Legalize / United Kingdom / Public General Act

Immigration Act 2016

Type Public General Act

Publication 2016-05-12

Last updated 2026-03-05

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6) Subsections (3) to (5) are repealed on the coming into force of the repeal of paragraphs 22 and 29 of Schedule 2 to the Immigration Act 1971 by paragraph 20 of Schedule 10.

Power to cancel leave

Power to cancel leave extended under section 3C of the Immigration Act 1971

62

(1) In section 3C of the Immigration Act 1971 (continuation of leave pending variation decision) after subsection (3) insert—

(3A) Leave extended by virtue of this section may be cancelled if the applicant— (a) has failed to comply with a condition attached to the leave, or (b) has used or uses deception in seeking leave to remain (whether successfully or not).

(2) In 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 — Appeals

Appeals within the United Kingdom: certification of human rights claims

63

(1) Section 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).

(2) In the heading omit “made by persons liable to deportation”.

(3) In subsection (1) omit the words from “who is liable” to the end of paragraph (b).

(4) In 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 ”.

(5) In 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 ”.

(6) In 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: repeals

64

(1) In the Immigration Act 1971 omit section 3D (continuation of leave following revocation).

(2) In section 2(2)(a) of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals) omit “or 3D”.

(3) In section 120(4)(b) of the Nationality, Immigration and Asylum Act 2002 (requirement to state additional grounds for application etc) omit “or 3D”.

(4) In consequence of the repeals made by this section, the following are repealed—

(a) paragraph 14(b)(i) of Schedule 1 to the Immigration, Asylum and Nationality Act 2006, and

(b) paragraph 22 of Schedule 9 to the Immigration Act 2014.

(5) The repeals made by this section do not apply in relation to a person (“P”) where—

(a) P's leave was extended by virtue of section 3D of the Immigration Act 1971 immediately before 6 April 2015, and

(b) immediately 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: repeals

65

(1) In the Immigration Act 1971 omit paragraph 2A(9) of Schedule 2 (deemed refusal of leave to enter).

(2) In consequence of the repeal made by this section, paragraph 23 of Schedule 9 to the Immigration Act 2014 is repealed.

(3) The 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

Support

Support for certain categories of migrant

66

Schedule 11 (support for certain categories of migrant) has effect.

Unaccompanied refugee children: relocation and support

67

(1) The 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.

(2) The number of children to be resettled under subsection (1) shall be determined by the Government in consultation with local authorities.

(3) The 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 support

68

Schedule 12 (availability of local authority support) has effect.

Transfer of responsibility for relevant children

69

(1) This section applies in relation to a local authority ... (“the first authority”) if—

(a) the authority has functions under any of the relevant provisions in relation to a relevant child, or

(b) functions under any of the relevant provisions may be conferred on the authority in relation to a relevant child.

(2) The first authority may make arrangements with another local authority in the same part of the United Kingdom (“the second authority”) under which—

(a) if 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, and

(b) if 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.

(3) The effect of arrangements under subsection (2) is that, from the time at which the arrangements have effect in accordance with their terms—

(a) functions 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”),

(b) any 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), and

(c) C 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).

(3A) The 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).

(3B) The effects are that, from the time at which the arrangements have effect in accordance with their terms—

(a) the 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,

(b) C 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, and

(c) C 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.

(3C) Where 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.

(5) Nothing 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.

(6) The Secretary of State may by regulations make further provision about the effect of arrangements under this section.

(7) Arrangements under this section may not be brought to an end by the first or second authority once they have come into effect.

(8) In this section “local authority”—

(a) in relation to England and Wales has the same meaning as in the Children Act 1989 (see section 105(1) of that Act),

(b) in relation to Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and

(c) in 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.

(8A) In this section “the relevant provisions”—

(a) in 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), and

(b) in 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.

(9) In this section “relevant child” means—

(a) a person under the age of 18 who is unaccompanied and has made a protection claim which has not been determined,

(b) a person under the age of 18 who is unaccompanied and who—

(i) requires leave to enter or remain in the United Kingdom but does not have it, and

(ii) is a person of a kind specified in regulations made by the Secretary of State, or

(i) has leave to enter or remain in the United Kingdom, and

(ii) is a person of a kind specified in regulations made by the Secretary of State.

(10) The Secretary of State may by regulations make provision about the meaning of “unaccompanied” for the purposes of subsection (9).

(11) In subsection (9)—

(a) “protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002, and

(b) the 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.

(12) In this section “statutory provision” means a provision made by or under—

(a) an Act,

(b) an Act of the Scottish Parliament,

(d) an Act of the Northern Ireland Assembly.

(13) In 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 responsibility

70

(1) The 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—

(a) arrangements to be made under section 69, or

(b) the Secretary of State to exercise functions under section 72.

(2) The information mentioned in subsection (1) is—

(a) information about the support or accommodation provided to children who are looked after by the local authority within the meaning of the relevant provisions;

(b) such other information as may be specified in regulations made by the Secretary of State.

(3) A local authority which is directed to provide information under this section must provide it—

(a) in such form and manner as the Secretary of State may direct, and

(b) before such time or before the end of such period as the Secretary of State may direct.

(4) In this section “local authority” and “relevant provisions” have the same meanings as in section 69.

Request for transfer of responsibility for relevant children

71

(1) Subsection (2) applies if—

(a) a local authority ... (“the first authority”) requests another local authority ... (“the second authority”) to enter into arrangements under section 69, and

(b) the second authority does not comply with the first authority's request.

(2) The 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.

(3) In this section “local authority” has the same meaning as in section 69.

Scheme for transfer of responsibility for relevant children

72

(1) The 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).

(1A) The 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).

(2) A scheme under this section—

(a) must specify the local authorities to which it relates, and

(b) unless 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.

(3) The Secretary of State may direct the transferring authority and each receiving authority under a scheme under this section to comply with the scheme.

(4) A 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.

(5) Before 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.

(6) The 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.

(7) The local authority may make written representations to the Secretary of State about the proposed direction within that period.

(8) The 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.

(9) A 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.

(10) Subsections (5) to (7) apply to the modification or withdrawal of a direction as they apply to the giving of a direction, but as if—

(a) the reference to the proposed direction were to the proposed modification or proposal to withdraw the direction, and

(b) subsection (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.

(11) In 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 Ireland

73

(1) The 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.

(2) The Secretary of State may by regulations make provision which—

(a) has a similar effect to—

(i) any of the provisions mentioned in subsection (1), or

(ii) provision which may be made under section 69(6) or (10), and

(b) applies in relation to Wales, Scotland or Northern Ireland.

(3) Regulations under subsection (1) may amend, repeal or revoke any enactment (including an enactment contained in this Act).

(4) Regulations under subsection (1) or (2) may not confer functions on—

(a) the Welsh Ministers,

(b) the Scottish Ministers,

(d) a Northern Ireland Minister, or

(e) a Northern Ireland department.

(5) In this section “enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

(b) an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales;

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

PART 6 — Border security

Penalties relating to airport control areas

74

(1) In 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—

(4) Part 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).

(2) In that Schedule after Part 1 insert the Part 1A set out in Schedule 13.

Maritime enforcement

75

Schedule 14 (maritime enforcement) has effect.

Persons excluded from the United Kingdom under international obligations

76

(1) In 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 ”.

(2) In section 8A of that Act (persons ceasing to be exempt) after subsection (3) insert—

(4) References 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).

(3) Section 8B of that Act (persons excluded from the United Kingdom under international obligations) is amended as follows.

(4) In subsection (1) after paragraph (b) insert—

(and any leave given to a person who is an excluded person is invalid)

(5) For subsection (3) substitute—

(3) Any 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.

(6) In subsection (4) for “a designated instrument” substitute “ an instrument falling within subsection (5) ”.

(7) In subsection (5) for “The Secretary of State may by order designate an instrument” substitute “ An instrument falls within this subsection ”.

(8) After subsection (5) insert—

(5A) Subsection (1), (2) or (3) does not apply to a person if— (a) the application of that subsection to that person would be contrary to the United Kingdom's obligations under— (i) the Human Rights Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or (ii) the Refugee Convention (within the meaning given by that provision), or (b) the person has been exempted from the application of that subsection under a process applying by virtue of the instrument falling within subsection (5).

(9) Omit subsections (6) to (8).

PART 7 — Language requirements for public sector workers

English language requirements for public sector workers

77

(1) A public authority must ensure that each person who works for the public authority in a customer-facing role speaks fluent English.

(2) In 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.

(3) A 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.

(4) In 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.

(5) For the purposes of this Part a person works for a public authority if the person works—

(a) under a contract of employment with the public authority,

(b) under a contract of apprenticeship with the public authority,

(d) in 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,

(e) in 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,

(f) for the public authority as a constable, or

(g) for the public authority in the course of Crown employment.

(6) In subsection (5) “Crown employment”—

(a) in relation to England and Wales and Scotland, has the meaning given by section 191(3) of the Employment Rights Act 1996,

(b) 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)), and

(c) includes 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.

(7) References 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.

(8) For 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.

(9) This 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.

(10) This 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”

78

(1) Subject as follows, in this Part “public authority” means a person with functions of a public nature.

(2) A 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.

(3) A 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.

(4) In subsection (3) “Scotland” and “reserved matter” have the same meanings as in the Scotland Act 1998.

(5) A 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.

(6) A 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.

(7) In subsection (6) “Northern Ireland” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

(8) The following are not public authorities for the purposes of this Part—

(a) the Security Service;

(b) the Secret Intelligence Service;

(9) The 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 authority

79

(1) The 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.

(2) In subsection (1) “contractor”, in relation to a public authority, means a person who—

(a) provides a service to members of the public as a result of an arrangement made with a public authority (whether or not by that person), but

(b) is not a public authority.

(3) For the purposes of subsection (1) a person works for a contractor if the person works—

(a) under a contract of employment with the contractor,

(b) under a contract of apprenticeship with the contractor,

(d) in 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, or

(e) in 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 practice

80

(1) The relevant Minister must issue a code or codes of practice for the purposes of section 77.

(2) A code of practice must include provision about the following matters—

(a) the 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;

(b) the action available to such a public authority where such a person does not meet that standard;

(c) the 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;

(d) how the public authority is to comply with its other legal obligations as well as complying with the duty in section 77(1).

(3) A 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.

(4) A code of practice may make provision in relation to—

(a) all public authorities,

(b) particular descriptions of public authority, or

(5) But the relevant Minister must ensure that there is at all times a code of practice in force which applies to each public authority.

(6) A 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 practice

81

(1) In preparing a code of practice the relevant Minister must consult such persons as the relevant Minister thinks appropriate.

(2) Before issuing a code of practice the relevant Minister must lay a draft of the code before Parliament.

(3) A code of practice comes into force in accordance with provision made by regulations made by the relevant Minister.

(4) After a code of practice has come into force the relevant Minister must publish it in such manner as the relevant Minister thinks appropriate.

(5) The relevant Minister may from time to time review a code of practice and may revise and re-issue it following a review.

(6) References in subsections (1) to (4) to a code of practice include a revised code.

Application of Part to Wales

82

(1) Subsection (2) makes provision about the application of this Part in relation to—

(a) a public authority that exercises functions only in Wales, and

(b) a public authority that exercises functions outside Wales and in Wales, to the extent that it exercises functions in Wales.

(2) In the provisions of this Part listed in subsection (3) references to English are to be read as references to English or Welsh.

(3) Those provisions are—

(a) section 77(1), (7) and (8), and

(b) section 80(2)(a) and (3).

Interpretation of Part

83

In 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 application

84

This Part binds the Crown.

PART 8 — Fees and charges

Immigration

Immigration skills charge

85

(1) The Immigration Act 2014 is amended as follows.

(2) After section 70 insert—

(70A) (1) The Secretary of State may by regulations provide for a charge to be imposed on— (a) persons who make immigration skills arrangements, or (b) any 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. (3) Regulations under this section may in particular— (a) impose a separate charge on a sponsor in respect of each individual in relation to whom the sponsor makes immigration skills arrangements; (b) specify the amount of any charge (and different amounts may be specified for different purposes); (c) make provision about when or how a charge may or must be paid to the Secretary of State; (d) make provision about the consequences of a sponsor failing to pay a charge; (e) provide for exemptions from a charge; (f) provide for the reduction, waiver or refund of part or all of a charge (whether by conferring a discretion or otherwise). (4) Sums paid by virtue of regulations under this section must— (a) be paid into the Consolidated Fund, or (b) be applied in such other way as the regulations may specify. (5) Regulations under this section may be made only with the consent of the Treasury. (6) An individual is exempt for the purposes of this section if he or she is— (a) a British citizen; (b) a national of an EEA State other than the United Kingdom; (c) a national of Switzerland; (d) otherwise 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. (7) In this section “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971.

(3) In section 74(2) (orders and regulations which are subject to affirmative resolution procedure) after paragraph (j) insert—

(ja) regulations under section 70A;

Passports and civil registration

Power to make passport fees regulations

86

(1) The 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.

(2) Regulations under subsection (1) are referred to in this section and section 87 as “passport fees regulations”.

(3) Passport 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—

(a) a specified fixed amount, or

(b) an amount calculated by reference to a specified hourly rate or other specified factor.

(4) Provision 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.

(5) In 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—

(a) the function;

(b) any other function of the Secretary of State in connection with United Kingdom passports or other UK travel documents;

This is subject to section 87(5).

(6) In respect of any fee provided for under this section, passport fees regulations may—

(a) provide for exceptions;

(b) provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);

(i) the consequences of failure to pay a fee;

(ii) enforcement;

(iii) when a fee may or must be paid.

(7) In 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).

(8) Any reference in this section to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise—

(a) at particular times or in a particular place;

(b) under particular arrangements;

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: supplemental

87

(1) Passport fees regulations may be made only with the consent of the Treasury.

(2) A fee under section 86 may relate to something done outside the United Kingdom.

(3) Fees payable by virtue of section 86 may be recovered as a debt due to the Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 86 must be—

(a) paid into the Consolidated Fund, or

(b) applied in such other way as passport fees regulations may specify.

(5) Section 86 is without prejudice to—

(a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc),

(b) section 102 of the Finance (No 2) Act 1987 (government fees and charges), or

Power to charge for passport validation services

88

(1) The 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.

(3) In this section “United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33 of that Act).

(4) A fee payable under this section may be recovered as a debt due to the Secretary of State.

(5) Fees paid to the Secretary of State under this section must be—

(a) paid into the Consolidated Fund, or

(b) applied in such other way as the Secretary of State may by regulations specify.

(6) Regulations under subsection (5) may be made only with the consent of the Treasury.

(7) This section is without prejudice to—

(a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc),

(b) section 102 of the Finance (No 2) Act 1987 (government fees and charges), or

Civil registration fees

89

(1) Schedule 15 (civil registration fees) has effect.

(2) In that Schedule—

(a) Part 1 amends enactments about civil registration in connection with powers to make regulations for the charging of fees, and

(b) Part 2 makes consequential and related amendments.

PART 9 — Miscellaneous and general

Welfare of children

Duty regarding the welfare of children

90

For 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).

Final provisions

Financial provisions

91

The following are to be paid out of money provided by Parliament—

(a) any 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, and

(b) any increase attributable to the Act in the sums payable under any other Act out of money so provided.

Transitional and consequential provision

92

(1) The 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.

(2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.

(3) The provision that may be made by regulations under subsection (2) includes provision amending, repealing or revoking any enactment.

(4) “Enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(5) In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—

(a) omit the “and” at the end of paragraph (i), and

(b) at the end of paragraph (j) insert

, and (k) the Immigration Act 2016.

Regulations

93

(1) Regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act are to be made by statutory instrument.

(2) A 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—

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

(b) regulations under section 6,

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

(e) regulations under section 36(2),

(f) regulations under section 42(1) or (2),

(fa) regulations under section 69(6) or (10),

(fb) regulations under section 70(2)(b),

(g) regulations under section 73(1) or (2),

(h) regulations under section 78(9),

(i) regulations under section 79(1),

(j) passport fees regulations within the meaning of section 86 which include provision specifying functions as mentioned in subsection (1) of that section,

(k) regulations under section 92(2) which amend or repeal primary legislation,

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

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

(3) Primary legislation means any of the following—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(d) Northern Ireland legislation.

(4) A statutory instrument—

(a) containing any other regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act, and

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

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

(5) Subsection (4) does not apply to regulations under section 92(1) or 94(1).

(6) Regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act—

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

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

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

Commencement

94

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

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

(3) Subsections (3) to (5) of section 61 come into force on the day on which this Act is passed.

(4) Section 85 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

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

Extent

95

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

(6) A power under any provision listed in subsection (7) may be exercised so as to 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.

(7) Those provisions are—

(a) section 36 of the Immigration Act 1971,

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

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

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

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

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

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

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

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

Short title

96

This Act may be cited as the Immigration Act 2016.

SCHEDULE 1

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

Law enforcement and border security

Local government

Health bodies

Other

SCHEDULE 2

Employment Agencies Act 1973 (c. 35)

1

The Employment Agencies Act 1973 is amended as follows.

2

Before section 9 insert—

(8A) (1) The Secretary of State may— (a) appoint officers to act for the purposes of this Act, and (b) instead of or in addition to appointing any officers under this section, arrange with any relevant authority for officers of that authority to act for those purposes. (2) The following are relevant authorities— (a) any Minister of the Crown or government department; (b) any body performing functions on behalf of the Crown; (c) the Gangmasters and Labour Abuse Authority.

3

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

(2) Before subsection (1) insert—

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

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

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

National Minimum Wage Act 1998 (c. 39)

4

The National Minimum Wage Act 1998 is amended as follows.

5

In section 13 (appointment of officers for enforcement)—

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

(b) after subsection (1) insert—

(1A) The following are relevant authorities— (a) any Minister of the Crown or government department; (b) any body performing functions on behalf of the Crown; (c) the Gangmasters and Labour Abuse Authority.

6

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

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

7

In section 15 (information obtained by officers)—

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

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

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

Modern Slavery Act 2015 (c.30)

8

The Modern Slavery Act 2015 is amended as follows.

9

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

(11A) (1) The 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. (2) For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

10

(1) Section 15 (slavery and trafficking prevention orders on application) is amended as follows.

(2) In subsection (1)—

(a) omit the “or” after paragraph (b);

(b) after paragraph (c) insert

, or (d) the Gangmasters and Labour Abuse Authority.

(3) In subsection (7)—

(a) for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

(4) In subsection (8)(b)—

(a) for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

11

In section 19(7) (requirement to provide name and address)—

(a) for “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the officer” substitute “ , the officer or the Authority ”.

12

(1) Section 20 (variation, renewal and discharge) is amended as follows.

(2) In subsection (2), after paragraph (f) insert—

(g) where the order was made on an application under section 15 by the Gangmasters and Labour Abuse Authority, the Authority.

(3) In subsection (9)—

(a) for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the Director General”, in the second and third places it occurs, substitute “ , the Director General or the Authority ”.

13

(1) Section 23 (slavery and trafficking risk orders) is amended as follows.

(2) In subsection (1)—

(a) omit the “or” after paragraph (b);

(b) after paragraph (c) insert

, or (d) the Gangmasters and Labour Abuse Authority.

(3) In subsection (6)—

(a) for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

(4) In subsection (7)(b)—

(a) for “or the Director General” substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or Director General” substitute “ , the Director General or the Authority ”.

14

In section 26(7) (requirement to provide name and address)—

(a) for “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the officer” substitute “ , the officer or the Authority ”.

15

(1) Section 27 (variation, renewal and discharge) is amended as follows.

(2) In subsection (2), after paragraph (f) insert—

(g) where the order was made on an application by the Gangmasters and Labour Abuse Authority, the Authority.

(3) In subsection (7)—

(a) for “or the Director General” in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b) for “or the Director General” in the second and third places it occurs, substitute “ , the Director General or the Authority ”.

16

After section 30 (offences) insert—

(30A) (1) The 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. (2) For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

17

In 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 3

Public Records Act 1958 (c. 51)

1

In 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 ”.

Parliamentary Commissioner Act 1967 (c. 13)

2

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments etc subject to investigation)—

(a) at the appropriate place insert “ Director of Labour Market Enforcement ”;

(b) for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

Superannuation Act 1972 (c. 11)

3

In the Superannuation Act 1972, in Schedule 1 (kinds of employment to which that Act applies)—

(a) under the heading “Other bodies”, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b) under the heading “Offices”, at the appropriate place insert “ Director of Labour Market Enforcement ”.

Employment Agencies Act 1973 (c. 35)

4

(1) Section 9 of the Employment Agencies Act 1973 (inspection) is amended as follows.

(2) In subsection (4)—

(a) in paragraph (a), for the words before sub-paragraph (i) substitute “ No information to which this subsection applies shall be disclosed except— ”;

(b) at the end of paragraph (a) insert

; or (vii) 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); or (viii) to 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; or (ix) to the Pensions Regulator for the purposes of the exercise of any function of the Regulator; or (x) to the Care Quality Commission for the purposes of the exercise of any function of the Commission.

(3) After subsection (4) insert—

(5) Subsection (4) applies to— (a) information obtained in the course of exercising the powers conferred by this section, (b) information obtained pursuant to section 15(5A) of the National Minimum Wage Act 1998, and (c) information 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).

House of Commons Disqualification Act 1975 (c. 24)

5

In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a) in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b) in Part 3 (other disqualifying offices), at the appropriate place insert “ Director of Labour Market Enforcement ”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

6

In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a) in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b) in Part 3 (other disqualifying offices), at the appropriate place insert “ Director of Labour Market Enforcement ”.

National Minimum Wage Act 1998 (c. 39)

7

(1) Section 15 of the National Minimum Wage Act 1998 (information obtained by officers) is amended as follows.

(2) In subsection (1)—

(a) after “to” insert

— (a)

;

(b) at the end insert

, and (b) any 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).

(3) After subsection (5B) insert—

(5C) Information to which this section applies— (a) may 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); and (b) may be used by an officer so acting for any purpose for which the officer is so acting.

Regulation of Investigatory Powers Act 2000 (c. 23)

8

In 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 ”.

Freedom of Information Act 2000 (c. 36)

9

In the Freedom of Information Act 2000, in Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general)—

(a) at the appropriate place insert “ Director of Labour Market Enforcement ”;

(b) for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

Police Reform Act 2002 (c. 30)

10

The Police Reform Act 2002 is amended as follows.

11

In section 10 (general functions of the Independent Police Complaints Commission)—

(a) in subsection (1), after paragraph (g) insert—

(ga) to 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)).

;

(b) in subsection (3), after paragraph (bc) insert—

(bd) any regulations under section 26D of this Act (labour abuse prevention officers);

12

After section 26C insert—

(26D) (1) The 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)). (2) Regulations under this section may, in particular— (a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part; (b) make provision for payment by the Authority to, or in respect of, the Commission. (3) The Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which— (a) the Commission has functions by virtue of this section, and (b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967. (4) An 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. (5) The Commission and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function— (a) by virtue of this section, or (b) under the Parliamentary Commissioner Act 1967. (6) Regulations under this section may, in particular, make— (a) further provision about the disclosure of information under subsection (4) or (5); (b) provision about the further disclosure of information that has been so disclosed. (7) In this section “Authority complaints function” means a function in relation to the exercise of functions by officers of the Authority.

Gangmasters (Licensing) Act 2004 (c. 11)

13

The Gangmasters (Licensing) Act 2004 is amended as follows.

14

In the italic heading before section 1, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

15

In section 1 (Gangmasters Licensing Authority)—

(a) in the heading, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”;

(b) for subsection (1) substitute—

(1) The 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”).

;

(3A) When 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.

16

In section 2 (directions etc by the Secretary of State), in subsection (2) after “the Authority” insert “ and the Director of Labour Market Enforcement ”.

17

In section 3 (work to which Act applies)—

(a) in 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 ”;

(b) after subsection (5) insert—

(6) The Secretary of State must consult the Authority and the Director of Labour Market Enforcement before making regulations under subsection (5).

18

In section 8 (general power of Authority to make rules)—

(a) in subsection (1), after “may” insert “ with the approval of the Secretary of State ”;

(b) omit subsection (3).

19

In section 14 (offences: supplementary provisions) after subsection (2) insert—

(2A) Subsections (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).

20

In section 15 (enforcement and compliance officers) after subsection (6) insert—

(6A) Subsections (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).

21

In section 16 (powers of officers) before subsection (1) insert—

(A1) This 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).

22

In section 17 (entry by warrant) before subsection (1) insert—

(A1) This 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).

23

(1) Section 19 (information relating to gangmasters) is amended as follows.

(2) In subsection (1)—

(a) for the words before paragraph (a) substitute “ Information to which this subsection applies— ”;

(b) for paragraph (a) substitute—

(a) may be supplied to any person for use for the purposes of, or for any purpose connected with, the exercise of functions under this Act, (aa) may 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

(3) After subsection (1) insert—

(1A) Subsection (1) applies to— (a) information held by any person for the purposes of, or for any purpose connected with, the exercise of functions under this Act, and (b) information 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). (1B) In 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).

(4) In subsection (2)—

(a) omit “relating to the operations of a person acting as a gangmaster”;

(b) for “(1)(b)” substitute “ (1)(aa) or (b) ”.

24

(1) Schedule 2 (application of Act to Northern Ireland) is amended as follows.

(2) In the italic heading before paragraph 3, for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

(3) In paragraph 6—

(a) after “work in Northern Ireland,” insert

— (a)

;

(b) at the end insert

, and (b) the requirement under subsection (2) of that section to consult the Director of Labour Market Enforcement is to be ignored.

(4) In paragraph 7, for paragraph (b) substitute—

(b) paragraph (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— (i) the gathering (by any manner) of wild creatures, or wild plants, of a prescribed description and the processing and packaging of anything so gathered, and (ii) the harvesting of fish from a fish farm (within the meaning of the Fisheries Act (NI) 1966 (c 17 (NI)).

(5) In paragraph 10, for sub-paragraph (2) substitute—

(2) Section 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. (3) The Authority must consult the relevant Northern Ireland department before making any Northern Ireland rules about fees.

(6) After paragraph 16 insert—

(16A) (1) Section 19 as it applies in relation to Northern Ireland functions is to be read as if— (a) paragraph (aa) of subsection (1) (and the reference to it in subsection (2)) were omitted, (b) subsections (1A)(b) and (1B) were omitted, and (c) in subsection (2), after “Information” there were inserted the words “ relating to the operations of a person acting as a gangmaster ”. (2) In 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. (16B) Section 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.

Pensions Act 2004 (c. 35)

25

In 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.

Natural Environment and Rural Communities Act 2006 (c. 16)

26

In 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 ”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

27

In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 5 (designated regulators), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

Modern Slavery Act 2015 (c. 30)

28

The Modern Slavery Act 2015 is amended as follows.

29

In 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 ”.

30

At the beginning of Part 7, after the italic heading “Miscellaneous” insert—

(54A) (1) A 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. (2) Information 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. (3) The 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. (4) A disclosure of information which is authorised by this section does not breach— (a) an obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (5) But nothing in this section authorises the making of a disclosure which— (a) contravenes the Data Protection Act 1998, or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000. (6) This 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). (8) The Secretary of State may by regulations amend Schedule 4A. (9) In 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).

31

Omit section 55 (review of Gangmasters Licensing Authority).

32

In section 58 (regulations), in subsection (4), after paragraph (j) insert—

(ja) regulations under section 54A(8) (power to amend Schedule 4A);

33

In section 60 (extent)—

(a) in subsection (1), after “section 53)” insert “ and section 54A, and Schedule 4A, in Part 7 ”;

(b) in subsection (3), after “and 7” insert “ (except for section 54A and Schedule 4A) ”.

34

In 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 ”.

35

After Schedule 4 insert—

SCHEDULE 4A - The Secretary of State. - 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. - A chief officer of police for a police area in England and Wales. - The chief constable of the British Transport Police Force. - An immigration officer. - A county council in England or Wales. - A county borough council in Wales. - A district council in England. - A London borough council. - The Greater London Authority. - The Common Council of the City of London. - The Council of the Isles of Scilly. - A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006. - An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006. - A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006. - The Independent Anti-slavery Commissioner.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)

36

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.