegal working compliance order to be varied or discharged.2Where an application is made under this paragraph, the court may issue a summons directed to—aan immigration officer,bany person on whom the illegal working closure notice was served under paragraph 4, orcany other person who appears to the court to have an interest in the premises,requiring the person to appear before the court to respond to the application.3If a summons is issued, a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.4The court may not discharge an illegal working compliance order unless it is satisfied, on the balance of probabilities, that it is no longer necessary to prevent an employer operating at the premises from employing an illegal worker.<Emphasis>Notice and orders: appeals</Emphasis>91An appeal against a decision—ato make, extend or vary an illegal working compliance order;bnot to discharge an illegal working compliance order;cto order that an illegal working closure notice continues in force,may be made by a person on whom the illegal working closure notice was served under paragraph 4, or any other person who has an interest in the premises.2An appeal against a decision—anot to make an illegal working compliance order;bnot to extend a provision of an illegal working compliance order, or not to vary such an order, made on the application of an immigration officer;cto vary or discharge an illegal working compliance order;dnot to order that an illegal working closure notice continues in force,may be made by an immigration officer.3An appeal under this paragraph—aif it is in relation to premises in England and Wales or Northern Ireland, is to the Crown Court,bif it is in relation to premises in Scotland, is to the sheriff appeal court.4An appeal under this paragraph must be made within the period of 21 days beginning with the date of the decision to which it relates.5On an appeal under this paragraph the court may make whatever order it thinks appropriate.6The court must notify the relevant licensing authority if it makes an illegal working compliance order in relation to premises in England and Wales in respect of which a premises licence is in force.<Emphasis>Notices and orders: enforcement</Emphasis>101Where access to premises is prohibited or restricted by virtue of an illegal working closure notice or an illegal working compliance order an immigration officer or a constable may enter the premises and do anything necessary to secure the premises against entry.2A person acting under sub-paragraph (1) may use reasonable force.3An immigration officer or a constable, together with any person acting under that person's supervision, may also enter such premises to carry out essential maintenance or repairs.<Emphasis>Notices and orders: offences</Emphasis>111A person who without reasonable excuse remains on or enters premises in contravention of an illegal working closure notice commits an offence.2A person who without reasonable excuse contravenes an illegal working compliance order commits an offence.3A person who without reasonable excuse obstructs a person acting under paragraph 4 or paragraph 10 commits an offence.4A person guilty of an offence under this paragraph is liable on summary conviction—ain England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;bin Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both;cin Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.5In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (4)(a) to 51 weeks is to be read as a reference to 6 months.<Emphasis>Access to other premises</Emphasis>121Where—aaccess to premises is prohibited or restricted by a provision of an illegal working compliance order,bthose premises are part of a building or structure, andcthere is another part of that building or structure that is not subject to the prohibition or restriction,an occupier or owner of that other part may apply to the court for an order under this paragraph.2Notice of an application under this paragraph must be given to—awhatever immigration officer the court thinks appropriate;beach person on whom the illegal working closure notice was served under paragraph 4,cany other person who has an interest in the premises.3On an application under this paragraph the court may make whatever order it thinks appropriate in relation to access to any part of the building or structure mentioned in sub-paragraph (1).4For the purposes of sub-paragraph (3), it does not matter whether provision has been made under paragraph 5(10)(b).<Emphasis>Reimbursement of costs</Emphasis>131Where the Secretary of State incurs expenditure for the purpose of clearing, securing or maintaining premises in respect of which an illegal working compliance order is in force, the Secretary of State may apply to the court for an order under this paragraph.2On an application under this paragraph the court may make whatever order it thinks appropriate for the reimbursement (in full or in part) by the owner or occupier of the premises of the expenditure mentioned in sub-paragraph (1).3An application for an order under this paragraph may not be heard unless it is made before the end of the period of 3 months starting with the day on which the illegal working compliance order ceases to have effect.4An order under this paragraph may be made only against a person who has been served with the application for the order.<Emphasis>Exemption from liability</Emphasis>141Each of the following—athe Secretary of State,ban immigration officer,ca police officer,dthe chief officer of police under whose direction or control a police officer acts,is not liable for damages in proceedings for judicial review or the tort of negligence or misfeasance in public office, arising out of anything done or omitted to be done by the person in the exercise or purposed exercise of a power under this Schedule.2Sub-paragraph (1) does not apply to an act or omission shown to have been in bad faith.3Sub-paragraph (1) does not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.4This paragraph does not affect any other exemption from liability (whether at common law or otherwise).<Emphasis>Compensation</Emphasis>151A person who claims to have incurred financial loss in consequence of an illegal working closure notice, other than one cancelled under paragraph 3(1)(b), may apply to the court for compensation.2An application under this paragraph may not be heard unless it is made before the end of the period of 3 months starting with the day on which the notice ceases to have effect.3On an application under this paragraph the court may order the payment of compensation out of money provided by Parliament if it is satisfied—athat at the time the notice was issued, the condition in paragraph 1(3) or (6) was not met;bthat the applicant has incurred financial loss in consequence of the notice; andcthat having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.<Emphasis>Guidance</Emphasis>161The Secretary of State may issue guidance about the exercise of functions under this Schedule.2The Secretary of State may revise any guidance issued under this paragraph.3Before issuing or revising guidance under this paragraph the Secretary of State must consult—apersons whom the Secretary of State considers to represent the views of immigration officers and of chief officers of police, andbsuch other persons as the Secretary of State considers appropriate.4The Secretary of State must arrange for any guidance issued or revised under this paragraph to be published.<Emphasis>Interpretation</Emphasis>171In this Schedule—“court”, except where the context otherwise requires, means—in relation to premises in England and Wales or Northern Ireland, the magistrates' court;in relation to premises in Scotland, the sheriff court;“owner” in relation to premises, means—a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion;a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of not less than 3 years;“person who has an interest”, in relation to premises, includes—the owner;any person with control of or responsibility for the premises;any person who otherwise occupies the premises;“premises” includes—any land, vehicle, vessel or other place (whether enclosed or not);any outbuildings that are, or are used as, part of premises;“premises licence” has the meaning given by section 11 of the Licensing Act 2003;“relevant licensing authority” has the meaning given by section 12 of that Act.2In this Schedule—aa reference to employment is to employment under a contract of service or apprenticeship, whether express or implied and whether oral or written;ba person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.<Emphasis>Amendment of Licensing Act 2003</Emphasis>18After section 167(1) of the Licensing Act 2003 insert—1AThis section also applies where a court has made an illegal working compliance order under Schedule 6 to the Immigration Act 2016 and the relevant licensing authority has accordingly received a notice under that Schedule.SCHEDULE 7Bank accounts Section 451The Immigration Act 2014 is amended as follows.2After section 40 (prohibition on opening current accounts for disqualified persons) insert—Requirement to carry out immigration checks in relation to current accounts40A1A bank or building society must, at such times or with such frequency as is specified in regulations made by the Treasury, carry out an immigration check in relation to each current account held with it that is not an excluded account.2For the purposes of this section carrying out an “immigration check” in relation to a current account means checking whether, according to information supplied by the Secretary of State to a specified anti-fraud organisation or a specified data-matching authority, the account is operated by or for a disqualified person.3A “disqualified person” is a person—awho is in the United Kingdom,bwho requires leave to enter or remain in the United Kingdom but does not have it, andcfor whom the Secretary of State considers that a current account should not be provided by a bank or building society.4A current account is an excluded account for the purposes of subsection (1) if the account is operated by or for a person or body of a description specified in regulations made by the Treasury.5An account is operated by or for a person or body if the person or body is an account holder or a signatory or identified as a beneficiary in relation to the account.6A bank or building society must—amake arrangements with a specified anti-fraud organisation or a specified data-matching authority for the purpose of enabling the bank or building society to carry out immigration checks in relation to current accounts, andbpay any reasonable fee required to be paid under those arrangements.7In this section “specified anti-fraud organisation” and “specified data-matching authority” have the same meaning as in section 40(3)(a).Requirement to notify existence of current accounts for disqualified persons40B1This section applies where, as a result of an immigration check carried out under section 40A, a bank or building society identifies a current account that is operated by or for a person who the bank or building society believes to be a disqualified person.2Where this section applies, the bank or building society (as the case may be) must as soon as reasonably practicable—anotify the Secretary of State that a current account held with it is operated by or for a person who it believes to be a disqualified person, andbprovide the Secretary of State with such other information as may be prescribed.3A notification made, or information provided, under subsection (2) must be made or provided in the prescribed form and manner.4In subsections (2) and (3) “prescribed” means prescribed in regulations made by the Treasury.5Regulations under subsection (2) may (in particular) require the provision of information relating to any accounts held with the bank or building society that are operated by or for the person who is believed to be a disqualified person.Action to be taken by Secretary of State following section 40B notification40C1Where the Secretary of State receives a notification from a bank or building society under section 40B(2) in relation to a person, the Secretary of State must check whether the person is a disqualified person.2If the Secretary of State determines that the person is a disqualified person, the Secretary of State may apply under section 40D for a freezing order in respect of one or more of the accounts held with the bank or building society that are operated by or for the disqualified person.3If the Secretary of State decides not to apply for a freezing order under subsection (2), or decides to apply for a freezing order in respect of one or more but not all of the accounts held with the bank or building society that are operated by or for the disqualified person, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2) in relation to the disqualified person.4A notification made under subsection (3) must contain the prescribed information and be made in the prescribed form and manner.5In subsection (4) “prescribed” means prescribed in regulations made by the Treasury.6If the Secretary of State determines that the person is not a disqualified person, the Secretary of State must notify the bank or building society accordingly.Freezing orders40D1On an application by the Secretary of State under section 40C(2), the court may make a freezing order in respect of any account specified in the application.2A freezing order in respect of an account is an order that prohibits each person and body by or for whom the account is operated from making withdrawals or payments from the account.3A freezing order may be made subject to exceptions.4An exception may (in particular)—amake provision for the disqualified person to meet his or her reasonable living expenses and reasonable legal expenses;ballow another person or body by or for whom the account is operated to make withdrawals or payments from the account.5An application for a freezing order may be made without notice.6The court may vary or discharge a freezing order made in respect of an account (whether made under this section or on an appeal under section 40E) on an application made by—athe Secretary of State, orba person or body by or for whom the account is operated.7If the Secretary of State applies for a freezing order in respect of an account and the order is not made, or the order is made but subsequently discharged, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2) in relation to the disqualified person.8A notification made under subsection (7) must contain the information and be in the form and manner prescribed in regulations made under subsection (4) of section 40C for the purposes of subsection (3) of that section.9In this section—“the court” means—in England and Wales, a magistrates' court;in Scotland, the sheriff;in Northern Ireland, a court of summary jurisdiction;“the disqualified person” means the person who, following a check under section 40C(1), was determined to be a disqualified person, resulting in the application for the freezing order.Freezing orders: appeals40E1An appeal may be made to the relevant appeal court against a decision of a court under section 40D.2The right of appeal under subsection (1) is exercisable by—athe Secretary of State, andbif the decision relates to a freezing order that is in force in respect of an account, a person or body by or for whom the account is operated.3On an appeal under this section the relevant appeal court may make—awhatever orders are necessary to give effect to its determination of the appeal;bwhatever incidental or consequential orders appear to it to be just.4In this section “the relevant appeal court” means—athe Crown Court, where the decision appealed against is a decision of a magistrates' court;bthe Sheriff Appeal Court, where the decision appealed against is a decision of the sheriff;ca county court, where the decision appealed against is a decision of a court of summary jurisdiction.Freezing orders: code of practice40F1The Secretary of State must issue a code of practice—aspecifying the factors that the Secretary of State will consider when deciding whether to apply for a freezing order under section 40C(2),boutlining the arrangements for keeping a freezing order under review for the purpose of deciding whether to apply under section 40D(6) for its variation or discharge, andcspecifying the factors that the Secretary of State will consider when deciding whether to make such an application.2The Secretary of State must from time to time review the code and may revise and re-issue it following a review.3The code (or revised code)—amay not be issued unless a draft has been laid before Parliament, andbcomes into force in accordance with provision contained in regulations made by the Secretary of State.Closure of accounts not subject to freezing order40G1This section applies where—aa bank or building society makes a notification under section 40B(2) in relation to a person,bthe person is determined by the Secretary of State (following a check under section 40C(1)) to be a disqualified person, andcthe bank or building society receives a notification under section 40C(3) or 40D(7) in relation to the disqualified person.2Where this section applies the bank or building society must as soon as reasonably practicable close each account held with it that—ain the case of a notification under section 40C(3), is operated by or for the disqualified person and is not the subject of an application for a freezing order;bin the case of a notification under section 40D(7), is operated by or for the disqualified person and in respect of which a freezing order is not in force.3The bank or building society may delay closing an account which it would otherwise be required to close under subsection (2) if at the time at which it would otherwise be required to close it—athe account is overdrawn, orbwhere the account is operated by or for the disqualified person and one or more bodies or other persons, the bank or building society considers that closing the account would significantly adversely affect the interests of any of those other bodies or persons.4Where subsection (3) applies, closure of the account may be delayed for such period as is reasonable (but not indefinitely).5If an account falling within subsection (2) is operated by or for the disqualified person and one or more bodies or other persons, the bank or building society is to be treated as having complied with that subsection in relation to that account if, as soon as reasonably practicable, it takes all such steps as are necessary to prevent the account from being operated by or for the disqualified person (instead of closing the account).6Where the bank or building society closes an account in compliance with this section, it must tell each person or body by or for whom the account is operated, if it may lawfully do so, why it has closed the account.7Where the bank or building society prevents an account from being operated by or for the disqualified person by virtue of subsection (5), it must tell each person or body by or for whom the account is operated, if it may lawfully do so, why it has prevented the account from being operated by or for the disqualified person.8The bank or building society must provide the Secretary of State with information about the steps that it has taken to comply with this section.9Information provided under subsection (8) must be provided in the prescribed form and manner and at the prescribed times or with the prescribed frequency.10In subsection (9) “prescribed” means prescribed in regulations made by the Treasury.Sections 40A to 40G: interpretation40H1This section applies for the purposes of sections 40A to 40G.2“Account” includes a financial product by means of which a payment may be made.3“Freezing order” has the meaning given by section 40D(2).4“Disqualified person” has the meaning given by section 40A(3).5References to an account being operated by or for a person or body are to be read in accordance with section 40A(5).31Section 41 (regulation by Financial Conduct Authority) is amended as follows.2In subsection (1), at the end insert “ and the requirements imposed on them by sections 40A, 40B and 40G ”.3In subsection (2)(a), at the end insert “ or immigration checks under section 40A ”.4In section 42 (meaning of “bank” and “building society”), in subsections (1) and (5), for “and 41” substitute “ to 41 ”.51Section 43 (power to amend) is amended as follows.2In subsection (1)(b), after “40(1)” insert “ or the requirement in section 40A(1) ”.3In subsection (1)(c), for “that section” substitute “ section 40 or 40A ”.6In section 74 (orders and regulations), in subsection (2) (statutory instruments to which the affirmative resolution procedure applies), after paragraph (b) insert—baregulations under section 40A(4);bbregulations under section 40B;.71Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of UK judgments in other parts of UK) is amended as follows.2In subsection (3), for “subsection (4)” substitute “ subsections (4) and (4ZA) ”.3After subsection (4) insert—4ZAThis section applies to a freezing order made under section 40D of the Immigration Act 2014 by a magistrates' court in England and Wales or a court of summary jurisdiction in Northern Ireland.SCHEDULE 8Amendments to search warrant provisions Section 54<Emphasis>Immigration Act 1971 (c. 77)</Emphasis>1The Immigration Act 1971 is amended as follows.21Section 28D (entry and search of premises) is amended as follows.2In subsection (1)—ain paragraph (b) for “specified in the application” substitute “ mentioned in subsection (1A) ”, andbat the end of paragraph (e) insert “ in relation to each set of premises specified in the application, ”.3After subsection (1) insert—1AThe premises referred to in subsection (1)(b) above are—aone or more sets of premises specified in the application, orbsubject to subsection (2A), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).1BIf the application is for an all premises warrant, the justice of the peace must also be satisfied—athat because of the particulars of the offence referred to in paragraph (a) of subsection (1), there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection, andbthat it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.1CSubject to subsection (2A), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.1DIf it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.4In subsection (2) after “conditions” insert “ referred to in subsection (1)(e) ”.5After subsection (2) insert—2AA justice of the peace in Scotland may not issue—aan all premises warrant under this section, orba warrant under this section authorising multiple entries.6In subsection (7)—afor “subsection (1)” substitute “ this section ”,bin paragraph (a) for “the reference” substitute “ references ” and for “a reference” substitute “ references ”, andcin paragraph (b) for “paragraph (d)” substitute “ subsection (1)(d) ”.31Section 28FB (search for personnel records with warrant) is amended as follows.2In subsection (1)—aafter “business premises” insert “ mentioned in subsection (1A) ”, andbat the end of paragraph (c) insert “ in relation to each set of premises specified in the application. ”3After subsection (1) insert—1AThe premises referred to in subsection (1) above are—aone or more sets of premises specified in the application, orbsubject to subsection (3C), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).1BIf the application is for an all premises warrant, the justice of the peace must also be satisfied—athat there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the records referred to in subsection (1)(b), andbthat it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.4In subsection (2) for “Those conditions are” substitute “ The conditions referred to in subsection (1)(c) are ”.5After subsection (3) insert—3ASubject to subsection (3C), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.3BIf it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.3CA justice of the peace in Scotland may not issue—aan all premises warrant under this section, orba warrant under this section authorising multiple entries.41Section 28J (search warrants: safeguards) is amended as follows.2In subsection (2)—aafter paragraph (a) insert—aaif the application is for a warrant authorising entry and search on more than one occasion, state the ground on which the officer applies for such a warrant, and whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;, andbfor paragraph (b) substitute—bspecify the matters set out in subsection (2A) below; and.3After subsection (2) insert—2AThe matters which must be specified pursuant to subsection (2)(b) above are—aif the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;bif the application relates to any premises occupied or controlled by a person specified in the application—ias many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;iithe person who is in occupation or control of those premises and any others which it is desired to enter and search;iiiwhy it is necessary to search more premises than those specified under sub-paragraph (i);ivwhy it is not reasonably practicable to specify all the premises which it is desired to enter and search.4In subsection (6) at the end insert “ unless it specifies that it authorises multiple entries ”.5After subsection (6) insert—6AIf it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.6In subsection (7) for paragraph (c) substitute—ceach set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under the person's occupation or control which can be specified and which are to be searched; and.7For subsection (9) substitute—9Two copies must be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.8After subsection (10) insert—10AAll premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.10BReferences in this section to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.51Section 28K (execution of warrants) is amended as follows.2After subsection (2) insert—2AA person so authorised has the same powers as the officer whom the person accompanies in respect of—athe execution of the warrant, andbthe seizure or detention of anything to which the warrant relates.2BBut the person may exercise those powers only in the company, and under the supervision, of an immigration officer.3In subsection (3) for “one month” substitute “ three months ”.4After subsection (3) insert—3AIf the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless an immigration officer of at least the rank of chief immigration officer has in writing authorised them to be entered.3BNo premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless an immigration officer of at least the rank of chief immigration officer has in writing authorised that entry to those premises.5In subsection (4)(a) after “and” insert “ , if not in uniform, ”.6After subsection (8) insert—8AUnless the warrant is a warrant specifying one set of premises only, the officer must comply with subsection (8) separately in respect of each set of premises entered and searched.8BSubject to subsection (8C), a warrant must be returned in accordance with subsection (9)—awhen it has been executed, orbin the case of a specific premises warrant which has not been executed, an all premises warrant or any warrant authorising multiple entries, on the expiry of the period of three months referred to in subsection (3) or sooner.8CSubsection (8B) does not apply to a warrant issued by a justice of the peace in Scotland or by the sheriff if the warrant has been executed.7In subsection (9) for the words from “A warrant” to “its execution,” substitute “ The warrant ”.8After subsection (13) insert—13AIn subsection (8B)—“specific premises warrant” means a warrant which is not an all premises warrant;“all premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.13BThe reference in subsection (8B) to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.61Paragraph 25A of Schedule 2 (search of premises for nationality documents) is amended as follows.2In sub-paragraph (6A)—afor “specified in the application” substitute “ mentioned in sub-paragraph (6AA) ”, andbat the end of paragraph (b) insert “ in relation to each set of premises specified in the application, ”.3After sub-paragraph (6A) insert—6AAThe premises referred to in sub-paragraph (6A) above are—aone or more sets of premises specified in the application, orbsubject to sub-paragraph (6BA), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).6ABIf the application is for an all premises warrant, the justice of the peace must also be satisfied—athat there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the relevant documents, andbthat it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.6ACSubject to sub-paragraph (6BA), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.6ADIf it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.4In sub-paragraph (6B) after “conditions” insert “ mentioned in sub-paragraph (6A)(b) ”.5After sub-paragraph (6B) insert—6BAA justice of the peace in Scotland may not issue—aan all premises warrant under this paragraph, orba warrant under this paragraph authorising multiple entries.6In sub-paragraph (6C) for “sub-paragraph (6A)” substitute “ sub-paragraphs (6A) to (6BA) ”.<Emphasis>UK Borders Act 2007 (c. 30)</Emphasis>71Section 45 of the UK Borders Act 2007 (search of premises for nationality documents) is amended as follows.2In subsection (2)—ain paragraph (b) for “specified in the application” substitute “ mentioned in subsection (2A) ”, andbat the end of paragraph (d) insert “ in relation to each set of premises specified in the application, ”.3After subsection (2) insert—2AThe premises referred to in subsection (2)(b) above are—aone or more sets of premises specified in the application, orbsubject to subsection (3A), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).2BIf the application is for an all premises warrant, the justice of the peace must also be satisfied—athat there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the nationality documents, andbthat it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.2CSubject to subsection (3A), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.2DIf it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.4In subsection (3) after “conditions” insert “ mentioned in subsection (2)(d) ”.5After subsection (3) insert—3AA justice of the peace in Scotland may not issue—aan all premises warrant under this section, orba warrant under this section authorising multiple entries.SCHEDULE 9Duty to supply nationality documents to Secretary of State: persons to whom duty applies Section 55<CommentaryRef Ref="key-a988f1b77b8e94a75d0a6efdb9f0bb54"/>

This is the new Schedule A1 to the Immigration and Asylum Act 1999 referred to in section 55—SCHEDULE A1Persons to whom section 20A applies Section 20A<Emphasis>Law enforcement</Emphasis>1The chief officer of police for a police area in England and Wales.2The chief constable of the Police Service of Scotland.3The Chief Constable of the Police Service of Northern Ireland.4The Chief Constable of the British Transport Police Force.5A Port Police Force established under an order made under section 14 of the Harbours Act 1964.6The Port Police Force established under Part 10 of the Port of London Act 1968.7A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.8The National Crime Agency.<Emphasis>Local government</Emphasis>9A county council or district council in England.10A London borough council.11The Greater London Authority.12The Common Council of the City of London in its capacity as a local authority.13The Council of the Isles of Scilly.14A county council or a county borough council in Wales.15A council constituted under section 2 of the Local Government etc (Scotland) Act 1994.16A district council in Northern Ireland.<Emphasis>Regulatory bodies</Emphasis>17The Gangmasters and Labour Abuse Authority.18The Security Industry Authority.<Emphasis>Health bodies</Emphasis>19An NHS trust established under section 25 of the National Health Service Act 2006 or under section 18 of the National Health Service (Wales) Act 2006.20An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.21A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.22A National Health Service Trust established under section 12A of the National Health Service (Scotland) Act 1978.23A Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (SI 1991/194 (NI 1)).<Emphasis>Education bodies</Emphasis>24The proprietor of a school or 16 to 19 Academy within the meaning of the Education Act 1996 (see sections 4 and 579(1) of that Act).25The governing body of an institution within the further education sector within the meaning of the Further and Higher Education Act 1992 (see sections 90 and 91 of that Act).26The governing body of a qualifying institution within the meaning of Part 2 of the Higher Education Act 2004 (see sections 11 and 21 of that Act).27The proprietor or governing body of a school within the meaning of the Education (Scotland) Act 1980 (see section 135(1) of that Act).28The proprietor or governing body of a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005 (see section 35 of that Act).29The proprietor of a school within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)) (see Article 2(2) of that Order).30The governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) (see Article 2(2) of that Order).31The governing body of a higher education institution as defined by Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993 (SI 1993/2810 (NI 12)).<Emphasis>Registration officials</Emphasis>32The Registrar General for England and Wales.33A superintendent registrar of births, deaths and marriages.34A registrar of births, deaths and marriages.35A civil partnership registrar within the meaning of Chapter 1 of Part 2 of the Civil Partnership Act 2004 (see section 29 of that Act).36The Registrar General for Scotland.37A district registrar within the meaning of section 7 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.38A senior registrar within the meaning of that section.39An assistant registrar within the meaning of that section.40The Registrar General for Northern Ireland.41A person appointed under Article 31(1) or (3) of the Marriage (Northern Ireland) Order 2003 (SI 2003/413 (NI 3)).42A person appointed under section 152(1) or (3) of the Civil Partnership Act 2004.<Emphasis>Other bodies: Northern Ireland</Emphasis>43The Northern Ireland Housing Executive.

SCHEDULE 10Immigration bail Section 61PART 1Main provisions<Emphasis>Power to grant immigration bail</Emphasis>11The Secretary of State may grant a person bail if—athe person is being detained under paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),bthe person is being detained under paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),cthe person is being detained under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), ordthe person is being detained under section 36(1) of the UK Borders Act 2007 (detention pending deportation).2The Secretary of State may grant a person bail if the person is liable to detention under a provision mentioned in sub-paragraph (1).3The First-tier Tribunal may, on an application made to the Tribunal for the grant of bail to a person, grant that person bail if—athe person is being detained under paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971,bthe person is being detained under paragraph 2(1), (2) or (3) of Schedule 3 to that Act,cthe person is being detained under section 62 of the Nationality, Immigration and Asylum Act 2002, ordthe person is being detained under section 36(1) of the UK Borders Act 2007.4In this Schedule references to the grant of immigration bail, in relation to a person, are to the grant of bail to that person under any of sub-paragraphs (1) to (3) or under paragraph 10(12) or (13) (release following arrest for breach of bail conditions).5A person may be granted and remain on immigration bail even if the person can no longer be detained, if—athe person is liable to detention under a provision mentioned in sub-paragraph (1), orbthe Secretary of State is considering whether to make a deportation order against the person under section 5(1) of the Immigration Act 1971.6A grant of immigration bail to a person does not prevent the person's subsequent detention under a provision mentioned in sub-paragraph (1).7For the purposes of this Schedule a person is on immigration bail from when a grant of immigration bail to the person commences to when it ends.8A grant of immigration bail to a person ends when—ain a case where sub-paragraph (5) applied to the person, that sub-paragraph no longer applies to the person,bthe person is granted leave to enter or remain in the United Kingdom,cthe person is detained under a provision mentioned in sub-paragraph (1), ordthe person is removed from or otherwise leaves the United Kingdom.9This paragraph is subject to paragraph 3 (exercise of power to grant immigration bail).<Emphasis>Conditions of immigration bail</Emphasis>21Subject to sub-paragraph (2), if immigration bail is granted to a person, it must be granted subject to one or more of the following conditions—aa condition requiring the person to appear before the Secretary of State or the First-tier Tribunal at a specified time and place;ba condition restricting the person's work, occupation or studies in the United Kingdom;ca condition about the person's residence;da condition requiring the person to report to the Secretary of State or such other person as may be specified;ean electronic monitoring condition (see paragraph 4);fsuch other conditions as the person granting the immigration bail thinks fit.2Sub-paragraph (3) applies in place of sub-paragraph (1) in relation to a person who is being detained under a provision mentioned in paragraph 1(1)(b) or (d) or who is liable to detention under such a provision.3If immigration bail is granted to such a person—asubject to sub-paragraphs (5) to (9), it must be granted subject to an electronic monitoring condition,bif, by virtue of sub-paragraph (5) or (7), it is not granted subject to an electronic monitoring condition, it must be granted subject to one or more of the other conditions mentioned in sub-paragraph (1), andcif it is granted subject to an electronic monitoring condition, it may be granted subject to one or more of those other conditions.4Immigration bail granted in accordance with sub-paragraph (1) or (3) may also be granted subject to a financial condition (see paragraph 5).5Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the Secretary of State if the Secretary of State considers that to impose an electronic monitoring condition on the person would be—aimpractical, orbcontrary to the person's Convention rights.6Where sub-paragraph (5) applies, the Secretary of State must not grant immigration bail to the person subject to an electronic monitoring condition.7Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the First-tier Tribunal if the Secretary of State informs the Tribunal that the Secretary of State considers that to impose an electronic monitoring condition on the person would be—aimpractical, orbcontrary to the person's Convention rights.8Where sub-paragraph (7) applies, the First-tier Tribunal must not grant immigration bail to the person subject to an electronic monitoring condition.9In considering for the purposes of this Schedule whether it would be impractical to impose an electronic monitoring condition on a person, or would be impractical for a person to continue to be subject to such a condition, the Secretary of State may in particular have regard to—aany obstacles to making arrangements of the kind mentioned in paragraph 4 in relation to the person,bthe resources that are available for imposing electronic monitoring conditions on persons to whom sub-paragraph (2) applies and for managing the operation of such conditions in relation to such persons,cthe need to give priority to the use of those resources in relation to particular categories of persons to whom that sub-paragraph applies, anddthe matters listed in paragraph 3(2) as they apply to the person.10In this Schedule “Convention rights” is to be construed in accordance with section 1 of the Human Rights Act 1998.11In this Schedule “bail condition”, in relation to a person on immigration bail, means a condition to which the person's bail is subject.<Emphasis>Exercise of power to grant immigration bail</Emphasis>31The Secretary of State or the First-tier Tribunal must have regard to the matters listed in sub-paragraph (2) in determining—awhether to grant immigration bail to a person, andbthe conditions to which a person's immigration bail is to be subject.2Those matters are—athe likelihood of the person failing to comply with a bail condition,bwhether the person has been convicted of an offence (whether in or outside the United Kingdom or before or after the coming into force of this paragraph),cthe likelihood of a person committing an offence while on immigration bail,dthe likelihood of the person's presence in the United Kingdom, while on immigration bail, causing a danger to public health or being a threat to the maintenance of public order,ewhether the person's detention is necessary in that person's interests or for the protection of any other person, eawhether the person has failed without reasonable excuse to cooperate with any process—ifor determining whether the person requires or should be granted leave to enter or remain in the United Kingdom,iifor determining the period for which the person should be granted such leave and any conditions to which it should be subject,iiifor determining whether the person’s leave to enter or remain in the United Kingdom should be varied, curtailed, suspended or cancelled,ivfor determining whether the person should be removed from the United Kingdom, orvfor removing the person from the United Kingdom, andfsuch other matters as the Secretary of State or the First-tier Tribunal thinks relevant.3A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 8 days beginning with the date of the person's arrival in the United Kingdom.4A person must not be granted immigration bail by the First-tier Tribunal without the consent of the Secretary of State if—adirections for the removal of the person from the United Kingdom are for the time being in force, andbthe directions require the person to be removed from the United Kingdom within the period of 21 days beginning with the date of the decision on whether the person should be granted immigration bail.5If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse to grant, immigration bail to a person, the Secretary of State or the Tribunal must give the person notice of the decision.6Where the First-tier Tribunal is required under sub-paragraph (5) to a give a person notice of a decision, it must also give the Secretary of State notice of the decision.7Where the decision is to grant immigration bail, a notice under sub-paragraph (5) or (6) must state—awhen the grant of immigration bail commences, andbthe bail conditions.8The commencement of a grant of immigration bail may be specified to be conditional on arrangements specified in the notice being in place to ensure that the person is able to comply with the bail conditions.<Emphasis>Electronic monitoring condition</Emphasis>41In this Schedule an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following—aP's location at specified times, during specified periods of time or while the arrangements are in place;bP's presence in a location at specified times, during specified periods of time or while the arrangements are in place;cP's absence from a location at specified times, during specified periods of time or while the arrangements are in place.2The arrangements may in particular—arequire P to wear a device;brequire P to make specified use of a device;crequire P to communicate in a specified manner and at specified times or during specified periods;dinvolve the exercise of functions by persons other than the Secretary of State or the First-tier Tribunal.3If the arrangements require P to wear, or make specified use of, a device they must—aprohibit P from causing or permitting damage to, or interference with the device, andbprohibit P from taking or permitting action that would or might prevent the effective operation of the device.4In this paragraph “specified” means specified in the arrangements.5An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old.<Emphasis>Financial condition</Emphasis>51In this Schedule a “financial condition” means a condition requiring the payment of a sum of money by the person to whom immigration bail is granted (“P”) or another person, in a case where P fails to comply with another condition to which P's immigration bail is subject.2A financial condition may be imposed on P only if the person imposing the condition thinks that it would be appropriate to do so with a view to ensuring that P complies with the other bail conditions.3The financial condition must specify—athe sum of money required to be paid,bwhen it is to be paid, andcthe form and manner in which it is to be paid.4A sum to be paid under a financial condition is to be paid to the person who granted the immigration bail, subject to sub-paragraph (5).5If the First-tier Tribunal has directed that the power in paragraph 6(1) (power to vary bail conditions) is to be exercisable by the Secretary of State in relation to P, the sum is to be paid to the Secretary of State.6No sum is required to be paid under a financial condition unless the person who is liable to make a payment under it has been given an opportunity to make representations to the person to whom it is to be paid.7In England and Wales a sum payable under a financial condition is recoverable as if it were payable under an order of the county court in England and Wales.8In Scotland a sum payable under a financial condition may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.9In Northern Ireland a sum payable under a financial condition is recoverable as if it were payable under an order of a county court in Northern Ireland.10Where action is taken under this paragraph for the recovery of a sum payable under a financial condition, the requirement to pay the sum is—ain relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;bin relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.<Emphasis>Power to vary bail conditions</Emphasis>61Subject to this paragraph and to paragraphs 7 and 8, where a person is on immigration bail—aany of the conditions to which it is subject may be amended or removed, orbone or more new conditions of the kind mentioned in paragraph 2(1) or (4) may be imposed on the person.2The power in sub-paragraph (1) is exercisable by the person who granted the immigration bail, subject to sub-paragraphs (3) and (4).3The Secretary of State may exercise the power in sub-paragraph (1) in relation to a person to whom immigration bail was granted by the First-tier Tribunal if the Tribunal so directs.4If the First-tier Tribunal gives a direction under sub-paragraph (3), the Tribunal may not exercise the power in sub-paragraph (1) in relation to the person.5The First-tier Tribunal may not exercise the power in sub-paragraph (1)(a) so as to amend an electronic monitoring condition.6If the Secretary of State or the First-tier Tribunal exercises, or refuses to exercise, the power in sub-paragraph (1), the Secretary of State or the Tribunal must give notice to the person who is on immigration bail.7Where the First-tier Tribunal is required under sub-paragraph (6) to give notice to a person, it must also give notice to the Secretary of State.<Emphasis>Removal etc of electronic monitoring condition: bail managed by Secretary of State</Emphasis>71This paragraph applies to a person who—ais on immigration bail—ipursuant to a grant by the Secretary of State, oriipursuant to a grant by the First-tier Tribunal in a case where the Tribunal has directed that the power in paragraph 6(1) is exercisable by the Secretary of State, andbbefore the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d).2Where the person is subject to an electronic monitoring condition, the Secretary of State—amust not exercise the power in paragraph 6(1) so as to remove the condition unless sub-paragraph (3) applies, butbif that sub-paragraph applies, must exercise that power so as to remove the condition.3This sub-paragraph applies if the Secretary of State considers that—ait would be impractical for the person to continue to be subject to the condition, orbit would be contrary to that person's Convention rights for the person to continue to be subject to the condition.4If, by virtue of paragraph 2(5) or (7) or this paragraph, the person is not subject to an electronic monitoring condition, the Secretary of State—amust not exercise the power in paragraph 6(1) so as to impose such a condition on the person unless sub-paragraph (5) applies, butbif that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.5This sub-paragraph applies if, having considered whether it would be impractical or contrary to the person's Convention rights to impose such a condition on the person, the Secretary of State—adoes not consider that it would be impractical to do so, andbdoes not consider that it would be contrary to the person's Convention rights to do so.<Emphasis>Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal</Emphasis>81This paragraph applies to a person who—ais on immigration bail pursuant to a grant by the First-tier Tribunal in a case where the Tribunal has not directed that the power in paragraph 6(1) is exercisable by the Secretary of State, andbbefore the person was granted immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d).2Where the person is subject to an electronic monitoring condition, the First-tier Tribunal—amust not exercise the power in paragraph 6(1) so as to remove the condition unless sub-paragraph (3) applies, butbif that sub-paragraph applies, must exercise that power so as to remove the condition.3This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State considers that—ait would be impractical for the person to continue to be subject to the condition, orbit would be contrary to that person's Convention rights for the person to continue to be subject to the condition.4If, by virtue of paragraph 2(7) or this paragraph, the person is not subject to an electronic monitoring condition, the First-tier Tribunal—amust not exercise the power in paragraph 6(1) so as to impose such a condition on the person unless sub-paragraph (5) applies, butbif that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.5This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State—adoes not consider that it would be impractical to impose such a condition on the person, andbdoes not consider that it would be contrary to the person's Convention rights to impose such a condition on the person.<Emphasis>Powers of Secretary of State to enable person to meet bail conditions</Emphasis>91Sub-paragraph (2) applies where—aa person is on immigration bail subject to a condition requiring the person to reside at an address specified in the condition, andbthe person would not be able to support himself or herself at the address unless the power in sub-paragraph (2) were exercised.2The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of that person at that address.3But the power in sub-paragraph (2) applies only to the extent that the Secretary of State thinks that there are exceptional circumstances which justify the exercise of the power.4The Secretary of State may make a payment to a person on immigration bail in respect of travelling expenses which the person has incurred or will incur for the purpose of complying with a bail condition.5But the power in sub-paragraph (4) applies only to the extent that the Secretary of State thinks that there are exceptional circumstances which justify the making of the payment.<Emphasis>Arrest for breach of immigration bail</Emphasis>101An immigration officer or a constable may arrest without warrant a person on immigration bail if the immigration officer or constable—ahas reasonable grounds for believing that the person is likely to fail to comply with a bail condition, orbhas reasonable grounds for suspecting that the person is failing, or has failed, to comply with a bail condition.2Sub-paragraph (3) applies if an appropriate judicial officer is satisfied that there are reasonable grounds for believing that a person liable to be arrested under this paragraph is to be found on any premises.3The appropriate judicial officer may issue a warrant authorising any immigration officer or constable to enter, by reasonable force if necessary, the premises named in the warrant for the purposes of searching for and arresting that person.4Sections 28J and 28K of the Immigration Act 1971 (warrants: application and execution) apply, with any necessary modifications, to warrants under sub-paragraph (3).5Sub-paragraph (6) applies where—aa warrant under this paragraph is issued for the purposes of the arrest of a person under this paragraph, andban immigration officer or a constable enters premises in reliance on the warrant and detains a person on the premises.6A detainee custody officer may enter the premises, if need be by reasonable force, for the purpose of carrying out a search.7In sub-paragraph (6)—“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (detained persons: escort and custody), and“search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).8Paragraphs 25A to 25C of Schedule 2 to the Immigration Act 1971 (entry and search of persons and premises) apply in relation to a person arrested under this paragraph as they apply in relation to a person arrested under that Schedule.9A person arrested under this paragraph—amust, as soon as is practicable after the person's arrest, be brought before the relevant authority, andbmay be detained under the authority of the Secretary of State in the meantime.10The relevant authority is—athe Secretary of State, if the Secretary of State granted immigration bail to the arrested person or the First-tier Tribunal has directed that the power in paragraph 6(1) is exercisable by the Secretary of State in relation to that person, orbotherwise, the First-tier Tribunal.11Where an arrested person is brought before the relevant authority, the relevant authority must decide whether the arrested person has broken or is likely to break any of the bail conditions.12If the relevant authority decides the arrested person has broken or is likely to break any of the bail conditions, the relevant authority must—adirect that the person is to be detained under the provision mentioned in paragraph 1(1) under which the person is liable to be detained, orbgrant the person bail subject to the same or different conditions, subject to sub-paragraph (14).13If the relevant authority decides the person has not broken and is not likely to break any of the bail conditions, the relevant authority must grant the person bail subject to the same conditions (but this is subject to sub-paragraph (14), and does not prevent the subsequent exercise of the powers in paragraph 6).14The power in sub-paragraph (12) to grant bail subject to the same conditions and the duty in sub-paragraph (13) to do so do not affect the requirement for the grant of bail to comply with paragraph 2.15In this paragraph—“appropriate judicial officer” means—in relation to England and Wales, a justice of the peace;in relation to Scotland, the sheriff or a justice of the peace;in relation to Northern Ireland, a lay magistrate;“premises”—in relation to England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;in relation to Scotland, has the same meaning as in section 412 of the Proceeds of Crime Act 2002;in relation to Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)).<Emphasis>Duty to arrange consideration of bail</Emphasis>111Subject as follows, the Secretary of State must arrange a reference to the First-tier Tribunal for the Tribunal to decide whether to grant bail to a person if—athe person is being detained under a provision mentioned in paragraph 1(1)(a) or (c), andbthe period of four months beginning with the relevant date has elapsed.2In sub-paragraph (1)(b) “the relevant date” means—athe date on which the person's detention began, orbif a relevant event has occurred in relation to the person since that date, the last date on which such an event has occurred in relation to the person.3The following are relevant events in relation to a person for the purposes of sub-paragraph (2)(b)—aconsideration by the First-tier Tribunal of whether to grant immigration bail to the person;bwithdrawal by the person of an application for immigration bail treated as made by the person as the result of a reference under this paragraph;cwithdrawal by the person of a notice given under sub-paragraph (6)(b).4The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person—aincludes such consideration regardless of whether there is a hearing or the First-tier Tribunal makes a determination in the case in question;bincludes the dismissal of an application by virtue of provision made under paragraph 12(2).5The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person does not include such consideration in a case where—athe person has made an application for bail, other than one treated as made by the person as the result of a reference under this paragraph, andbthe First-tier Tribunal is prevented from granting bail to the person by paragraph 3(4) (requirement for Secretary of State's consent to bail).6The duty in sub-paragraph (1) to arrange a reference does not apply if—asection 3(2) of the Special Immigration Appeals Commission Act 1997 (persons detained in interests of national security etc) applies to the person, orbthe person has given to the Secretary of State, and has not withdrawn, written notice that the person does not wish the person's case to be referred to the First-tier Tribunal under this paragraph.7A reference to the First-tier Tribunal under this paragraph in relation to a person is to be treated for all purposes as an application by that person for the grant of bail under paragraph 1(3).<Emphasis>Tribunal Procedure Rules</Emphasis>121Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under this Schedule and matters arising out of such applications.2Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to grant a person immigration bail, the Tribunal must dismiss without a hearing any further application for the person to be granted immigration bail which—ais an application to which sub-paragraph (3) applies, butbis not an application to which sub-paragraph (4) applies.3This sub-paragraph applies to an application made during the period of 28 days beginning with the date of the decision mentioned in sub-paragraph (2).4This sub-paragraph applies to an application on which the person demonstrates there has been a material change in the person's circumstances.<Emphasis>Transitional provision</Emphasis>131Regulations under section 92(1) may, in particular, provide for a person to whom this sub-paragraph applies to be treated, for such purposes as may be specified, as having been granted immigration bail in such circumstances and subject to such conditions as may be specified.2Sub-paragraph (1) applies to a person who, at the specified time, was not in detention on the basis that—athe person had been temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the Immigration Act 1971,bthe person had been released from detention under that paragraph,cthe person was liable to be detained under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 but, by virtue of a direction of the Secretary of State or the court, was not so detained,dthe person was liable to be detained under paragraph 2(2) or (3) of that Schedule but was not so detained,ethe person had been released from detention under section 36(3) of the UK Borders Act 2007, orfthe person had been released on bail from detention under any provision of the Immigration Acts.3Regulations under section 92(1) may, in particular—amake provision about the circumstances in which the power in paragraph 6(1) may or must be exercised so as to impose an electronic monitoring condition on a person to whom this sub-paragraph applies;benable the Secretary of State to exercise a discretion in determining whether an electronic monitoring condition should be imposed on such a person,and may, in particular, do so by providing for paragraph 7 or 8 to have effect with modifications in relation to such a person.4Sub-paragraph (3) applies to a person who—aby virtue of regulations under section 92(1) is treated as having been granted immigration bail as a result of falling within—isub-paragraph (2)(c), (d) or (e), oriisub-paragraph (2)(f) on the basis that the person had been released on bail from detention under paragraph 2 of Schedule 3 to the Immigration Act 1971,bis not treated as being subject to an electronic monitoring condition, andcis not otherwise subject to an electronic monitoring condition.5Sub-paragraph (3) applies to a person who—ais on immigration bail pursuant to a grant before the coming into force of paragraph 2(2) and (3), or the coming into force of those provisions in relation to grants of that kind,bbefore the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d), andcis not subject to an electronic monitoring condition.6In this paragraph “specified” means specified in regulations under section 92(1).PART 2Amendments to other Acts<Emphasis>Immigration Act 1971 (c. 77)</Emphasis>14The Immigration Act 1971 is amended as follows.15In section 11(1) (construction of references to entry)—aomit “, or temporarily admitted or released while liable to detention,”,bomit “or by Part III of the Immigration and Asylum Act 1999”, andcfor “or by section 68 of the Nationality, Immigration and Asylum Act 2002” substitute “ or on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 ”.161Section 24 (illegal entry and other similar offences) is amended as follows.2In subsection (1)—aomit paragraph (e), andbat the end of paragraph (g) insert; hif the person is on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 and, without reasonable excuse, the person breaches a bail condition within the meaning of that Schedule.3In subsection (3) for “28” substitute “ 28(1) ”.4After that subsection insert—3AThe extended time limit for prosecutions which is provided for by section 28(1A) below shall apply to offences under subsection (1)(h) above.171Section 28 (proceedings for offences) is amended as follows.2In subsection (1) for “24” substitute “ 24(3) ”.3After that subsection insert—1AWhere the offence is one to which, under section 24(3A), an extended time limit for prosecutions is to apply, then—aan information relating to the offence may in England and Wales be tried by a magistrates' court if it is laid—iwithin the period of six months beginning with the date of the commission of the offence, oriiwithin the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i),bsummary proceedings for the offence may in Scotland be commenced—iwithin the period of six months beginning with the date of the commission of the offence, oriiwithin the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i), andca complaint charging the commission of an offence under this paragraph may in Northern Ireland be heard and determined by a magistrates' court if it is made—iwithin the period of six months beginning with the date of the commission of the offence, oriiwithin the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i).4In subsection (2) for “subsection (1)(b)” substitute “ subsections (1)(b) and (1A)(b) ”.18In section 28B(5) (meaning of “relevant offence”) for “(e) or (f)” substitute “ (f) or (h) ”.19In section 28D(4) (meaning of “relevant offence”) for “(e) or (f)” substitute “ (f) or (h) ”.20In Schedule 2 (administrative provisions as to control on entry etc) omit paragraphs 21 to 25 and 29 to 34.211Schedule 3 (supplementary provisions as to deportation) is amended as follows.2In paragraph 2—ain sub-paragraph (1)—iomit the words from “, unless” in the first place it appears to “below,”, andiifor the words from “unless” in the second place it appears to the end of the sub-paragraph substituteunless— athe court by which the recommendation is made grants bail to the person, orbthe person is released on immigration bail under Schedule 10 to the Immigration Act 2016.”,,bin sub-paragraph (1A) for the words from “direct” to the end of the sub-paragraph substitute “ release the person on bail without setting aside the recommendation. ”,cin sub-paragraph (3) for the words from “unless” to the end of the sub-paragraph substitute “ unless he is released on immigration bail under Schedule 10 to the Immigration Act 2016. ”, anddfor sub-paragraphs (4A) to (6) substitute—5The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under sub-paragraph (1) or (1A).6If the court grants bail to a person under sub-paragraph (1) or (1A), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule.7A reference in any provision of, or made under, an enactment other than this paragraph to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under sub-paragraph (1) or (1A) or (as the case may be) a condition imposed by the court on the grant of such bail.3Omit paragraphs 3 to 10.<Emphasis>Special Immigration Appeals Commission Act 1997 (c. 68)</Emphasis>22The Special Immigration Appeals Commission Act 1997 is amended as follows.23In section 3(1) (jurisdiction: bail) for “Schedule 2 to the Immigration Act 1971” substitute “ Schedule 10 to the Immigration Act 2016 ”.241Section 5 (procedure in relation to jurisdiction under sections 2 and 3) is amended as follows.2In subsection (4)(a) for “Part II of Schedule 2 to the Immigration Act 1971” substitute “ Schedule 10 to the Immigration Act 2016 ”.3In subsection (5) for “paragraphs 22 to 24 of Schedule 2 to the Immigration Act 1971” substitute “ Schedule 10 to the Immigration Act 2016 ”.4In subsection (5A)—afor “bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971” substitute “ immigration bail under Schedule 10 to the Immigration Act 2016 ”, andbfor “bail” in the second place it appears substitute “ immigration bail ”.25For Schedule 3 substitute—SCHEDULE 3Bail: Modifications of Schedule 10 to the Immigration Act 2016 Section 31Paragraph 1(3) (power to grant bail) has effect as if—afor “The First-tier Tribunal” there were substituted “ The Special Immigration Appeals Commission ”, andbfor “the Tribunal” there were substituted “ the Commission ”.2Paragraph 2 (conditions of immigration bail) has effect as if—ain sub-paragraphs (1)(a), (7) and (8) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, andbin sub-paragraph (7) for “the Tribunal” there were substituted “ the Commission ”.3Paragraph 3 (exercise of power to grant immigration bail) has effect as if—ain sub-paragraphs (1), (2)(f), (3), (4), (5) and (6) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, andbin sub-paragraph (5) for “the Tribunal” there were substituted “ the Commission ”.4Paragraph 4(2)(d) (arrangements under electronic monitoring condition) has effect as if for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”.5Paragraph 5(5) (payment of sum under financial condition) has effect as if for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”.6Paragraph 6 (power to vary bail conditions) has effect as if—ain sub-paragraphs (3), (4), (6) and (7) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”,bin sub-paragraph (5) for “The First-tier Tribunal” there were substituted “ The Special Immigration Appeals Commission, ”, andcin sub-paragraphs (3), (4) and (6) for “the Tribunal” there were substituted “ the Commission ”.7Paragraph 7(1)(a)(ii) (removal etc of electronic monitoring condition: bail managed by Secretary of State) has effect as if—afor “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, andbfor “the Tribunal” there were substituted “ the Commission ”.8Paragraph 8 (amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal) has effect as if—ain sub-paragraphs (1)(a), (2), (3), (4) and (5) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, andbin sub-paragraph (1)(a) for “the Tribunal” there were substituted “ the Commission ”.9Paragraph 10(10) (meaning of “relevant authority”) has effect as if for “the First-tier Tribunal” in both places there were substituted “ the Special Immigration Appeals Commission ”.<Emphasis>Immigration and Asylum Act 1999 (c. 33)</Emphasis>26The Immigration and Asylum Act 1999 is amended as follows.27In section 10(9) (removal of persons unlawfully in the United Kingdom: application of Schedule 2 to the Immigration Act 1971) omit paragraphs (h) and (i).28In section 53 (applications for bail in immigration cases) omit subsection (4).29In section 95(9A) (support for asylum seekers etc: matters to which conditions may relate) in paragraph (b) for the words from “restriction” to the end of the paragraph substitute “ condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail). ”301Section 141 (fingerprinting: persons temporarily admitted to the United Kingdom) is amended as follows.2In subsection (7)(b) for “temporarily admitted under paragraph 21 of Schedule 2 to the 1971 Act” substitute “ granted immigration bail under Schedule 10 to the Immigration Act 2016 ”.3In subsection (8)(b) for “admit him temporarily” substitute “ grant him bail ”.<Emphasis>Nationality, Immigration and Asylum Act 2002 (c. 41)</Emphasis>31The Nationality, Immigration and Asylum Act 2002 is amended as follows.321Section 23 (power for residence restriction to include requirement to reside at accommodation centre) is amended as follows.2In subsection (1) for “restriction” substitute “ condition ”.3For subsection (2) substitute—2In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.4In subsection (4) for “restriction” substitute “ condition ”.33In section 30 (conditions of residence at accommodation centres) in subsection (7) for the words from “restriction” to the end of the subsection substitute “ condition imposed under Schedule 10 to the Immigration Act 2016. ”341Section 62 (detention by the Secretary of State) is amended as follows.2In subsection (3) omit paragraph (b) (but not the “and” at the end of it).3Omit subsection (4).35Omit sections 68 (bail) and 69 (reporting restriction: travel expenses).361Section 70 (power for residence restriction to take account of induction programmes for asylum seekers) is amended as follows.2In subsection (1) for “restriction” in both places substitute “ condition ”.3For subsection (2) substitute—2In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.4In subsection (5) for “restrictions” substitute “ conditions ”.371Section 71 (asylum seeker: residence etc restriction) is amended as follows.2In subsection (2)—afor the words from “restriction” to “restrictions)” substitute “ condition which may be imposed under Schedule 10 to the Immigration Act 2016 ”, andbfor “that Schedule” substitute “ Schedule 2 to the Immigration Act 1971 ”.3In subsection (3)—afor “restriction” in each place substitute “ condition ”,bfor “paragraph 21 of that Schedule” substitute “ Schedule 10 to the Immigration Act 2016 ”, andcfor “that Schedule” substitute “ Schedule 2 to the Immigration Act 1971 ”.4In subsection (4) for “restriction” substitute “ condition ”.<Emphasis>Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)</Emphasis>38In the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 omit section 36 (electronic monitoring).<Emphasis>Immigration, Asylum and Nationality Act 2006 (c. 13)</Emphasis>39In section 24 of the Immigration, Asylum and Nationality Act 2006 (temporary admission)—ain the heading, for “Temporary admission, &c” substitute “ Immigration bail ”,bfor “paragraph 21(1) of Schedule 2 to the Immigration Act 1971 (c 77) (temporary admission or release from detention)” substitute “ a grant of immigration bail to the person under Schedule 10 to the Immigration Act 2016 ”, andcin paragraph (b) for “paragraph 21(2)” substitute “ that Schedule as a condition of that person's immigration bail ”.<Emphasis>UK Borders Act 2007 (c. 30)</Emphasis>401Section 36 of the UK Borders Act 2007 (detention) is amended as follows.2In subsection (2) for the words from “unless” to the end of the subsection substitute “ unless the person is granted immigration bail under Schedule 10 to the Immigration Act 2016. ”3In subsection (3) for “direct release” substitute “ release a person on bail ”.4After subsection (3) insert—3AThe provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under subsection (3).3BIf the court grants bail to a person under subsection (3), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule.3CA reference in any provision of, or made under, an enactment other than this section to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under subsection (3) or (as the case may be) a condition imposed by the court on the grant of such bail.5In subsection (4) omit “(including provisions about bail)”.6Omit subsection (5).<Emphasis>Criminal Justice and Immigration Act 2008 (c. 4)</Emphasis>41The Criminal Justice and Immigration Act 2008 is amended as follows.42In section 132(4) (special immigration status: effect of designation) in paragraph (b) for the words from “temporary admission” to the end of the paragraph substitute “ immigration bail under Schedule 10 to the Immigration Act 2016. ”43In section 133 (special immigration status: conditions) for subsections (3) and (4) substitute—3If a condition is imposed under this section on a designated person, the person imposing the condition may also impose an electronic monitoring condition within the meaning of Schedule 10 to the Immigration Act 2016 on the designated person.3AParagraph 4 (electronic monitoring conditions) of that Schedule applies in relation to a condition imposed under subsection (3) as it applies to an electronic monitoring condition imposed under that Schedule.4Paragraph 9(4) and (5) (bail conditions: travelling expenses) of that Schedule applies in relation to conditions imposed under subsection (2)(c) as it applies to conditions imposed under that Schedule.SCHEDULE 11Support for certain categories of migrant Section 66PART 1Amendments of the Immigration Acts<Emphasis>Abolition of power to support certain categories of migrant</Emphasis>1Section 4 of the Immigration and Asylum Act 1999 (provision of accommodation for failed asylum-seekers, etc) is repealed.2In consequence of the repeal made by paragraph 1—ain section 26A of the Immigration Act 1971, omit subsection (1)(b)(ii);bin the following provisions, omit “section 4 or”—isection 3A(7A) of the Protection from Eviction Act 1977;iiparagraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15));iiisection 23A(5A) of the Rent (Scotland) Act 1984;ivparagraph 4A(1) of Schedule 1 to the Housing Act 1985;vparagraph 11B of Schedule 4 to the Housing (Scotland) Act 1988;viparagraph 12A(1) of Schedule 1 to the Housing Act 1988;cin section 99 of the Immigration and Asylum Act 1999, in subsections (1) and (4), omit “4,”;din section 103 of that Act—iomit subsection (2A), andiiin subsections (6) and (7), for “section 4 or 95” substitute “ section 95 ”;ein section 118(1)(b) of that Act, omit “4,”;fin section 166(5) of that Act, omit paragraph (za);gin the Nationality, Immigration and Asylum Act 2002—iin section 23, omit subsection (5),iiin section 26, in subsection (3), omit “4,”,iiiomit section 49,ivin section 51, in subsection (2), omit paragraph (b), andvin section 55, in subsection (2)(a), omit “4,”;hin the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, omit section 10;iin the Immigration, Asylum and Nationality Act 2006, omit section 43(1)(b), (2), (5), (6) and (7);jin the UK Borders Act 2007—iin section 17, in subsection (1)(a), omit “(and section 4)”, andiiin section 40, in subsection (1), omit paragraph (e);kin section 134 of the Criminal Justice and Immigration Act 2008, omit subsection (5);lin Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in paragraph 31(1)(a), omit “4 or” and “persons temporarily admitted and”;min paragraph 8 of Schedule 3 to the Immigration Act 2014, omit paragraph (a).n in paragraph 7(3)(k)(i) of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1), in the English language text omit “section 4 (accommodation) or” and in the Welsh language text omit “adran 4 (llety) neu”. <Emphasis>Power to support people making further submissions in relation to protection claims</Emphasis>31Section 94 of the Immigration and Asylum Act 1999 (interpretation of Part 6) is amended as follows.2In subsection (1)—afor the definition of “asylum-seeker” substitute—“asylum-seeker” means a person falling within subsection (2A) or (2B) (but see also subsection (3C));;bomit the definition of “claim for asylum”;cbefore the definition of “housing accommodation” insert—“further qualifying submissions” has the meaning given by subsection (2C);;dafter the definition of “Northern Ireland authority” insert—“protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002;.3After subsection (2) insert—2AA person is an asylum-seeker for the purposes of this Part if—athe person is at least 18 years old,bthe person has made a protection claim, andcthe person's claim—ihas been recorded by the Secretary of State, butiihas not been determined.2BA person is also an asylum-seeker for the purposes of this Part if—athe person is at least 18 years old,bthe person has made further qualifying submissions (see subsection (2C)), andcthe person's submissions—ihave been recorded by the Secretary of State, butiihave not been determined before the end of such period as may be prescribed.2CA person makes “further qualifying submissions” if—athe person makes submissions to the Secretary of State that the person's removal from the United Kingdom would breach any of the obligations mentioned in section 82(2)(a)(i) or (ii) of the Nationality, Immigration and Asylum Act 2002 (protection claims), andbthe submissions fall to be considered by the Secretary of State under paragraph 353 of the immigration rules.4In subsection (3), for “claim for asylum” substitute “ protection claim ”.5After subsection (3) insert—3AFor the purposes of this Part, further qualifying submissions made by a person are determined—aat the end of a prescribed period beginning with the relevant day (see subsection (3B)), orbin a case where no period is prescribed for the purposes of paragraph (a), at the end of the relevant day.3BIn subsection (3A) “the relevant day” means the day on which the Secretary of State notifies the person that the submissions made by the person are to be—aaccepted,brejected without being treated as a fresh protection claim, orctreated as a fresh protection claim.3CIf—afurther qualifying submissions made by a person are rejected without being treated as a fresh protection claim, andbthe person is granted permission to apply for judicial review of that rejection,the person is to be treated as an asylum-seeker for the purposes of this Part during the review period (see subsection (3D)).3DIn subsection (3C) “the review period” means the period—abeginning with the day on which permission to apply for judicial review is granted, andbending with—ia prescribed period beginning with the day on which the judicial review is disposed of, oriiin a case where no period is prescribed for the purposes of sub-paragraph (i), that day.6In subsection (8), after “subsection (3)” insert “ or (3B) ”.4In consequence of the repeal made by paragraph 3(2)(b)—ain section 96 of the Immigration and Asylum Act 1999 (ways in which support may be provided), in subsection (1)(c), for “claim for asylum” substitute “ protection claim ”;bin section 141 of that Act (fingerprinting)—iin subsections (7)(e), (8)(e) and (9)(e), for “claim for asylum” substitute “ protection claim ”, andiiin subsection (15), for “ “Claim for asylum”” substitute “ “Protection claim” ”;cin section 167 of that Act (interpretation), in subsection (1), in the definition of “claim for asylum”, for “Parts V and VI and section 141” substitute “ Part 5 ”;din Schedule 8 to that Act (provision of support: regulations), in paragraph 9(2)(b), for “claim for asylum” substitute “ protection claim ”;ein section 135 of the Criminal Justice and Immigration Act 2008 (support: supplemental), in subsection (5), for “claim for asylum” substitute “ protection claim ”.<Emphasis>Power to support failed asylum-seekers</Emphasis>5Part 6 of the Immigration and Asylum Act 1999 (support for asylum-seekers) is amended as follows.6The heading of the Part becomes “ Support for asylum-seekers, etc ”.71Section 94 (interpretation of Part 6) is amended as follows.2In subsection (1)—ain the definition of “dependant”, after “asylum-seeker” insert “ , a failed asylum-seeker ”;bafter the definition of “the Executive” insert—“failed asylum-seeker” has the meaning given by subsection (2D);;cfor the definition of “supported person” substitute—“supported person” means—ain relation to support under section 95, an asylum-seeker, or a dependant of an asylum-seeker, who has applied for support and for whom support is provided under that section, andbin relation to support under section 95A, a failed asylum-seeker, or a dependant of a failed asylum-seeker, who has applied for support and for whom support is provided under that section.3In subsection (2), after “section 95” insert “ or 95A ”.4After subsection (2C) (inserted by paragraph 3(3) above) insert—2DA person is a failed asylum-seeker for the purposes of this Part if—athe person is at least 18 years old,bthe person—iwas an asylum-seeker, oriiwould have been an asylum-seeker at any time if the person had been at least 18 years old at that time,cthe person's protection claim has been rejected, anddthe person is not an asylum-seeker.5Omit subsections (5) and (6).8In section 95 (persons for whom support may be provided), the heading becomes “ Support for asylum-seekers, etc ”.9After section 95 insert—Support for failed asylum-seekers, etc who are unable to leave UK95A1The Secretary of State may provide, or arrange for the provision of, support for a person, for such period or periods as may be prescribed, if—athe person is a failed asylum-seeker, or a dependant of a failed asylum-seeker,ban application for support under this section is made in respect of the person which meets such requirements as may be prescribed,cit appears to the Secretary of State that the person is destitute, or is likely to become destitute within such period as may be prescribed, anddthe person faces a genuine obstacle to leaving the United Kingdom.2Subsections (3) to (8) of section 95 (meaning of “destitute”) apply for the purposes of this section as they apply for the purposes of that section.3Regulations made by the Secretary of State may make provision for determining what is, or is not, to be regarded as a genuine obstacle to leaving the United Kingdom for the purposes of this section.4The Secretary of State may make regulations prescribing other criteria to be used in determining—awhether or not to provide support, or arrange for the provision of support, for a person under this section;bwhether or not to continue to provide support, or arrange for the provision of support, for a person under this section.5Regulations under subsection (4) may, in particular—aprovide for the provision of support (or the continuation of the provision of support) to be subject to conditions;bprovide for the provision of support (or the continuation of the provision of support) to be a matter for the Secretary of State's discretion to a prescribed extent or in cases of a prescribed description.6A condition imposed by regulations under subsection (5)(a) may, in particular, relate to any of the following—aany matter relating to the use of the support provided;bcompliance with a condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail);cthe person's performance of, or participation in, community activities in accordance with arrangements made by the Secretary of State.7A copy of any conditions imposed by regulations under subsection (5)(a) must be given to the supported person.8For the purposes of subsection (6)(c)—a“community activities” means activities that appear to the Secretary of State to be beneficial to the public or a section of the public, andbthe Secretary of State may, in particular—iappoint one person to supervise or manage the performance of, or participation in, activities by another person;iienter into a contract (with a local authority or any other person) for the provision of services by way of making arrangements for community activities in accordance with this section;iiipay, or arrange for the payment of, allowances to a person performing or participating in community activities in accordance with arrangements under this section.9Regulations by virtue of subsection (6)(c) may, in particular, provide for a condition requiring the performance of, or participation in, community activities to apply to a person only if—aaccommodation is to be, or is being, provided for the person under this section, andbthe Secretary of State has made arrangements for community activities in an area that includes the place where the accommodation is to be, or is being, provided.10A local authority or other person may undertake to manage or participate in arrangements for community activities in accordance with this section.11The powers conferred by Schedule 8 (supplementary regulation-making powers) are exercisable with respect to the powers conferred by this section as they are exercisable with respect to the powers conferred by section 95, but with the modification in subsection (12).12Paragraph 9 of Schedule 8 (notice to quit) has effect with respect to the powers conferred by this section as if sub-paragraph (2)(b) were omitted.101Section 96 (ways in which support may be provided) is amended as follows.2In subsection (1)—aafter “section 95” insert “ or 95A ”;bin paragraph (c), for “the asylum-seeker” substitute “ an asylum-seeker ”;cin paragraph (d)—ifor “the asylum-seeker” substitute “ an asylum-seeker ”, andiiafter “dependants” insert “ , or a failed asylum-seeker and his dependants, ”;din paragraph (e)—ifor “the asylum-seeker” substitute “ an asylum-seeker ”, andiiafter “dependants” insert “ , or a failed asylum-seeker and his dependants, ”.3After subsection (1) insert—1ASupport under section 95A may, in particular, be provided in the form of vouchers which may be exchanged for goods or services (as well as in the form of cash).4In subsection (2), after “section 95” insert “ or 95A ”.111Section 97 (supplemental) is amended as follows.2In subsection (1)—aafter “section 95” insert “ or 95A ”;bafter “regard to” insert “ the following ”;cin paragraph (a), at the beginning insert “ in the case of the provision of accommodation under section 95, ”.3In subsections (4), (5) and (7), after “section 95” insert “ or 95A ”.4After subsection (7) insert—8A tenancy is not a Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10)) if it is granted in order to provide accommodation under section 95A.9A tenancy which would be a Scottish secure tenancy but for subsection (8) becomes a Scottish secure tenancy if the landlord notifies the tenant that it is to be regarded as such.12In section 98, the heading becomes “ Temporary support for asylum-seekers, etc ”.13After section 98 insert—Temporary support for failed asylum-seekers, etc98A1The Secretary of State may provide, or arrange for the provision of, support for persons within subsection (2) who it appears to the Secretary of State—amay be destitute, andbmay face a genuine obstacle to leaving the United Kingdom.2The persons referred to in subsection (1) are—afailed asylum-seekers, andbdependants of failed asylum-seekers.3Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95A.4Subsections (3) to (12) of section 95A apply for the purposes of this section as they apply for the purposes of that section.141Section 99 (provision of support by local authorities) is amended as follows.2In subsection (1), for “or 98” substitute “ 95A, 98 or 98A ”.3In subsection (3)—aafter “section 95” insert “ or 95A ”;bfor “section 96(1) and (2)” substitute “ section 96(1) to (2) ”.4In subsection (4), for “or 98” substitute “ 95A, 98 or 98A ”.15In section 100 (local authority and other assistance for Secretary of State), in subsection (1), after “section 95” insert “ or 95A ”.16In section 101 (reception zones), in subsection (3), after “section 95” (in both places where it occurs) insert “ or 95A ”.17In section 112 (recovery of expenditure on support: misrepresentation etc), in subsections (1)(b) and (3), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”.18In section 113 (recovery of expenditure on support from sponsor), in subsections (1)(b), (4) and (5)(a), after “section 95” insert “ or 95A ”.191Section 114 (overpayments) is amended as follows.2In subsection (1), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”.3In subsection (4), for “section 95” substitute “ section 95, 95A or 98A ”.20In section 118 (housing authority accommodation), in subsection (1)(b), for “or 98” substitute “ 95A, 98 or 98A ”.211Section 122 (support for children) is amended as follows.2In subsection (1), after “section 95” insert “ or 95A ”.3In subsection (2), after “section 95” insert “ or (as the case may be) 95A ”.4In subsections (3) and (4), after “section 95” insert “ or 95A ”.5In subsection (5)—ain paragraph (b)(i), after “section 95” insert “ or 95A ”, andbin paragraph (b)(ii), after “section 95” insert “ or (as the case may be) 95A ”.221Section 125 (entry of premises) is amended as follows.2In subsection (1), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”.3In subsection (2)—ain paragraph (b), at the beginning insert “ in the case of accommodation provided under section 95 or 98, ”;bafter that paragraph insert—bain the case of accommodation provided under section 95A or 98A, the accommodation is being used for any purpose other than the accommodation of the failed asylum-seeker or any dependant of his,.23In section 127 (requirement to supply information about redirection of post), in subsection (1)(c), after “asylum-seekers” insert “ or failed asylum-seekers ”.241Section 166 (regulations and orders) is amended as follows.2In subsection (5) (regulations subject to the affirmative procedure) for the “or” at the end of paragraph (c) substitute—casection 95A, or.3After subsection (5) insert—5ANo regulations under paragraph 1 of Schedule 8 which make provision with respect to the powers conferred by section 95A are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.5BSubsection (5A) does not apply to regulations under paragraph 1 of that Schedule which make provision of the kind mentioned in paragraph 3(a) of that Schedule.4In subsection (6) (regulations subject to the negative procedure) for the “or” at the end of paragraph (a) substitute—aaunder the provision mentioned in subsection (5A) and containing regulations to which that subsection applies, or.25In section 26A of the Immigration Act 1971 (registration card), in subsection (1)(b), after sub-paragraph (i) insert—iaa claim for support under section 95A of the Immigration and Asylum Act 1999 (whether or not made by that person).261The Nationality, Immigration and Asylum Act 2002 is amended as follows.2In section 18 (definition of asylum-seeker for purposes of Part 2), omit subsection (2).3In section 26 (withdrawal of support), in subsection (3)—afor “95 or 98” substitute “ 95, 95A, 98 or 98A ”;bomit “(asylum-seeker)”.4In section 35—ain subsection (2), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”;bin subsection (3), after “section 95” insert “ or 95A ”.5In section 43—ain subsection (1), for “asylum-seeker” substitute “ asylum-seekers and failed asylum-seekers, etc ”;bthe heading of that section becomes “ Form of support under Part 6 of the Immigration and Asylum Act 1999 ”.6In section 51 (choice of form of support), in subsection (2), omit the “and” after paragraph (b) and after paragraph (c) insert, and dsections 95A and 98A of that Act (support for destitute failed asylum-seekers).7In section 55 (late claim for asylum: refusal of support), in subsection (2), after paragraph (a) insert—aasections 95A and 98A of that Act (support for failed asylum-seeker, &c),.8In Schedule 3 (withholding and withdrawal of support)—aomit paragraph 7A;bin paragraph 14(1) and (2), for “, 7 or 7A” substitute “ or 7 ”.27In section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (failed asylum-seekers: withdrawal of support)—aomit subsections (1) and (4);bin subsection (3)(a) and (b), omit “other than paragraph 7A”.28In the Immigration, Asylum and Nationality Act 2006, omit section 44 (power to repeal paragraph 7A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002).29In section 40 of the UK Borders Act 2007 (supply of Revenue and Customs information), in subsection (1)(f), for “asylum-seekers and their dependants” substitute “ persons ”.30In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements), in paragraph 8 (accommodation provided by virtue of immigration provisions)—ain paragraph (b) after “95” insert “ or 95A ”, andbin paragraph (c) after “98” insert “ or 98A ”.<Emphasis>Accommodation centres: definition of “asylum-seeker” etc</Emphasis>311Section 18 of the Nationality, Immigration and Asylum Act 2002 (definition of asylum-seeker for purposes of Part 2) is amended as follows.2For subsection (1) substitute—1For the purposes of this Part a person is an “asylum-seeker” if—athe person is at least 18 years old,bthe person has made a protection claim, andcthe person's claim—ihas been recorded by the Secretary of State, butiihas not been determined.1AA person is also an “asylum-seeker” for the purposes of this Part if the person is an asylum-seeker for the purposes of Part 6 of the Immigration and Asylum Act 1999 by virtue of section 94(2B) or (3C) of that Act.3For subsection (3) substitute—3Protection claim” has the meaning given by section 82(2).321In consequence of the amendment made by paragraph 31(3), section 26A of the Immigration Act 1971 (registration card) is amended as follows.2In subsection (1)(b)(i), for “claim for asylum” substitute “ protection claim ”.3In subsection (2), for “ “claim for asylum”” substitute “ “protection claim” ”.33In consequence of the amendments made by paragraph 31, the Nationality, Immigration and Asylum Act 2002 is amended as follows.34In section 16 (establishment of accommodation centres), in subsection (3)(b), for “claims for asylum” substitute “ protection claims ”.35In section 21(3), for “claim for asylum” substitute “ protection claim ”.36In section 29 (facilities), in subsection (1)(c), for “claim for asylum” substitute “ protection claim ”.371Section 55 (late claim for asylum: refusal of support) is amended as follows.2In subsections (1)(a), (3)(a) and (6)(a), for “claim for asylum” substitute “ protection claim ”.3In subsection (9), for “ “claim for asylum”” substitute “ “protection claim” ”.4The heading of the section becomes “ Late protection claim: refusal of support ”.38In section 70 (induction), in the definition of “asylum-seeker” in subsection (3), after “section 18(1)(a)” insert “ of this Act and section 94(2B)(a) of the Immigration and Asylum Act 1999 ”.391Section 71 (asylum-seeker: residence, etc restriction) is amended as follows.2In subsection (1)(a), for “claim for asylum” substitute “ protection claim ”.3In subsection (5), for “ “claim for asylum”” substitute “ “protection claim” ”.40In Schedule 3 (withholding and withdrawal of support), in paragraph 17(1), for the definition of “asylum-seeker” substitute—“asylum-seeker” has the meaning given by section 18,.<Emphasis>Repeal of uncommenced provisions</Emphasis>41The following provisions of the Nationality, Immigration and Asylum Act 2002, which contain amendments that have never been brought into force, are repealed—asection 44 (which amends sections 94 and 95 of the Immigration and Asylum Act 1999);bsections 45 and 46;csection 47 (which inserts a new section 122 into that Act);dsection 53 (which inserts new sections 103, 103A and 103B into that Act).42In Schedule 15 to the National Health Service (Wales) Act 2006, in paragraph 2, for sub-paragraph (7) substitute—7Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of sub-paragraph (6) as they apply for the purposes of that section, but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to a local social services authority.43In Schedule 3 to the National Health Service (Consequential Provisions) Act 2006, omit paragraph 9.44In section 21 of the Care Act 2014, for subsections (2) and (3) substitute—2For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the local authority in question.45In section 46 of the Social Services and Well-being (Wales) Act 2014, for subsections (2) and (3) substitute—2For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the local authority in question. PART 2 Transitional and saving provision461The repeals made by paragraphs 1 and 2 do not apply in relation to—aany person for whom accommodation is being provided under section 4 of the Immigration and Asylum Act 1999 immediately before the day on which those paragraphs come into force,bany person who has made an application before that day for accommodation to be provided under that section and whose application has not been determined or withdrawn before that day,cany person who has appealed before that day against a decision not to provide accommodation for the person under that section, or a decision not to continue to provide accommodation for the person under that section, and whose appeal has not been determined or withdrawn before that day, anddany dependant of a person within paragraph (a), (b) or (c).This is subject to sub-paragraph (2).2The repeals made by paragraph 2(d) (which remove the right to appeal against a decision not to continue to provide accommodation for a person under section 4 of the Immigration and Asylum Act 1999) apply in relation to any decision not to continue to provide accommodation under that section for any person within sub-paragraph (1) which is made on or after the day on which paragraph 2(d) comes into force.3On and after the day on which paragraphs 1 and 2 come into force, section 4 of the Immigration and Asylum Act 1999 has effect in relation to persons within sub-paragraph (1) as if in subsection (11)(b) the word “not” were omitted.4In this paragraph “dependant” has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).471The repeal made by paragraph 7(5) does not apply in relation to—aany person for whom support is being provided under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act immediately before the day on which paragraph 7(5) comes into force,bany person who has made an application before that day for support to be provided under section 95 of that Act and whose application has not been determined or withdrawn before that day,cany person who has appealed before that day against a decision not to provide support for the person under that section, or a decision not to continue to provide support for the person under that section, and whose appeal has not been determined or withdrawn before that day, anddany dependant of a person within paragraph (a), (b) or (c).2Where by virtue of sub-paragraph (1) a person is provided with support under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act on or after the day on which paragraph 7(5) comes into force, section 103 of that Act (appeals) does not apply in relation to any decision not to continue to provide that support for that person which is made on or after that day.3In this paragraph “dependant” has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).48Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) has effect as if—aafter paragraph 7C there were inserted—<Emphasis>Eighth class of ineligible person: transitional cases</Emphasis>7D1Paragraph 1 applies to a person if—athe person is a transitionally-supported person (see sub-paragraph (3)),bthe Secretary of State has certified that, in the Secretary of State's opinion, the person has failed without reasonable excuse to take reasonable steps—ito leave the United Kingdom voluntarily, oriito place himself in a position in which he is able to leave the United Kingdom voluntarily,cthe person has received a copy of the Secretary of State's certificate, anddthe period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed.2Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).3A person is a “transitionally-supported person” if—aaccommodation is provided for the person by virtue of section 4 of the Immigration and Asylum Act 1999 as that section has effect by virtue of paragraph 46 of Schedule 11 to the Immigration Act 2016, orbsupport is provided for the person under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act, as that provision has effect by virtue of paragraph 47 of that Schedule.4For the purpose of sub-paragraph (1)(d), if the Secretary of State sends a copy of a certificate by first class post to a person's last known address, the person is treated as receiving the copy on the second day after the day on which it was posted.5The Secretary of State may by regulations vary the period specified in sub-paragraph (1)(d)., andbin paragraph 14 (information), references to paragraph 7 included a reference to the paragraph 7D treated as inserted by this Schedule.SCHEDULE 12Availability of local authority support Section 681Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) is amended as follows.21Paragraph 1 (ineligibility for support) is amended as follows.2In sub-paragraph (1) (excluded support or assistance) after paragraph (g) insert—gain relation only to a person in England to whom this paragraph applies by virtue of paragraph 4... or 7B—isection 23CZA of that Act (arrangements for certain former relevant children to continue to live with former foster parents), oriiregulations under section 23D of that Act (personal advisers),.3In that sub-paragraph, in paragraph (h) for “or 36” substitute “ , 35A or 35B ”.4After sub-paragraph (2) insert—2AIn the case of the provisions referred to in sub-paragraph (1)(ga), sub-paragraph (2) applies only in relation to a person in England to whom this paragraph applies by virtue of paragraph 4... or 7B.3After paragraph 1 insert—1A1A person to whom this paragraph applies is not eligible for assistance under section 23C(4)(b), 23CA(4) or 24B(2)(b) of the Children Act 1989 (grants to meet expenses connected with education or training) which consists of a grant to enable the person to meet all or part of the person's tuition fees.2The duty in section 23C(4)(b) or 23CA(4) of that Act and the power in section 24B(2)(b) of that Act may not be exercised or performed in respect of a person to whom this paragraph applies so as to make a grant to enable the person to meet all or part of the person's tuition fees.3This paragraph applies to a person in England who is aged 18 or over and who—ahas leave to enter or remain in the United Kingdom which has been granted for a limited period,bis an asylum-seeker, orchas made an application for leave to enter or remain in the United Kingdom which has not been withdrawn or determined.4In this paragraph “tuition fees” means fees payable for a course of a description mentioned in Schedule 6 to the Education Reform Act 1988.41Paragraph 2(1) (exceptions) is amended as follows.2In paragraph (c) for “or 10” substitute “ , 10, 10A or 10B ”.3After the “or” at the end of paragraph (c) insert—caunder section 95A or 98A of the Immigration and Asylum Act 1999 (support for failed asylum-seekers etc), or.5After paragraph 2 insert—2A1Paragraph 1(1)(g) or (ga) does not prevent the provision of support or assistance under a relevant provision to a person to whom paragraph 1 would otherwise apply by virtue of paragraph 7B if—aconditions A and B are satisfied in relation to that person, andbcondition C, D or E is satisfied in relation to that person.2In sub-paragraph (1) “relevant provision” means—asection 23C, 23CZA or 23CA of the Children Act 1989,bregulations under section 23D of that Act, orcsection 24A or 24B of that Act.3Condition A is that—athe person has made an application for leave to enter or remain in the United Kingdom, andbwhere regulations made by the Secretary of State require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind.4Condition B is that—athe application is the first application for leave to enter or remain in the United Kingdom that the person has made, orbwhere regulations under sub-paragraph (3)(b) require that the application must be of a kind specified in the regulations for condition A to be satisfied, the application is the first application of that kind that the person has made.5Condition C is that the application has not been determined or withdrawn.6Condition D is that—athe application has been refused,bthe person could bring an appeal under section 82(1) against the refusal (ignoring any possibility of an appeal out of time with permission), andcif the person brought such an appeal, it would not be one that, by virtue of section 92(6), would have to be continued from outside the United Kingdom.7Condition E is that—athe application has been refused,bthe person has appealed under section 82(1) against the refusal,cthe appeal is not one that, by virtue of section 92(6), must be continued from outside the United Kingdom, anddthe appeal is pending within the meaning of section 104.8For the purposes of sub-paragraph (3) the Secretary of State may by regulations provide for circumstances in which—aa person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one), orba person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit.6After paragraph 3 insert—3ANotwithstanding paragraph 3, paragraph 1(1)(g) prevents a local authority in England from providing support or assistance under section 17 of the Children Act 1989 to a person in respect of a child if —athe support or assistance is of a type that could be provided to the person by virtue of paragraph 10A (see paragraph 10A(11)), andbsupport is being provided to the person by virtue of paragraph 10A or there are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph.3BNotwithstanding paragraph 3, paragraph 1(1)(g) prevents a local authority in England from providing support or assistance under section 23C, 23CA, 24A or 24B of the Children Act 1989 to a person if—asupport is being provided to the person by virtue of paragraph 10B or section 95A of the Immigration and Asylum Act 1999, orbthere are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph or section.3CNotwithstanding paragraph 3, paragraph 1(1)(ga) prevents a local authority in England from providing support or assistance under a provision mentioned in paragraph (ga) to a person if—asupport is being provided to the person by virtue of paragraph 10B or section 95A of the Immigration and Asylum Act 1999, orbthere are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph or section.7In paragraph 6 (third class of ineligible person: failed asylum-seeker), in sub-paragraph (1), in the words before sub-paragraph (a), after “person” insert “ in Wales, Scotland or Northern Ireland ”.8In paragraph 7 (fourth class of ineligible person: person unlawfully in United Kingdom), in the words before sub-paragraph (a), after “person” insert “ in Wales, Scotland or Northern Ireland ”.9Before paragraph 8 insert—<Emphasis>Sixth class of ineligible person: person in England without leave to enter or remain</Emphasis>7B1Paragraph 1 applies to a person in England if—aunder the Immigration Act 1971, he requires leave to enter or remain in the United Kingdom but does not have it, andbhe is not an asylum-seeker.2Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).<Emphasis><CommentaryRef Ref="key-99de3445c77a1bec45fa007d5c81368b"/>...</Emphasis>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10After paragraph 10 insert—<Emphasis>Accommodation and subsistence etc: England</Emphasis>10A1The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person to whom paragraph 1 applies by virtue of paragraph 7B(1) ... and—awho is destitute,bwho has with him a dependent child,cwho is not a relevant failed asylum seeker, anddin relation to whom condition A, B, C, D or E is satisfied.2A person is a “relevant failed asylum seeker” for the purposes of sub-paragraph (1)(c) if the person is a failed asylum seeker within the meaning of Part 6 of the Immigration and Asylum Act 1999 and—athe person is receiving support under section 95A of that Act,bthe person has made an application for such support which has not been refused, orcthere are reasonable grounds for believing such support would be provided to the person if an application by the person for such support were made.3Condition A is that—athe person has made an application for leave to enter or remain in the United Kingdom and has not withdrawn the application,bwhere regulations under this paragraph require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind, andcthe application has not been determined.4Condition B is that—athe person could bring an appeal under section 82(1) (ignoring any possibility of an appeal out of time with permission), andbif the person brought such an appeal, it would not be one that, by virtue of section 92(6), would have to be continued from outside the United Kingdom.5Condition C is that—athe person has appealed under section 82(1),bthe appeal is not one that, by virtue of section 92(6), must be continued from outside the United Kingdom, andcthe appeal is pending within the meaning of section 104.6Condition D is that—athe person's appeal rights are exhausted, andbhe has not failed to cooperate with arrangements that would enable him to leave the United Kingdom.7Condition E is that a person specified in regulations under this paragraph is satisfied that the provision of support is necessary to safeguard and promote the welfare of a dependent child.8Regulations under this paragraph may specify—afactors which a person specified by virtue of sub-paragraph (7) may or must take into account in making a determination under that sub-paragraph;bfactors which such a person must not take into account in making such a determination.9The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person (“P”)—ato whom paragraph 1 applies by virtue of paragraph 7B(1) ..., andbwho it appears to a person specified in the regulations may be destitute,until a person by whom support may be provided under arrangements by virtue of sub-paragraph (1) is able to determine whether such support should be provided to P.10Arrangements for a person by virtue of this paragraph may include arrangements for a dependant.11The support that may be provided under arrangements by virtue of this paragraph may take the form of—aaccommodation;bsubsistence in kind, or cash or vouchers to pay for subsistence.12Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999 (meaning of “destitute”) apply for the purposes of this paragraph as they apply for the purposes of that section.13For the purposes of sub-paragraph (3) regulations under this paragraph may provide for circumstances in which—aa person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one);ba person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit.14For the purposes of sub-paragraph (6) a person's appeal rights are exhausted at the time when—ahe could not bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), andbno appeal brought by him is pending within the meaning of section 104.10B1The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person to whom paragraph 1 applies by virtue of paragraph 7B(1) and—awho would otherwise be eligible for support or assistance under section 23C, 23CZA or 23CA of the Children Act 1989, under regulations under section 23D of that Act or under section 24A or 24B of that Act, andbin relation to whom condition A, B, C or D is satisfied.2Condition A is that—athe person is destitute,bthe person has made an application for leave to enter or remain in the United Kingdom and has not withdrawn the application,cwhere regulations under this paragraph require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind, anddthe application has not been determined.3Condition B is that—athe person is destitute,bthe person could bring an appeal under section 82(1) (ignoring any possibility of an appeal out of time with permission), andcif the person brought an appeal under section 82(1), it would not be one that, by virtue of section 92(6), would have to be continued from outside the United Kingdom.4Condition C is that—athe person is destitute,bthe person has appealed under section 82(1),cthe appeal is not one that, by virtue of section 92(6), must be continued from outside the United Kingdom, anddthe appeal is pending within the meaning of section 104.5Condition D is that—athe person's appeal rights are exhausted, andba person specified in regulations under this paragraph is satisfied that support needs to be provided to the person.6Regulations under this paragraph may specify—afactors which a person specified by virtue of paragraph (b) of sub-paragraph (5) may or must take into account in making a determination under that paragraph;bfactors which such a person must not take into account in making such a determination.7The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person (“P”)—ato whom paragraph 1 applies by virtue of paragraph 7B(1), andbwho it appears to a person specified in the regulations may be destitute,until a person by whom support may be provided under arrangements by virtue of sub-paragraph (1) is able to determine whether such support should be provided to P.8The support that may be provided under arrangements by virtue of this paragraph may, in particular, take the form of—aaccommodation;bsubsistence in kind, or cash or vouchers to pay for subsistence.9Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999 (meaning of “destitute”) apply for the purposes of this paragraph as they apply for the purposes of that section.10For the purposes of sub-paragraph (2) regulations under this paragraph may provide for circumstances in which—aa person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one);ba person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit.11For the purposes of sub-paragraph (5) a person's appeal rights are exhausted at the time when—ahe could not bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), andbno appeal brought by him is pending within the meaning of section 104.11In paragraph 11 (assistance and accommodation: general), in the words before sub-paragraph (a), for “or 10” substitute “ , 10, 10A or 10B ”.12In paragraph 13 (offences), in sub-paragraphs (1)(b) and (2)(a), for “or 10” substitute “ , 10, 10A or 10B ”.13In paragraph 14 (information), in sub-paragraphs (1) and (2), for “or 7” (as substituted by paragraph 26(8)(b) of Schedule 11) substitute “, 7 or 7B”.141Paragraph 15 (power to amend Schedule 3) is amended as follows.2After paragraph (a) insert—aato modify any of the classes of person to whom paragraph 1 applies;.3In paragraph (c) after “remove” insert “ , or modify the application of, ”.4After paragraph (c) insert—dto enable regulations to be made by the Secretary of State providing for arrangements to be made for support to be provided to a class of person to whom paragraph 1 applies;eto apply paragraph 1A in relation to Wales;fto make provision which has a similar effect to paragraph 1A and which applies in relation to Scotland or Northern Ireland.151Paragraph 16 (orders and regulations) is amended as follows.2In sub-paragraph (2)(d) after “amending” insert “ , repealing or revoking ”.3In sub-paragraph (3) after “2(1)(d) or (e)” insert “ , 2A(3)(b), 10A or 10B ”.16In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements) after paragraph 8 insert—8AAn agreement under which accommodation is provided to a person under arrangements made by virtue of paragraph 10A or 10B of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (support for certain persons who are otherwise ineligible for support by virtue of that Schedule).SCHEDULE 13Penalties relating to airport control areas Section 74<P DocumentURI="http://www.legislation.gov.uk/ukpga/2016/19/schedule/13/paragraph/wrapper18n2" IdURI="http://www.legislation.gov.uk/id/ukpga/2016/19/schedule/13/paragraph/wrapper18n2" NumberOfProvisions="9" id="schedule-13-paragraph-wrapper18n2" shortId="schedule-13-paragraph-wrapper18"><Text>This is the Part 1A of Schedule 2 to the Immigration Act 1971 referred to in section 74(2)—</Text><BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default"><Part><Number> PART 1A </Number><Title>Penalty for breach of paragraph 26(2) or (3)<Emphasis>Penalty for breach of paragraph 26(2) or (3)</Emphasis>281Sub-paragraph (2) applies where the Secretary of State has given written notice under paragraph 26(2) to the owner or agent of an aircraft—adesignating a control area for the embarkation or disembarkation of passengers in an airport in the United Kingdom, andbspecifying conditions or restrictions to be observed in the control area.2The Secretary of State may impose a penalty on the owner or agent if the owner or agent fails to take all reasonable steps to secure that—apassengers embarking on or disembarking from the aircraft at the airport do not embark or disembark at the airport outside the control area, orbthe conditions or restrictions specified in the notice are observed.3Sub-paragraph (4) applies where the Secretary of State has given written notice under paragraph 26(3) to a person concerned with the management of an airport in the United Kingdom—adesignating a control area in the airport, andbspecifying conditions or restrictions to be observed in the control area.4The Secretary of State may impose a penalty on the person if the person fails to take all reasonable steps to secure that the conditions or restrictions specified in the notice are observed.5The Secretary of State may impose a separate penalty under sub-paragraph (2) or (4) in respect of each failure of the kind mentioned in that sub-paragraph.6The amount of a penalty imposed under sub-paragraph (2) or (4) may be such an amount as the Secretary of State considers appropriate; but the amount of each penalty must not exceed the prescribed maximum.<Emphasis>Codes of practice</Emphasis>28A1The Secretary of State must issue a code of practice to be followed by—aagents and operators of aircraft to whom notices under paragraph 26(2) have been given, andbpersons concerned with the management of airports in the United Kingdom to whom notices under paragraph 26(3) have been given.2The Secretary of State must have regard to the code (in addition to any other matters the Secretary of State thinks relevant)—awhen deciding whether to impose a penalty under paragraph 28, andbwhen considering a notice of objection under paragraph 28C.3The Secretary of State must issue a code of practice specifying matters to be considered in determining the amount of a penalty under paragraph 28.4The Secretary of State must have regard to the code (in addition to any other matters the Secretary of State thinks relevant)—awhen imposing a penalty under paragraph 28, andbwhen considering a notice of objection under paragraph 28C.5Before issuing a code under this paragraph the Secretary of State must lay the code before Parliament.6A code under this paragraph comes into force in accordance with provision made by regulations made by the Secretary of State.7The Secretary of State may from time to time review a code under this paragraph and may revise and re-issue it following a review.8References in sub-paragraphs (5) and (6) to a code include a revised code.<Emphasis>Penalty notices</Emphasis>28B1If the Secretary of State decides that a person is liable to a penalty under paragraph 28, the Secretary of State must notify the person of that decision.2A notice under sub-paragraph (1) (a “penalty notice”) must—abe in writing,bstate why the Secretary of State thinks the recipient is liable to the penalty,cstate the amount of the penalty,dspecify the date on which the penalty notice is given,especify the date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,fspecify how the penalty must be paid,ginclude an explanation of the steps that the person may take if the person objects to the penalty (including specifying the manner and form in which any notice of objection must be given to the Secretary of State), andhinclude an explanation of the steps the Secretary of State may take to recover any unpaid penalty.<Emphasis>Objections</Emphasis>28C1The recipient of a penalty notice (“the recipient”) may object to the penalty notice by giving a notice of objection to the Secretary of State.2A notice of objection must—abe in writing,bgive the reasons for the objection,cbe given in the manner and form specified in the penalty notice, anddbe given before the end of the period of 28 days beginning with the date specified in the penalty notice as the date on which it is given.3Where the Secretary of State receives a notice of objection, the Secretary of State must consider it and—acancel the penalty,breduce the penalty,cincrease the penalty, orddetermine not to alter the penalty.4After reaching a decision as to how to proceed under sub-paragraph (3), the Secretary of State must notify the recipient of the decision in writing.5A notification under sub-paragraph (4) must be given before the end of the period of 70 days beginning with the date specified in the penalty notice as the date on which it is given, or such longer period as the Secretary of State may agree with the recipient.6A notification under sub-paragraph (4), other than one notifying the recipient that the Secretary of State has decided to cancel the penalty, must—astate the amount of the penalty following the Secretary of State's consideration of the notice of objection,bstate the Secretary of State's reasons for the decision under sub-paragraph (3),cspecify the date, at least 28 days after the date on which the notification is given, before which the penalty must be paid,dspecify how the penalty must be paid,einclude an explanation of the recipient's rights of appeal, andfinclude an explanation of the steps the Secretary of State may take to recover any unpaid penalty.<Emphasis>Appeals</Emphasis>28D1A person (“the appellant”) may appeal to the court against a decision to require the person to pay a penalty under paragraph 28.2An appeal may be brought only if the appellant has given a notice of objection and the Secretary of State has—areduced the penalty under paragraph 28C(3)(b),bincreased the penalty under paragraph 28C(3)(c), orcdetermined not to alter the penalty under paragraph 28C(3)(d).3An appeal must be brought within the period of 28 days beginning with the date on which the appellant is notified of the Secretary of State's decision on the notice of objection under paragraph 28C(4).4On appeal, the court may—aallow the appeal and cancel the penalty,ballow the appeal and reduce the penalty, orcdismiss the appeal.5An appeal is to be a re-hearing of the Secretary of State's decision to impose a penalty and is to be determined having regard to—aany code of practice under paragraph 28A(1) which had effect at the time of the events to which the penalty relates,bany code of practice under paragraph 28A(3) which has effect at the time of the appeal, andcany other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).6Sub-paragraph (5) has effect despite any provision of rules of court.7In this paragraph “the court” means—athe county court, if the appeal relates to a penalty imposed under paragraph 28 in relation to an airport in England and Wales;bthe sheriff, if the appeal relates to a penalty imposed under paragraph 28 in relation to an airport in Scotland;ca county court in Northern Ireland, if the appeal relates to a penalty imposed under paragraph 28 in relation to an airport in Northern Ireland.8But—athe county court in England and Wales, or a county court in Northern Ireland, may transfer proceedings under this paragraph to the High Court, andbthe sheriff may transfer proceedings under this paragraph to the Court of Session.<Emphasis>Enforcement</Emphasis>28E1This section applies where a sum is payable to the Secretary of State as a penalty under paragraph 28.2In England and Wales the penalty is recoverable as if it were payable under an order of the county court in England and Wales.3In Scotland the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.4In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.5Where action is taken under this paragraph for the recovery of a sum payable as a penalty under this Chapter, the penalty is—ain relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;bin relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.6Money paid to the Secretary of State by way of a penalty under paragraph 28 must be paid into the Consolidated Fund.<Emphasis>Service of documents</Emphasis>28F1A document which is to be issued or served on a person outside the United Kingdom for the purposes of paragraph 28B or 28C or in the course of proceedings under paragraph 28E may be issued or served—ain person,bby post,cby facsimile transmission,dby e-mail, orein any other prescribed manner.2The Secretary of State may by regulations provide that a document issued or served in a manner listed in sub-paragraph (1) in accordance with the regulations is to be taken to have been received at a time specified by or determined in accordance with the regulations.<Emphasis>Interpretation of this Part of this Schedule</Emphasis>28GIn this Part of this Schedule—“penalty notice” has the meaning given by paragraph 28B(2);“prescribed” means prescribed by regulations made by the Secretary of State.<Emphasis>Regulations under this Part of this Schedule</Emphasis>28H1Regulations under this Part of this Schedule are to be made by statutory instrument.2A statutory instrument containing (whether alone or with other provision) regulations under paragraph 28(6) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.3A statutory instrument containing any other regulations under this Part of this Schedule and to which sub-paragraph (2) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.4Regulations under this Part of this Schedule—amay make different provision for different purposes;bmay make incidental, supplementary, consequential, transitional, transitory or saving provision.

SCHEDULE 14Maritime enforcement Section 751The Immigration Act 1971 is amended as follows.2In section 25(1) (offence of assisting unlawful immigration to member State), in paragraphs (a) and (b) after “breach” insert “ or attempted breach ”.3In section 25A (helping an asylum-seeker to enter United Kingdom) in subsection (1)(a)—aafter “arrival” insert “ or attempted arrival ”, andbafter “entry” insert “ or attempted entry ”.4In section 25B (assisting entry to United Kingdom in breach of deportation or exclusion order)—ain subsection (1), in paragraphs (a) and (b) after “breach” insert “ or attempted breach ”,bfor subsection (2) substitute—2Subsection (3) applies where the Secretary of State has made an order excluding an individual from the United Kingdom on the grounds of public policy, public security or public health, other than a temporary exclusion order.,cin subsection (3)—iin paragraphs (a) and (b) after “remain” insert “ , or attempt to arrive in, enter or remain, ”, andiiin paragraph (c) for the words from “personally” to the end substitute “ made an order excluding the individual from the United Kingdom on the grounds of public policy, public security or public health ”, anddafter subsection (4) insert—5In this section a “temporary exclusion order” means an order under section 2 of the Counter-Terrorism and Security Act 2015.5In section 28 (proceedings) after subsection (2) insert—2ASection 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under section 25, 25A or 25B.6In section 28A(3) (arrest without warrant) in paragraphs (a) and (b) after “committed” insert “ or attempted to commit ”.7After Part 3 insert— PART 3A Maritime enforcementEnforcement powers in relation to ships: England and Wales28M1An immigration officer, an English and Welsh constable or an enforcement officer may exercise the powers set out in Part 1 of Schedule 4A (“Part 1 powers”) in relation to any of the following in England and Wales waters—aa United Kingdom ship;ba ship without nationality;ca foreign ship;da ship registered under the law of a relevant territory.2But Part 1 powers may be exercised only—afor the purpose of preventing, detecting, investigating or prosecuting an offence under section 25, 25A or 25B, andbin accordance with the rest of this section.3The authority of the Secretary of State is required before an immigration officer, an English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.4Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 1 powers in relation to the ship.Enforcement powers in relation to ships: Scotland28N1An immigration officer, a Scottish constable or an enforcement officer may exercise the powers set out in Part 2 of Schedule 4A (“Part 2 powers”) in relation to any of the following in Scotland waters—aa United Kingdom ship;ba ship without nationality;ca foreign ship;da ship registered under the law of a relevant territory.2But Part 2 powers may be exercised only—afor the purpose of preventing, detecting, investigating or prosecuting an offence under section 25, 25A or 25B, andbin accordance with the rest of this section.3The authority of the Secretary of State is required before an immigration officer, a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.4Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 2 powers in relation to the ship.Enforcement powers in relation to ships: Northern Ireland28O1An immigration officer, a Northern Ireland constable or an enforcement officer may exercise the powers set out in Part 3 of Schedule 4A (“Part 3 powers”) in relation to any of the following in Northern Ireland waters—aa United Kingdom ship;ba ship without nationality;ca foreign ship;da ship registered under the law of a relevant territory.2But Part 3 powers may be exercised only—afor the purpose of preventing, detecting, investigating or prosecuting an offence under section 25, 25A or 25B, andbin accordance with the rest of this section.3The authority of the Secretary of State is required before an immigration officer, a Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.4Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 3 powers in relation to the ship.Hot pursuit of ships in United Kingdom waters28P1An immigration officer, an English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a ship in Scotland waters or in Northern Ireland waters if—athe ship is pursued there,bimmediately before the pursuit of the ship, the ship was in England and Wales waters, andcthe condition in subsection (7) is met.2Part 1 powers may be exercised under subsection (1) only—afor the purpose mentioned in subsection (2)(a) of section 28M, andb(if relevant) in accordance with subsections (3) and (4) of that section.3An immigration officer, a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a ship in England and Wales waters or in Northern Ireland waters if—athe ship is pursued there,bimmediately before the pursuit of the ship, the ship was in Scotland waters, andcthe condition in subsection (7) is met.4Part 2 powers may be exercised under subsection (3) only—afor the purpose mentioned in subsection (2)(a) of section 28N, andb(if relevant) in accordance with subsections (3) and (4) of that section.5An immigration officer, a Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a ship in England and Wales waters or in Scotland waters if—athe ship is pursued there,bimmediately before the pursuit of the ship, the ship was in Northern Ireland waters, andcthe condition in subsection (7) is met.6Part 3 powers may be exercised under subsection (5) only—afor the purpose mentioned in subsection (2)(a) of section 28O, andb(if relevant) in accordance with subsections (3) and (4) of that section.7The condition referred to in subsection (1)(c), (3)(c) and (5)(c) is that—abefore the pursuit of the ship, a signal is given for it to stop, andbthe pursuit of the ship is not interrupted.8The signal referred to in subsection (7)(a) must be given in such a way as to be audible or visible from the ship.9For the purposes of subsection (7)(b), pursuit is not interrupted by reason only of the fact that—athe method of carrying out the pursuit, orbthe identity of the ship or aircraft carrying out the pursuit,changes during the course of the pursuit.10Nothing in this Part affects any other legal right of hot pursuit that a constable or an enforcement officer may have.Interpretation of Part 3A28Q1In this Part—“the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;“enforcement officer” means—a person who is a commissioned officer of any of Her Majesty's ships, ora person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;“English and Welsh constable” means only a person who is—a member of a police force in England and Wales,a member of the British Transport Police Force, ora port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964;“foreign ship” means a ship which—is registered in a State other than the United Kingdom, oris not so registered but is entitled to fly the flag of a State other than the United Kingdom;“Northern Ireland constable” means only a person who is—a member of the Police Service of Northern Ireland,a member of the Police Service of Northern Ireland Reserve, ora person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847;“Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;“Part 1 powers” means the powers set out in Part 1 of Schedule 4A;“Part 2 powers” means the powers set out in Part 2 of that Schedule;“Part 3 powers” means the powers set out in Part 3 of that Schedule;“relevant territory” means—the Isle of Man;any of the Channel Islands;a British overseas territory;“Scottish constable” means only a person who is a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;“ship” includes every description of vessel (including a hovercraft) used in navigation;“ship without nationality” means a ship which—is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, orsails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;“United Kingdom ship” means a ship which—is registered under Part 2 of the Merchant Shipping Act 1995,is a Government ship within the meaning of that Act,is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, oris registered under an Order in Council under section 1 of the Hovercraft Act 1968.2For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—aa British citizen, a British overseas territories citizen or a British Overseas citizen,ban individual who is habitually resident in the United Kingdom, orca body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.8After Schedule 4 insert—SCHEDULE 4AEnforcement powers in relation to ships Sections 28M, 28N and 28O PART 1 England and Wales<Emphasis>Introductory</Emphasis>11This Part of this Schedule sets out the powers exercisable by immigration officers, English and Welsh constables and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under sections 28M and 28P(1).2In this Part of this Schedule—“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.<Emphasis>Power to stop, board, divert and detain</Emphasis>21This paragraph applies if a relevant officer has reasonable grounds to suspect that—aan offence under section 25, 25A or 25B is being, or has been, committed on the ship, orbthe ship is otherwise being used in connection with the commission of an offence under any of those sections.2The relevant officer may—astop the ship;bboard the ship;crequire the ship to be taken to a port in the United Kingdom and detained there.3The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).4A relevant officer must give notice in writing to the master of any ship detained under this paragraph.5The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.<Emphasis>Power to search and obtain information</Emphasis>31This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—ato an offence under section 25, 25A and 25B, orbto an offence that is connected with an offence under any of those sections.2The relevant officer may search—athe ship;banyone on the ship;canything on the ship (including cargo).3The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.4The power to search conferred by sub-paragraph (2)—ais only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), andbin the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.5In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—aopen any containers;brequire the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe to be an item subject to legal privilege);cmake photographs or copies of anything the production of which the relevant officer has power to require.6The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.7Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).8A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Power of arrest and seizure</Emphasis>41This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 25, 25A or 25B has been, or is being, committed on the ship.2The relevant officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence.3The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).4A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Protective searches of persons</Emphasis>51A relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—acause physical injury,bcause damage to property, orcendanger the safety of any ship.2The power conferred by sub-paragraph (1) may be exercised—aonly if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; andbonly to the extent that it is reasonably required for the purpose of discovering any such thing.3The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—acause physical injury,bcause damage to property, orcendanger the safety of any ship.4If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.5A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.6A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Search for nationality documents</Emphasis>61A relevant officer may require a person found on the ship to produce a nationality document.2The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.3The power conferred by sub-paragraph (2) may be exercised—aonly if the officer has reasonable grounds to believe that a nationality document is concealed on the person; andbonly to the extent that it is reasonably required for the purpose of discovering any such document.4Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 2.5The power to retain a nationality document in sub-paragraph (4) does not affect any other power of an immigration officer to retain a document.6Where the nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.7The power conferred by this paragraph to search a person does not authorise a relevant officer to—arequire the person to remove any clothing in public other than an outer coat, jacket or gloves, orbseize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.8In this paragraph a “nationality document”, in relation to a person, means any document which might—aestablish the person's identity, nationality or citizenship, orbindicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.9A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Assistants</Emphasis>71A relevant officer may—abe accompanied by other persons, andbtake equipment or materials,to assist the officer in the exercise of powers under this Part of this Schedule.2A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer's supervision.<Emphasis>Reasonable force</Emphasis>8A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.<Emphasis>Evidence of authority</Emphasis>9A relevant officer must produce evidence of the officer's authority if asked to do so.<Emphasis>Protection of relevant officers</Emphasis>10A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—athe act was done in good faith, andbthere were reasonable grounds for doing it.<Emphasis>Offences</Emphasis>111A person commits an offence under the law of England and Wales if the person—aintentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, orbfails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.2A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of England and Wales if—athe information is false in a material particular, and the person either knows it is or is reckless as to whether it is, orbthe person intentionally fails to disclose any material particular.3A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.4A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.5In the application of sub-paragraph (4) in relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks is to be read as a reference to 6 months. PART 2 Scotland<Emphasis>Introductory</Emphasis>121This Part of this Schedule sets out the powers exercisable by immigration officers, Scottish constables and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under sections 28N and 28P(3).2In this Part of this Schedule—“items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.<Emphasis>Power to stop, board, divert and detain</Emphasis>131This paragraph applies if a relevant officer has reasonable grounds to suspect that—aan offence under section 25, 25A or 25B is being, or has been, committed on the ship, orbthe ship is otherwise being used in connection with the commission of an offence under any of those sections.2The relevant officer may—astop the ship;bboard the ship;crequire the ship to be taken to a port in the United Kingdom and detained there.3The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).4A relevant officer must give notice in writing to the master of any ship detained under this paragraph.5The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.<Emphasis>Power to search and obtain information</Emphasis>141This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—ato an offence under section 25, 25A or 25B, orbto an offence that is connected with an offence under any of those sections.2The relevant officer may search—athe ship;banyone on the ship;canything on the ship (including cargo).3The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.4The power to search conferred by sub-paragraph (2)—ais only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), andbin the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.5In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—aopen any containers;brequire the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe to be an item subject to legal privilege);cmake photographs or copies of anything the production of which the relevant officer has power to require.6The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.7Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).8A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Power of arrest and seizure</Emphasis>151This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 25, 25A or 25B has been, or is being, committed on the ship.2The relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.3The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the officer has reasonable grounds to believe to be an item subject to legal privilege).4A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Protective searches of persons</Emphasis>161The relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—acause physical injury,bcause damage to property, orcendanger the safety of any ship.2The power conferred by sub-paragraph (1) may be exercised—aonly if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; andbonly to the extent that it is reasonably required for the purpose of discovering any such thing.3The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—acause physical injury,bcause damage to property, orcendanger the safety of any ship.4If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.5A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.6A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Search for nationality documents</Emphasis>171The relevant officer may require a person found on the ship to produce a nationality document.2The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.3The power conferred by sub-paragraph (2) may be exercised—aonly if the officer has reasonable grounds to believe that a nationality document is concealed on the person; andbonly to the extent that it is reasonably required for the purpose of discovering any such document.4Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 13.5The power to retain a nationality document in sub-paragraph (4) does not affect any other power of an immigration officer to retain a document.6Where the nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.7The power conferred by this paragraph to search a person does not authorise a relevant officer to—arequire the person to remove any clothing in public other than an outer coat, jacket or gloves, orbseize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.8In this paragraph a “nationality document”, in relation to a person, means any document which might—aestablish the person's identity, nationality or citizenship, orbindicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.9A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Assistants</Emphasis>181A relevant officer may—abe accompanied by other persons, andbtake equipment or materials,to assist the officer in the exercise of powers under this Part of this Schedule.2A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer‘s supervision.<Emphasis>Reasonable force</Emphasis>19A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.<Emphasis>Evidence of authority</Emphasis>20A relevant officer must produce evidence of the officer's authority if asked to do so.<Emphasis>Protection of relevant officers</Emphasis>21A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—athe act was done in good faith, andbthere were reasonable grounds for doing it.<Emphasis>Offences</Emphasis>221A person commits an offence under the law of Scotland if the person—aintentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, orbfails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.2A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of Scotland if—athe information is false in a material particular, and the person either knows it is or is reckless as to whether it is, orbthe person intentionally fails to disclose any material particular.3A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.4A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both. PART 3 Northern Ireland<Emphasis>Introductory</Emphasis>231This Part of this Schedule sets out the powers exercisable by immigration officers, Northern Ireland constables and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under sections 28O and 28P(5).2In this Part of this Schedule—“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)) (see Article 12 of that Order);“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.<Emphasis>Power to stop, board, divert and detain</Emphasis>241This paragraph applies if a relevant officer has reasonable grounds to suspect that—aan offence under section 25, 25A or 25B is being, or has been, committed on the ship, orbthe ship is otherwise being used in connection with the commission of an offence under any of those sections.2The relevant officer may—astop the ship;bboard the ship;crequire the ship to be taken to a port in the United Kingdom and detained there.3The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).4A relevant officer must give notice in writing to the master of any ship detained under this paragraph.5The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.<Emphasis>Power to search and obtain information</Emphasis>251This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—ato an offence under section 25, 25A or 25B, orbto an offence that is connected with an offence under any of those sections.2The relevant officer may search—athe ship;banyone on the ship;canything on the ship (including cargo).3The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.4The power to search conferred by sub-paragraph (2)—ais only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), andbin the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.5In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—aopen any containers;brequire the production of documents, books or records relating to the ship or anything on it (but not including anything the officer has reasonable grounds to believe to be an item subject to legal privilege);cmake photographs or copies of anything the production of which the officer has power to require.6The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.7Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).8A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Power of arrest and seizure</Emphasis>261This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 25, 25A or 25B has been, or is being, committed on the ship.2The relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.3The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).4A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Protective searches of persons</Emphasis>271The relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—acause physical injury,bcause damage to property, orcendanger the safety of any ship.2The power conferred by sub-paragraph (1) may be exercised—aonly if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; andbonly to the extent that it is reasonably required for the purpose of discovering any such thing.3The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—acause physical injury,bcause damage to property, orcendanger the safety of any ship4If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.5A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.6A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Search for nationality documents</Emphasis>281The relevant officer may require a person found on the ship to produce a nationality document.2The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.3The power conferred by sub-paragraph (2) may be exercised—aonly if the officer has reasonable grounds to believe that a nationality document is concealed on the person; andbonly to the extent that it is reasonably required for the purpose of discovering any such document.4Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 24.5The power to retain a nationality document in sub-paragraph (4) does not affect any other power of an immigration officer to retain a document.6Where the nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.7The power conferred by this paragraph to search a person does not authorise a relevant officer to—arequire the person to remove any clothing in public other than an outer coat, jacket or gloves, orbseize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.8In this paragraph a “nationality document”, in relation to a person, means any document which might—aestablish the person's identity, nationality or citizenship, orbindicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.9A power conferred by this paragraph may be exercised on the ship or elsewhere.<Emphasis>Assistants</Emphasis>291A relevant officer may—abe accompanied by other persons, andbtake equipment or materials,to assist the officer in the exercise of powers under this Part of this Schedule.2A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer's supervision.<Emphasis>Reasonable force</Emphasis>30A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.<Emphasis>Evidence of authority</Emphasis>31A relevant officer must produce evidence of the officer's authority if asked to do so.<Emphasis>Protection of relevant officers</Emphasis>32A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—athe act was done in good faith, andbthere were reasonable grounds for doing it.<Emphasis>Offences</Emphasis>331A person commits an offence under the law of Northern Ireland if the person—aintentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, orbfails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.2A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of Northern Ireland if—athe information is false in a material particular, and the person either knows it is or is reckless as to whether it is, orbthe person intentionally fails to disclose any material particular.3A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.4A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.SCHEDULE 15Civil registration fees Section 89 PART 1 Powers to make regulations for the charging of fees<Emphasis>Marriage Act 1949 (c. 76)</Emphasis>1Before section 72 of the Marriage Act 1949 (but after the heading of Part 6 of that Act) insert—Fees71A1The Secretary of State may by regulations provide for fees to be payable to such persons as may be prescribed in respect of—athe giving of notice of a marriage to a superintendent registrar;ban application for the reduction of the waiting period in relation to a notice of marriage (see section 31(5A));cthe registration for the solemnization of marriages of a building certified as required by law as a place of religious worship, or the cancellation of such a registration;dthe authorisation of a person to be present at the solemnization of marriages in such a building;ethe presence of a superintendent registrar or registrar at a marriage (except in a case falling within section 51(1A));fthe delivery under section 57(1) of a certified copy of entries in a marriage register book;gthe carrying out of a search of—iany marriage register book,iiany index kept in relation to such a book, oriiicertified copies of entries in such a book;hthe provision of a certified copy, or other record of information, relating to an entry in a marriage register book;ithe issue of the Registrar General's licence under section 7 of the Marriage (Registrar General's Licence) Act 1970;jsuch other marriage services as may be prescribed.2Regulations under this section may—aspecify the amount of any fee payable under the regulations, orbset out how such a fee is to be determined.3Subsection (4) applies where the regulations provide for a fee to be payable to a superintendent registrar or registrar.4The regulations may provide for such part of the fee as may be specified by or determined in accordance with the regulations to be payable by the superintendent registrar or registrar to the Registrar General in prescribed circumstances.5The regulations may provide for the reimbursement, reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.6Regulations under this section must be made by statutory instrument.7Regulations under this section may—aprovide for exemptions from any of the provisions of the regulations;bcontain such consequential, incidental, supplemental and transitional provision as the Secretary of State considers appropriate.8A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.9In this section—“marriage services” means services in connection with marriages which are provided by or on behalf of the Registrar General, a superintendent registrar or registrar;“prescribed” means prescribed in regulations made under this section.<Emphasis>Births and Deaths Registration Act 1953 (c. 20)</Emphasis>2Before section 39 of the Births and Deaths Registration Act 1953 (but after the cross-heading above that section) insert—Fees38A1The Minister may by regulations provide for fees to be payable to such persons as may be prescribed in respect of—athe issue of a certificate under section 13(2);bthe carrying out of a search of—iany register of births or register of deaths,iiany index kept in relation to such a register, oriiicertified copies of entries in such a register;cthe provision of a certified copy, or other record of information, relating to an entry in a register of births or a register of deaths;dthe provision of a short certificate of birth or a short certificate of death (see sections 33 and 33A);esuch other birth or death registration services as may be prescribed.2Regulations under this section may—aspecify the amount of any fee payable under the regulations, orbset out how such a fee is to be determined.3Subsection (4) applies where the regulations provide for a fee to be payable to a superintendent registrar or registrar.4The regulations may provide for such part of the fee as may be specified by or determined in accordance with the regulations to be payable by the superintendent registrar or registrar to the Registrar General in prescribed circumstances.5The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.6In this section—“birth or death registration services” means services in connection with the registration of births or deaths which are provided—by or on behalf of the Registrar General, a superintendent registrar or registrar, orby any other person;“prescribed” means prescribed in regulations made under this section.<Emphasis>Registration Service Act 1953 (c. 37)</Emphasis>3After section 19A of the Registration Service Act 1953 insert—Fees in respect of provision of copies of records etc19B1The Minister may by regulations provide for fees to be payable to the Registrar General in respect of the provision by the Registrar General to any persons of copies or other records of any information held by the Registrar General.2The regulations may—aspecify the amount of any fee payable under the regulations, orbset out how such a fee is to be determined.3The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.4Regulations under this section must be made by statutory instrument.5Regulations under this section may—amake different provision for different cases;bprovide for exemptions from any of the provisions of the regulations;ccontain such consequential, incidental, supplemental and transitional provision as the Minister considers appropriate.6A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.<Emphasis>Civil Partnership Act 2004 (c. 33)</Emphasis>41Section 34 of the Civil Partnership Act 2004 (fees) is amended as follows.2In subsection (1), omit “, of such amounts as may be specified in the order,”.3After subsection (1) insert—1AAn order under this section may—aspecify the amount of any fee payable under the order, orbset out how such a fee is to be determined.1BSubsection (1C) applies where the order provides for a fee to be payable to a registration authority.1CThe order may provide for such part of the fee as may be specified by or determined in accordance with the order to be payable by the registration authority to the Registrar General in such circumstances as may be prescribed by the order.4For subsection (2) substitute—2The order may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.<Emphasis>Marriage (Same Sex Couples) Act 2013 (c. 30)</Emphasis>5In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of civil partnership into marriage) after subsection (5) insert—5ASubsection (5B) applies where regulations under this section provide for a fee to be payable to a superintendent registrar or registrar.5BThe regulations may provide for such part of the fee as may be specified in or determined in accordance with the regulations to be payable by the superintendent registrar or registrar to the Registrar General in such circumstances as may be set out in the regulations.5CThe regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise. PART 2 Consequential and related amendments<Emphasis>Places of Worship Registration Act 1855 (c. 81)</Emphasis>6For section 5 of the Places of Worship Registration Act 1855 (fee to superintendent registrar) substitute—Fees51The Secretary of State may by regulations provide for fees to be payable to such persons as may be prescribed in the regulations in respect of the certification to the Registrar General under this Act of a place of meeting for religious worship.2Regulations under this section may—aspecify the amount of any fee payable under the regulations, orbset out how such a fee is to be determined.3Subsection (4) applies where the regulations provide for a fee to be payable to a superintendent registrar.4The regulations may provide for such part of the fee as may be specified by or determined in accordance with the regulations to be payable by the superintendent registrar to the Registrar General in such circumstances as may be set out in the regulations.5The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.6Regulations under this section must be made by statutory instrument.7Regulations under this section may—amake different provision for different cases;bprovide for exemptions from any of the provisions of the regulations;ccontain such consequential, incidental, supplemental and transitional provision as the Secretary of State considers appropriate.8A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.<Emphasis>Savings Banks Act 1887 (c. 40)</Emphasis>7In section 10 of the Savings Banks Act 1887 (price of certificate of birth, death or marriage)—athe existing text becomes subsection (1),bin that subsection (1), after “entered for” insert “ , where the birth, death or marriage is registered in England and Wales, the appropriate fee or in any other case for ”, andcafter that subsection insert—2In subsection (1), “the appropriate fee” means the fee payable to the registrar or other person having care of the register concerned for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953 or section 71A of the Marriage Act 1949.<Emphasis>Marriage Act 1949 (c. 76)</Emphasis>8The Marriage Act 1949 is amended as follows.9In section 27 (notice of marriage) omit subsections (6) and (7).10In section 31 (marriage under certificate without licence)—aomit subsections (5F) and (5G),bin subsection (5H), omit “or an order under subsection (5F)”, andcomit subsection (5I).11In section 41 (registration of buildings: marriage of a man and a woman) omit subsection (6).12In section 43D (regulations about registration of buildings) in subsection (1), omit “and the fees payable”.13In section 51 (fees of registrars for attending marriages)—afor the heading substitute “ Fees of superintendent registrars for attending marriages in approved premises ”,bomit subsection (1),cin subsection (1A), omit paragraph (a) (and the “but” after it), anddomit subsection (2).14In section 57 (quarterly returns to superintendent registrar) omit subsection (4).15In section 63 (searches in register books) in subsection (1), omit from “, on payment” to the end.16In section 64 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.17In section 65 (searches of indexes kept by Registrar General) in subsection (2), omit from “, on payment” to the end.18In section 65A (searches and records of information: additional provision) omit subsection (2).19In section 74 (regulations) in subsection (1)(b), after “this Act” insert “ (other than section 71A) ”.20In section 78 (interpretation) in subsection (1), in the definition of “prescribed” after “ “prescribed”” insert “ (other than in section 71A) ”.<Emphasis>Births and Deaths Registration Act 1953 (c. 20)</Emphasis>21The Births and Deaths Registration Act 1953 is amended as follows.22In section 13 (registration of name of child or of alteration of name) in subsection (2), omit “on payment of a fee not exceeding £1.00”.23In section 30 (searches of indexes kept by Registrar General)—ain subsection (2), omit from “, on payment” to the end, andbin subsection (3), omit “and on payment as aforesaid of the appropriate fee aforesaid”.24In section 31 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.25In section 32 (searches in registers kept by registrars) omit from “, on payment” to the end of paragraph (c).26In section 33 (short certificate of birth) in subsection (1), omit from “on payment” to “and”.27In section 33A (short certificate of death)—ain subsection (1), for paragraphs (a) and (b) substitute “ , on furnishing the prescribed particulars, ”, andbomit subsection (3).28In section 34A (searches and records of information: additional provision) omit subsection (2).29In section 39 (regulations made by the Registrar General) in paragraph (a), for “and 34A” substitute “ , 34A and 38A ”.30In section 39A (regulations made by the Minister: further provisions)—ain subsection (1)(c), after “such” insert “ consequential, ”,bin subsection (2), after “provisions” insert “ other than section 38A ”, andcin subsection (5), for “and 34A” substitute “ , 34A and 38A ”.31In section 41 (interpretation) in subsection (1), in the definition of “prescribed”, for “and 10C” substitute “ , 10C and 38A ”.<Emphasis>Registration Service Act 1953 (c. 37)</Emphasis>32Omit section 16 of the Registration Service Act 1953 (general provision as to fees).<Emphasis>Factories Act 1961 (c. 34)</Emphasis>33In section 178 of the Factories Act 1961 (certificates of birth)—ain subsection (1), after “payment of” insert “ the appropriate fee in England and Wales or ”,balso in subsection (1), before “, be entitled” insert “ in Scotland ”, andcafter subsection (2) insert—3In subsection (1), “the appropriate fee” means the fee payable to a registrar or superintendent registrar for a certified copy of an entry in the register concerned by virtue of section 38A of the Births and Deaths Registration Act 1953.<Emphasis>Public Expenditure and Receipts Act 1968 (c. 14)</Emphasis>34In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees)—aomit the entry relating to the Education Act 1996,bomit the entry relating to the Marriage Act 1949,comit the entry relating to the Births and Deaths Registration Act 1953,din the entry relating to the Savings Banks Act 1887, in the second column, omit “Secretary of State or, as regards Scotland, the”,ein the entry relating to the Factories Act 1961, in the second column, omit “Secretary of State or, as regards Scotland, the”,fin the entry relating to the Social Security Administration Act 1992, in the second column, omit “Secretary of State or, as regards Scotland, the”, andgomit the entry for the Places of Worship Registration Act 1855.<Emphasis>Marriage (Registrar General's Licence) Act 1970 (c. 34)</Emphasis>35Omit section 17 of the Marriage (Registrar General's Licence) Act 1970 (fees).<Emphasis>Education Act 1996 (c. 56)</Emphasis>371Section 564 of the Education Act 1996 (certificates of birth and registrars' returns) is amended as follows.2In subsection (1), for paragraph (b) substitute—bon payment of the appropriate fee,.3In subsection (4)—aafter the opening words insert—“the appropriate fee” means the fee payable to the registrar having custody of the register concerned for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953;, andbin the definition of “register of births and deaths”, for “the Births and Deaths Registration Act 1953” substitute “ that Act ”.S. 61 partly in force; s. 61(3)-(5) in force at Royal Assent, see s. 94(3)Sch. 5 para. 19 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 57 in force at 12.7.2016 by S.I. 2016/603, reg. 3(j)S. 69 in force at 31.5.2016 by S.I. 2016/603, reg. 2(b)S. 39 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(a)Sch. 3 para. 29 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 12 in force at 12.7.2016 by S.I. 2016/603, reg. 3(b)S. 49 in force at 12.7.2016 by S.I. 2016/603, reg. 3(g)Sch. 5 para. 40 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 7 para. 4 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)Sch. 2 para. 11 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 7 para. 5 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)Sch. 15 para. 10 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 84 in force at 21.11.2016 by S.I. 2016/1037, reg. 3S. 50 in force at 12.7.2016 by S.I. 2016/603, reg. 3(g)Sch. 10 para. 2(2)(3)(5)-(10) in force at 31.8.2021 for E.W. by S.I. 2021/939, reg. 2(b) (with Sch. paras. 1, 2)Sch. 15 para. 27 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 35 in force at 12.7.2016 by S.I. 2016/603, reg. 3(f)Sch. 2 para. 17 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 10 para. 14 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 4 para. 2 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 3 para. 34 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Words in s. 72(1) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 6(2)(b)S. 79 in force at 21.11.2016 by S.I. 2016/1037, reg. 3S. 37 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(a)S. 40 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(b)Sch. 4 para. 6 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 5 para. 34 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 14 para. 3 in force at 31.5.2016 by S.I. 2016/603, reg. 2(d)Sch. 4 para. 22 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)S. 18 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(b)Sch. 15 para. 35 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Words in s. 27(3) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1S. 63 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(h)Sch. 10 applied by 2007 c. 30, s. 36(3A)-(3C) (as inserted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 40(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))Sch. 5 para. 35 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 16 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(a)Sch. 15 para. 7 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 10 para. 25 in force at 31.8.2021 for E.W. in so far as not already in force by S.I. 2021/939, reg. 2(b) (with Sch. paras. 1, 2)S. 38 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(b)Words in s. 7(2)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 35 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)S. 73 in force at 1.1.2018 by S.I. 2017/1210, reg. 2S. 61(1)(2) in force at 31.8.2021 for specified purposes for E.W. by S.I. 2021/939, reg. 2(a)Words in s. 69(4) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(6)Sch. 14 para. 5 in force at 31.5.2016 by S.I. 2016/603, reg. 2(d)Sch. 2 para. 3 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 5 para. 50 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 3 para. 15 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 4 para. 14 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 4 para. 20 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 10 para. 39 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 4 para. 13 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 15 para. 20 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 7 para. 3 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)Sch. 8 para. 2 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)Sch. 3 para. 18 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 53 in force at 12.7.2016 by S.I. 2016/603, reg. 3(g)Sch. 15 para. 34 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 10 para. 7 in force at 31.8.2021 for E.W. by S.I. 2021/939, reg. 2(b) (with Sch. paras. 1, 2)Sch. 6 para. 14 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Words in Sch. 12 para. 10 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 3(c)Sch. 10 para. 15 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 10 para. 20 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 10 para. 8 in force at 31.8.2021 for E.W. by S.I. 2021/939, reg. 2(b) (with Sch. paras. 1, 2)Sch. 6 para. 13 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 4 para. 15 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 2 para. 5 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 5 para. 48 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 10 para. 8 modified (S.N.I.) (31.8.2022) by The Immigration Act 2016 (Commencement No. 1 and Transitional Provisions) (Scotland and Northern Ireland) Regulations 2022 (S.I. 2022/863), Sch. para. 4S. 72(1A) inserted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 6(3)Sch. 15 para. 15 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 13 in force at 12.7.2016 by S.I. 2016/603, reg. 3(b)Sch. 6 para. 12 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 2 para. 13 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 3 para. 31 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 10 para. 42 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 6 para. 9 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 7 para. 2 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)Sch. 15 para. 19 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 5 para. 51 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 5 para. 46 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Words in s. 70(1) omitted (7.2.2018) by virtue of The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 4(2)Sch. 10 para. 31 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)S. 45 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(a)Sch. 5 para. 11 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 88 in force at 12.7.2016 by S.I. 2016/603, reg. 3(q)Sch. 6 para. 4 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 5 para. 32 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)Sch. 15 para. 5 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 89 in force at 12.7.2016 by S.I. 2016/603, reg. 3(r)Sch. 15 para. 11 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 5 para. 53 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 10 in force at 12.7.2016 by S.I. 2016/603, reg. 3(b)Words in s. 71(1)(a) omitted (7.2.2018) by virtue of The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 5Sch. 15 para. 22 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 10 para. 6 modified (E.W.) (31.1.2022) by The Immigration Act 2016 (Commencement and Transitional Provisions No. 1) (England and Wales) Regulations 2021 (S.I. 2021/939), Sch. para. 3Sch. 5 para. 44 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 55 in force at 12.7.2016 by S.I. 2016/603, reg. 3(h)Sch. 6 para. 5 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)S. 19 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(b)Sch. 4 para. 21 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 15 para. 31 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 4 para. 27 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 7 para. 7 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)Sch. 15 para. 24 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 5 para. 45 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 69(3A)-(3C) inserted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(5)Sch. 4 para. 23 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)S. 2 in force at 12.7.2016 by S.I. 2016/603, reg. 3(a)S. 70 in force at 31.5.2016 by S.I. 2016/603, reg. 2(b)Sch. 5 para. 49 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 5 para. 2 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)Sch. 4 para. 11 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 15 para. 29 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Words in s. 27(2)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1Sch. 10 para. 11 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 3 para. 16 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Words in s. 69(1) omitted (7.2.2018) by virtue of The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(2)(a)Sch. 6 para. 1 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j) (with reg. 7)Sch. 5 para. 31 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 20 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(b)Words in s. 69(5) inserted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(7)Sch. 5 para. 27 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Words in s. 70(2)(a) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 4(3)Sch. 6 para. 6 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 15 para. 28 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 72 in force at 31.5.2016 by S.I. 2016/603, reg. 2(b)Sch. 4 para. 33 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 4 para. 12 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)S. 54 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(f)Pt. 7 functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(x) (with arts. 3(2), 6, 12)S. 30 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(c)Sch. 10 para. 18 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 15 para. 21 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 10 para. 41 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 3 para. 24 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 4 para. 36 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Words in s. 93(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 32(b) (with art. 12)S. 14 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(a)S. 59 in force at 12.7.2016 by S.I. 2016/603, reg. 3(l)Sch. 10 para. 30 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 10 para. 3 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 2 para. 16 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 5 para. 6 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 6 in force at 12.7.2016 by S.I. 2016/603, reg. 3(a)Sch. 2 para. 9 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 5 para. 21 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 14 para. 8 in force at 31.5.2016 by S.I. 2016/603, reg. 2(d)Sch. 4 para. 3 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 7 para. 5 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)S. 77 in force at 21.11.2016 by S.I. 2016/1037, reg. 3Sch. 6 para. 10 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 15 para. 25 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Words in Sch. 12 para. 13 substituted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 3(d)Sch. 5 para. 7 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 8 para. 1 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)Sch. 8 para. 7 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)Sch. 10 para. 7 in force at 31.8.2022 for S.N.I. by S.I. 2022/863, regs. 1(2), 2(b)S. 43 in force at 31.7.2017 for specified purposes by S.I. 2017/799, reg. 2Sch. 10 para. 36 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 10 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(b)(4)Sch. 5 para. 17 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 3 para. 35 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 11 para. 46 in force at 15.1.2018 for specified purposes by S.I. 2017/1241, reg. 2(d)(ii) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 15 para. 13 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 5 para. 29 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Word in Sch. 12 para. 2(4) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 3(b)Sch. 10 para. 17 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 5 para. 52 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Words in s. 69(3) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(4)Sch. 6 para. 11 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)S. 95(2) omitted (7.2.2018) by virtue of The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 7(2)S. 69(8)(8A) substituted for s. 69(8) (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(8)Sch. 3 para. 28 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 15 para. 2 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 56 repealed (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(2)(d), 23(1) (with art. 23(2))Sch. 5 para. 33 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)Sch. 2 para. 2 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 7 para. 7 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)Sch. 15 para. 26 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 47 in force at 12.7.2016 by S.I. 2016/603, reg. 3(g)Sch. 4 para. 16 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Act extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2021 (S.I. 2021/1281), arts. 1(1), 14, Schs. 12, 12A (with art. 16)Sch. 14 para. 7 in force at 31.5.2016 by S.I. 2016/603, reg. 2(d)Sch. 3 para. 12 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 25 in force at 12.7.2016 by S.I. 2016/603, reg. 3(c)Sch. 14 para. 6 in force at 31.5.2016 by S.I. 2016/603, reg. 2(d)Sch. 5 para. 43 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 15 para. 4 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 7 para. 4 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)Sch. 8 para. 3 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)Sch. 5 para. 47 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 3 para. 3 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 10 para. 5 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Words in s. 93(6) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 32(b) (with art. 12)S. 62 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(g)Sch. 4 para. 1 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b) (with reg. 3)Sch. 5 para. 9 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Ss. 69-72 extended to Scotland and Northern Ireland (as well as to England and Wales) by virtue of The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 2(a)S. 41 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(e)Sch. 7 para. 1 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)Sch. 3 para. 14 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 4 para. 9 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 8 para. 4 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)Sch. 4 para. 24 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 5 para. 22 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 5 para. 39 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 5 para. 55 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)Sch. 15 para. 23 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 39 in force at 1.12.2016 in so far as not already in force by S.I. 2016/1037, reg. 5(c)Sch. 4 para. 18 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Words in s. 69(2) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(3)Sch. 4 para. 28 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 4 para. 19 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 3 para. 25 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 4 para. 5 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 5 para. 41 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Words in s. 72(1) omitted (7.2.2018) by virtue of The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 6(2)(a)Sch. 10 para. 1 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 2 para. 10 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 7 para. 3 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)Sch. 10 para. 9 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 3 para. 30 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 42(5) modified (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 2Sch. 6 para. 3 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 5 para. 20 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 8 in force at 12.7.2016 by S.I. 2016/603, reg. 3(a)Sch. 10 para. 13 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Word in Sch. 12 para. 2(2) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 3(a)S. 4 in force at 12.7.2016 by S.I. 2016/603, reg. 3(a)Sch. 10 para. 33 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 10 para. 7 modified (E.W.) (31.1.2022) by The Immigration Act 2016 (Commencement and Transitional Provisions No. 1) (England and Wales) Regulations 2021 (S.I. 2021/939), Sch. para. 4S. 95(5) power extended (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 86(5)(6)(n), 87(3)(c) Sch. 10 para. 24 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 4 para. 7 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 2 para. 14 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 3 para. 21 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 69(12)(13) inserted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(9)Sch. 10 para. 25 in force at 31.8.2022 for S.N.I. in so far as not already in force by S.I. 2022/863, regs. 1(2), 2(b)Sch. 10 para. 26 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)S. 75 in force at 31.5.2016 by S.I. 2016/603, reg. 2(c)Sch. 10 para. 43 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 5 para. 42 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 10 para. 6 modified (S.N.I.) (31.8.2022) by The Immigration Act 2016 (Commencement No. 1 and Transitional Provisions) (Scotland and Northern Ireland) Regulations 2022 (S.I. 2022/863), Sch.Sch. 3 para. 4 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 4 para. 17 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 5 para. 38 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 40 in force at 1.12.2016 in so far as not already in force by S.I. 2016/1037, reg. 5(d)S. 66 in force at 15.1.2018 for specified purposes by S.I. 2017/1241, reg. 2(b) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 6 para. 8 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 4 para. 35 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 5 para. 8 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 60 in force at 12.7.2016 by S.I. 2016/603, reg. 3(m)Sch. 10 Pt. 1 applied (with modifications) (31.12.2020) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 13(2)Words in Sch. 12 para. 9 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 23(2)Sch. 5 para. 10 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 5 para. 25 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 27 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(c)Sch. 3 para. 36 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 2 para. 4 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 7 para. 1 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)Sch. 3 para. 13 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 10 para. 37 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 2 para. 12 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)S. 23 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(b)S. 48 in force at 12.7.2016 by S.I. 2016/603, reg. 3(g)S. 15 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(a)Sch. 7 para. 6 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)Sch. 6 para. 16 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 5 para. 18 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 11 para. 1 in force at 15.1.2018 for specified purposes by S.I. 2017/1241, reg. 2(d)(i) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 5 para. 26 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 4 para. 29 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 15 para. 30 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 3 para. 7 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 21 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(b)Words in s. 27(3) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1Sch. 15 para. 33 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 10 modified (15.1.2018 for specified purposes, 31.8.2021 for E.W. in so far as not already in force, 31.8.2022 for S.N.I. in so far as not already in force) by 1997 c. 68, Sch. 3 (as substituted by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 25; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2); S.I. 2021/939, reg. 2(b) (with Sch. para. 1, 2); S.I. 2022/863, regs. 1(2), 2(b))S. 64 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(h)Sch. 9 in force at 12.7.2016 by S.I. 2016/603, reg. 3(v)Sch. 10 para. 4 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 6 para. 15 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 10 para. 3(2)(ea) substituted for word (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 48, 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 25S. 32 in force at 12.7.2016 by S.I. 2016/603, reg. 3(d)Sch. 14 para. 1 in force at 31.5.2016 by S.I. 2016/603, reg. 2(d)Sch. 15 para. 36 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Words in s. 83 substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 32(a) (with art. 12)Sch. 10 para. 25 in force at 15.1.2018 for specified purposes by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 10 para. 2(1)(4)(11) in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 7 para. 6 in force at 30.10.2017 in so far as not already in force by S.I. 2017/929, reg. 2(b)Sch. 3 para. 9 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 5 para. 23 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 10 para. 27 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 4 para. 34 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)S. 76 in force at 12.7.2016 by S.I. 2016/603, reg. 3(n)Sch. 5 para. 56 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)Sch. 3 para. 8 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 10 para. 19 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 5 para. 36 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 4 para. 32 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Words in s. 78(5) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 113 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)Sch. 5 para. 28 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 10 para. 35 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 5 para. 30 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 29 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(c)Sch. 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(s)Sch. 10 para. 40 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 3 para. 17 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 65 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(h)Sch. 15 para. 3 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 10 para. 29 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)S. 5 in force at 12.7.2016 by S.I. 2016/603, reg. 3(a)Sch. 15 para. 32 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 61(1)(2) in force at 15.1.2018 for specified purposes by S.I. 2017/1241, reg. 2(a) (with Sch.) (as amended by S.I. 2018/31, reg. 2)S. 3 in force at 12.7.2016 by S.I. 2016/603, reg. 3(a)S. 52 in force at 12.7.2016 by S.I. 2016/603, reg. 3(g)S. 78 in force at 21.11.2016 by S.I. 2016/1037, reg. 3Sch. 15 para. 14 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Word in s. 72(1) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 6(2)(c)S. 51 in force at 12.7.2016 by S.I. 2016/603, reg. 3(g)Act: power to amend conferred (28.6.2022 in so far as not already in force, 28.4.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss., 82(2)(o), (3)-(6), 87(1)(4)(i) 82(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29Sch. 15 para. 6 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 10 para. 21 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 3 para. 19 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 67 in force at 31.5.2016 by S.I. 2016/603, reg. 2(a)S. 11 in force at 12.7.2016 by S.I. 2016/603, reg. 3(b)Sch. 3 para. 23 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 3 para. 11 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 3 para. 33 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Words in s. 69(1)(a) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(2)(b)Sch. 3 para. 5 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 61(1)(2) in force at 31.8.2022 for S.N.I. in so far as not already in force by S.I. 2022/863, regs. 1(2), 2(a)S. 17 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(a)Words in s. 7(2)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 197(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)S. 34 in force at 12.7.2016 by S.I. 2016/603, reg. 3(e) (with transitional provision in S.I. 2016/712, art. 2)Sch. 5 para. 37 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 3 para. 26 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 10 para. 34 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 10 para. 16 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)S. 31 in force at 12.7.2016 by S.I. 2016/603, reg. 3(d)Sch. 5 para. 15 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 22 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(b)Sch. 4 para. 8 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 4 para. 25 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 7 para. 2 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)Sch. 10 para. 12 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 3 para. 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 10 para. 2(2)(3)(5)-(10) in force at 31.8.2022 for S.N.I. by S.I. 2022/863, regs. 1(2), 2(b)S. 58 in force at 12.7.2016 by S.I. 2016/603, reg. 3(k)Sch. 2 para. 15 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)S. 83 in force at 21.11.2016 by S.I. 2016/1037, reg. 3Act extended in part (Isle of Man) (with modifications) by S.I. 2008/680, art. 22A, Sch. 9B (as inserted (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, 10, Sch. 2)Sch. 2 para. 8 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 14 para. 4 in force at 31.5.2016 by S.I. 2016/603, reg. 2(d)Sch. 4 para. 4 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)S. 86 in force at 12.7.2016 by S.I. 2016/603, reg. 3(o)Sch. 10 para. 38 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)S. 71 in force at 31.5.2016 by S.I. 2016/603, reg. 2(b)S. 80 in force at 21.11.2016 by S.I. 2016/1037, reg. 3Sch. 5 para. 54 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)Sch. 8 para. 5 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)Words in s. 70(4) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 4(4)S. 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(a)Sch. 6 para. 17 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)Sch. 4 para. 10 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 15 para. 17 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 10 para. 8 modified (E.W.) (31.1.2022) by The Immigration Act 2016 (Commencement and Transitional Provisions No. 1) (England and Wales) Regulations 2021 (S.I. 2021/939), Sch. para. 4Words in s. 72(11) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 6(4)S. 93(2)(fa)(fb) inserted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 7(1)Sch. 5 para. 24 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 6 para. 18 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)S. 24 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(b)Sch. 3 para. 32 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 46 in force at 12.7.2016 by S.I. 2016/603, reg. 3(g)Sch. 5 para. 16 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)S. 33 in force at 12.7.2016 by S.I. 2016/603, reg. 3(d)Sch. 3 para. 27 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)S. 81 in force at 21.11.2016 by S.I. 2016/1037, reg. 3Sch. 8 para. 6 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(k)S. 87 in force at 12.7.2016 by S.I. 2016/603, reg. 3(p)Sch. 6 para. 7 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)S. 45 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(c)Sch. 10 para. 23 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 15 para. 12 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Words in s. 93(4)(a) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 32(b) (with art. 12)Sch. 10 para. 22 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 6 para. 2 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(j)S. 36 in force at 6.4.2017 by S.I. 2017/380, reg. 2(a)Sch. 5 para. 14 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 15 para. 9 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Words in s. 7(11) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 197(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)Sch. 4 para. 30 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 3 para. 10 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 10 para. 10 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 3 para. 22 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 2 para. 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)S. 9 in force at 12.7.2016 by S.I. 2016/603, reg. 3(a)Sch. 5 para. 13 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 3 para. 2 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 15 para. 18 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 10 para. 6 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 4 para. 26 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 5 para. 3 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)S. 26 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(c)Sch. 4 para. 31 in force at 6.4.2017 by S.I. 2017/380, reg. 2(b)Sch. 10 para. 8 in force at 31.8.2022 for S.N.I. by S.I. 2022/863, regs. 1(2), 2(b)Sch. 3 para. 6 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 2 para. 7 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 15 para. 8 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 7 in force at 12.7.2016 by S.I. 2016/603, reg. 3(a)Sch. 5 para. 1 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i)Sch. 3 para. 20 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)Sch. 10 para. 32 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 5 para. 12 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 15 para. 37 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 82 in force at 21.11.2016 by S.I. 2016/1037, reg. 3Sch. 5 para. 4 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 15 para. 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)S. 28 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(c)Sch. 10 applied by 1971 c. 77, Sch. 3 para. 2(5)-(7) (as substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(2)(d); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))Sch. 14 para. 2 in force at 31.5.2016 by S.I. 2016/603, reg. 2(d)Sch. 10 para. 7 modified (S.N.I.) (31.8.2022) by The Immigration Act 2016 (Commencement No. 1 and Transitional Provisions) (Scotland and Northern Ireland) Regulations 2022 (S.I. 2022/863), Sch. para. 4Sch. 5 para. 5 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)Sch. 2 para. 6 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)Sch. 15 para. 16 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)Sch. 10 para. 28 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)Sch. 11 para. 2(n) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022 (S.I. 2022/803), regs. 1(1), 8 (as amended by S.I. 2022/906, arts. 1(2), 15)Word in Sch. 10 para. 3(4)(b) substituted (20.11.2023) by Nationality and Borders Act 2022 (c. 36), ss. 46(8), 87(1); S.I. 2023/1222, reg. 2Act excluded (25.4.2024) by Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 2(5)(a), 5, 10(1) (with ss. 4, 10(2))