Immigration Act 2016 - legislation

1 Immigration Act 2016 CHAPTER 19 CONTENTSPART 1 LABOUR MARKET AND ILLEGAL WORKINGCHAPTER 1 LABOUR MARKETD irector of Labour Market Enforcement1 Director of Labour Market Enforcement2 Labour market enforcement strategy3 Non-compliance in the labour market etc: interpretation4 Annual and other reports5 Publication of strategy and reports6 Information gateways7 Information gateways: supplementary8 Information hub9 Restriction on exercising functions in relation to individual casesGangmasters and Labour Abuse Authority10 Renaming of Gangmasters Licensing Authority11 Functions in relation to labour market12 PACE powers in England and Wales for labour abuse prevention officers13 Relationship with other agencies: requests for assistanceLabour market enforcement undertakings14 Power to request LME undertaking15 Measures in LME undertakings16 Duration17 Further provision about giving notice under section 14 Immigration Act 2016 (c.)

2 19)iiLabour market enforcement orders18 Power to make LME order on application19 Applications20 Power to make LME order on conviction21 Measures in LME orders22 Further provision about LME orders23 Variation and discharge24 AppealsLME undertakings and orders: supplementary25 Code of practice26 Investigative functions27 Offence28 Offences by bodies corporate29 Application to unincorporated associations30 Application to partnershipsSupplementary provision31 Consequential and related amendments32 Regulations under Chapter 133 Interpretation of Chapter 1 CHAPTER 2 ILLEGAL WORKINGO ffences34 Offence of illegal working35 Offence of employing illegal workerIllegal working in licensed premises36 Licensing Act 2003.

3 Amendments relating to illegal workingIllegal working in relation to private hire vehicles etc37 Private hire vehicles etcIllegal working notices and orders38 Illegal working closure notices and illegal working compliance ordersPART 2 ACCESS TO SERVICESR esidential tenancies39 Offence of leasing premises40 Eviction41 Order for possession of dwelling-houseImmigration Act 2016 (c. 19)iii42 Extension to Wales, Scotland and Northern IrelandDriving43 Powers to carry out searches relating to driving licences44 Offence of driving when unlawfully in the United KingdomBank accounts45 Bank accountsPART 3 ENFORCEMENTP owers of Immigration officers etc46 Powers in connection with examination.

4 Detention and removal47 Search of premises in connection with imposition of civil penalty48 Seizure and retention in relation to offences49 Duty to pass on items seized under section 4850 Retention of things seized under Part 3 of the Immigration Act 197151 Search for nationality documents by detainee custody officers etc52 Seizure of nationality documents by detainee custody officers etc53 Amendments relating to sections 51 and 5254 Amendments to search warrant provisions55 Supply of information to Secretary of State56 Detention etc. by Immigration officers in Scotland57 Powers to take fingerprints etc. from dependants58 Interpretation of PartDetention and bail59 Guidance on detention of vulnerable persons60 Limitation on detention of pregnant women61 Immigration bailPower to cancel leave62 Power to cancel leave extended under section 3C of the Immigration Act 1971 PART 4 APPEALS63 Appeals within the United Kingdom: certification of human rights claims64 Continuation of leave: repeals65 Deemed refusal of leave to enter: repealsImmigration Act 2016 (c.)

5 19)ivPART 5 SUPPORT ETC FOR CERTAIN CATEGORIES OF MIGRANTS upport66 Support for certain categories of migrant67 Unaccompanied refugee children: relocation and support68 Availability of local authority supportTransfer of responsibility for relevant children69 Transfer of responsibility for relevant children70 Duty to provide information for the purposes of transfers of responsibility71 Request for transfer of responsibility for relevant children72 Scheme for transfer of responsibility for relevant children73 Extension to Wales, Scotland and Northern IrelandPART 6 BORDER SECURITY74 Penalties relating to airport control areas75 Maritime enforcement76 Persons excluded from the United Kingdom under international obligationsPART 7 LANGUAGE REQUIREMENTS FOR PUBLIC SECTOR WORKERS77 English language requirements for public sector workers78 Meaning of public authority 79 Power to expand meaning of person working for public authority80 Duty to issue codes of practice81 Procedure for codes of practice82 Application of Part to Wales83 Interpretation of Part84 Crown applicationPART 8 FEES AND CHARGESI mmigration85 Immigration skills chargePassports and civil registration86

6 Power to make passport fees regulations87 Passport fees regulations: supplemental88 Power to charge for passport validation services89 Civil registration feesImmigration Act 2016 (c. 19)vPART 9 MISCELLANEOUS AND GENERALW elfare of children90 Duty regarding the welfare of childrenFinal provisions91 Financial provisions92 Transitional and consequential provision93 Regulations94 Commencement95 Extent96 Short titleSchedule 1 Persons to whom Director etc may disclose informationSchedule 2 Functions in relation to labour marketSchedule 3 Consequential and related amendmentsSchedule 4 Licensing Act 2003: amendments relating to illegal workingPart 1 Entitlement to work in the United KingdomPart 2 Premises licencesPart 3 Personal licencesPart 4 Rights of entryPart 5 Appeals Part 6 GeneralPart 7 Transitional provisionSchedule 5 Private hire vehicles etcSchedule 6 Illegal working closure notices and illegal working complianceordersSchedule 7 Bank accountsSchedule 8 Amendments to search warrant provisionsSchedule 9 Duty to supply nationality documents to Secretary of State.

7 Persons to whom duty appliesSchedule 10 Immigration bailPart 1 Main provisionsPart 2 Amendments to other ActsSchedule 11 Support for certain categories of migrantPart 1 Amendments of the Immigration ActsPart 2 Transitional and saving provisionSchedule 12 Availability of local authority support Schedule 13 Penalties relating to airport control areasSchedule 14 Maritime enforcementSchedule 15 Civil registration feesPart 1 Powers to make regulations for the charging of feesPart 2 Consequential and related amendmentsELIZABETH IIc. 19 Immigration Act 20162016 CHAPTER 19An Act to make provision about the law on Immigration and asylum; to makeprovision about access to services, facilities, licences and work by reference toimmigration status; to make provision about the enforcement of certainlegislation relating to the labour market; to make provision about languagerequirements for public sector workers; to make provision about fees forpassports and civil registration; and for connected purposes.

8 [12th May 2016 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 LABOUR MARKET AND ILLEGAL WORKINGCHAPTER 1 LABOUR MARKETD irector of Labour Market Enforcement1 Director of Labour Market Enforcement(1)The Secretary of State must appoint a person as the Director of Labour MarketEnforcement (referred to in this Chapter as the Director ).(2) The Director is to hold office in accordance with the terms of his or herappointment.(3)The functions of the Director are exercisable on behalf of the Act 2016 (c.)

9 19)Part 1 Labour market and illegal workingChapter 1 Labour market2(4)The Secretary of State must provide the Director with such staff, goods,services, accommodation and other resources as the Secretary of Stateconsiders the Director needs for the exercise of his or her functions.(5)The Secretary of State must (a)pay the Director such expenses, remuneration and allowances, and(b)pay or make provision for the payment of such pension to or in respectof the Director,as may be provided for by or under the terms of the Director s market enforcement strategy (1)The Director must before the beginning of each financial year prepare a labourmarket enforcement strategy for that year and submit it to the Secretary of Statefor approval.

10 (2)A labour market enforcement strategy (referred to in this Chapter as a strategy ) is a document which (a)sets out the Director s assessment of (i)the scale and nature of non-compliance in the labour marketduring the year before the one to which the strategy relates, and(ii)the likely scale and nature of such non-compliance during theyear to which the strategy relates and the following two years,(b)contains a proposal for the year to which the strategy relates settingout (i)how labour market enforcement functions should be exercised,(ii)the education, training and research activities the Secretary ofState, and any other person by whom, or by whose officers,labour market enforcement functions are exercisable, shouldundertake or facilitate in connection with those functions,(iii)the information, or descriptions of information, that should beprovided to the Director for the purposes of his or her functionsby any person by whom, or by whose officers, labour marketenforcement functions are exercisable, and(iv)the form and manner in which, and frequency with which, thatinformation should be provided,(c)