Immigration Act 2016

In 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 4

PART 1 — Entitlement to work in the United Kingdom

1

After section 192 of the Licensing Act 2003 insert—

(192A) (1) For the purposes of this Act an individual is entitled to work in the United Kingdom if— (a) the individual does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or (b) the individual has been granted such leave and the leave— (i) is not invalid, (ii) has not ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), and (iii) is 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). (2) Where an individual is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016— (a) the individual is to be treated for the purposes of subsection (1) as if the individual had been granted leave to enter the United Kingdom, but (b) any 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 licences

2

Part 3 of the Licensing Act 2003 (premises licences) is amended as follows.

3

In section 13(4) (meaning of “responsible authority”), after paragraph (h) insert—

(ha) where 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,

.

4

• (1) Section 16 (applicant for premises licence) is amended as follows.

• (2) In subsection (1), at the beginning insert “ Subject to subsections (2) and (2A), ”.

• (3) In subsection (2), omit “But”.

• (4) After subsection (2) insert—

(2A) An 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.

5

In section 27 (death, incapacity, insolvency etc of licence holder), after subsection (1) insert—

(1A) A 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).

6

• (1) Section 42 (application for transfer of premises licence) is amended as follows.

• (2) After subsection (2) insert—

(2A) Where 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.

• (3) After subsection (5) insert—

(5ZA) Where 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.

• (4) In subsection (5A), for “subsection (5)” substitute “ subsections (5) and (5ZA) ”.

• (5) After subsection (7) insert—

(8) Where 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. (9) The 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).

7

• (1) Section 44(5) (determination of transfer application) is amended as follows.

• (2) In the words before paragraph (a), after “section 42(6)” insert “ or (8) ”.

• (3) In paragraph (a), for “chief officer of police” substitute “ person ”.

• (4) For paragraph (b) substitute—

(b) having regard to the notice— (i) where 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, or (ii) where 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.

8

• (1) Section 45 (notification of determination under section 44) is amended as follows.

• (2) In subsection (2)—

• (a) after “that section” insert “ or the Secretary of State gave a notice under subsection (8) of that section ”;

• (b) for “(and it” substitute “ (which, in either case, ”.

• (3) After subsection (2) insert—

(2A) Where 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.

9

• (1) Section 47 (interim authority notice following death etc of licence holder) is amended as follows.

• (2) In subsection (1)—

• (a) after “or (c)” insert “ or (1A) ”;

• (b) after “holder” insert “ or change of immigration status ”.

• (3) In subsection (3), after “subject to” insert “ subsection (3A) and ”.

• (4) After subsection (3) insert—

(3A) Where 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.

• (5) In subsection (7), after paragraph (a) insert—

(aa) where 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;

.

• (6) In subsection (7A)—

• (a) in paragraph (a), for “subsection (7)(a) does” substitute “ paragraphs (a) and (aa) of subsection (7) do ”;

• (b) in 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. ”

10

• (1) Section 48 (cancellation of interim authority notice following police objections) is amended as follows.

• (2) In the heading, omit “police”.

• (3) In subsection (1), for “This section” substitute “ Subsection (2) ”.

• (4) After subsection (2) insert—

(2A) Subsection (2B) applies where— (a) an interim authority notice by a person (“the relevant person”) is given in accordance with section 47, (b) the 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), and (c) the 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. (2B) The 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.

• (5) In subsection (3)—

• (a) in the words before paragraph (a), for “by the chief officer of police” substitute “ under subsection (2) or (2B) ”;

• (b) in paragraph (a), for “chief officer of police” substitute “ person who gave the notice ”;

• (c) for paragraph (b) substitute—

(b) having regard to the notice— (i) where 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, or (ii) where 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.

• (6) After subsection (5) insert—

(5A) Where 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.

11

In 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 licences

12

Part 6 of the Licensing Act 2003 (personal licences) is amended as follows.

13

• (1) Section 113 (meaning of “relevant offence” and “foreign offence”) is amended as follows.

• (2) In the heading, for “and “foreign offence”” substitute “, “immigration offence”, “foreign offence” and “immigration penalty””.

• (3) After subsection (2) insert—

(2A) In this Part “immigration offence” means— (a) an offence referred to in paragraph 7A of Schedule 4, or (b) an 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.

• (4) At the end insert—

(4) In this Part “immigration penalty” means a penalty under— (a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or (b) section 23 of the Immigration Act 2014 (“the 2014 Act”). (5) For 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— (a) the person is excused payment by virtue of section 15(3) of that Act, or (b) the penalty is cancelled by virtue of section 16 or 17 of that Act. (6) For 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— (a) the 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, and (b) if 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. (7) For 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— (a) the person is excused payment by virtue of section 24 of that Act, or (b) the penalty is cancelled by virtue of section 29 or 30 of that Act. (8) For 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— (a) the 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, and (b) if 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.

14

• (1) Section 115 (period of validity of personal licence) is amended as follows.

• (2) In subsection (2), after “subsections” insert “ (2A), ”.

• (3) After subsection (2) insert—

(2A) A personal licence ceases to have effect if the holder of the licence ceases to be entitled to work in the United Kingdom.

15

• (1) Section 120 (determination of application for grant) is amended as follows.

• (2) In subsection (2)—

• (a) after paragraph (a) insert—

(aa) he is entitled to work in the United Kingdom,

;

• (b) in paragraph (d), at the end insert “ or required to pay an immigration penalty ”.

• (3) In subsection (3), for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”.

• (4) In subsection (4), for “(a), (b) and (c)” substitute “ (a) to (c) ”.

• (5) In subsection (5)—

• (a) omit the “and” at the end of paragraph (a);

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

and (c) the applicant having been required to pay any immigration penalty,

.

• (6) After subsection (5) insert—

(5A) If 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— (a) convicted of an immigration offence, (b) convicted of a foreign offence that the authority considers to be comparable to an immigration offence, or (c) required to pay an immigration penalty, the authority must give the Secretary of State a notice to that effect. (5B) Where, having regard to— (a) any conviction of the applicant for an immigration offence, (b) any conviction of the applicant for a foreign offence which the Secretary of State considers to be comparable to an immigration offence, and (c) the 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”).

• (7) In 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, ”.

• (8) In subsection (7)—

• (a) in 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, ”;

• (b) in paragraph (a)—

• (i) omit “objection”;

• (ii) for “chief officer of police” substitute “ person who gave the notice ”;

• (c) for paragraph (b) substitute—

(b) having regard to the notice, must— (i) where 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, or (ii) where 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.

• (9) After subsection (7) insert—

(7A) An application that is not rejected by the authority under subsection (7)(b) must be granted by it.

16

• (1) Section 122 (notification of determinations) is amended as follows.

• (2) In subsection (1)—

• (a) after “objection notice” insert “ or the Secretary of State gave an immigration objection notice ”;

• (b) after “(which” insert “ , in either case, ”.

• (3) After subsection (2) insert—

(2A) Where 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.

• (4) In subsection (3), in the definition of “objection notice”, for “has” substitute “ and “immigration objection notice” have ”.

17

• (1) Section 123 (duty to notify licensing authority of convictions during application period) is amended as follows.

• (2) In the heading, after “convictions” insert “ etc ”.

• (3) In subsection (1)—

• (a) after “application period” insert “ , or is required to pay an immigration penalty during that period ”;

• (b) after “conviction” insert “ or the requirement to pay (as the case may be) ”.

18

• (1) Section 124 (convictions coming to light after grant) is amended as follows.

• (2) In subsection (1)—

• (a) for “(“the offender”)” substitute “ (“the licence holder”) ”;

• (b) at the end insert “ or was required during that period to pay an immigration penalty ”.

• (3) In subsection (3)—

• (a) in paragraph (a)—

• (i) for “applicant” substitute “ licence holder ”;

• (ii) for “, and” substitute “ which occurred before the end of the application period, ”;

• (b) in paragraph (b), after “relevant offence” insert “ and which occurred before the end of the application period ”;

• (c) at the end of paragraph (b) insert

and (c) the licence holder having been required before the end of the application period to pay any immigration penalty,

;

• (d) in the words after paragraph (b), omit “which occurred before the end of the application period,”.

• (4) After subsection (3) insert—

(3A) Where the licence holder was (during the application period)— (a) convicted of an immigration offence, (b) convicted of a foreign offence that the licensing authority considers to be comparable to an immigration offence, or (c) required to pay an immigration penalty, the authority must give the Secretary of State a notice to that effect. (3B) Where, having regard to— (a) any conviction of the licence holder for an immigration offence which occurred before the end of the application period, (b) any 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, and (c) the 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”).

• (5) In subsection (4)—

• (a) in 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, ”;

• (b) in paragraph (a)—

• (i) omit “objection”;

• (ii) for “holder of the licence, the chief officer of police” substitute “ licence holder, the person who gave the notice ”;

• (c) in paragraph (b), for the words from “revoke” to the end of the paragraph substitute

— (i) where 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, or (ii) where 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.

• (6) After subsection (5) insert—

(5A) Where 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.

19

• (1) Section 125(3) (form of personal licence) is amended as follows.

• (2) For “of each” substitute

of— (a) each

.

• (3) At the end insert—

(b) each immigration penalty that the holder has been required to pay and the date of each notice by which such a penalty was imposed.

20

• (1) Section 132 (licence holder's duty to notify licensing authority of convictions) is amended as follows.

• (2) In the heading, after “convictions” insert “ etc ”.

• (3) After subsection (2) insert—

(2A) Subsection (2B) applies where the holder of a personal licence is required to pay an immigration penalty. (2B) The 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.

• (4) In subsection (3), after “(2)” insert “ or (2B) ”.

21

In Schedule 4 (personal licence: relevant offences), after paragraph 7 insert—

(7A) An offence under any of the Immigration Acts.

PART 4 — Rights of entry

22

• (1) Section 179 of the Licensing Act 2003 (rights of entry to investigate licensable activities) is amended as follows.

• (2) After subsection (1) insert—

(1A) Where 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.

• (3) In subsection (2)—

• (a) after “authorised person” insert “ or an immigration officer ”;

• (b) for “the power”, in the first place it occurs, substitute “ a power ”.

• (4) In subsection (3), for “the power” substitute “ a power ”.

• (5) In subsection (4), after “authorised person” insert “ or an immigration officer ”.

• (6) In subsection (6)—

• (a) omit “and” at the end of the definition of “authorisation”;

• (b) at 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 — Appeals

23

Schedule 5 to the Licensing Act 2003 (appeals) is amended as follows.

24

• (1) Paragraph 6 (transfer of licence) is amended as follows.

• (2) In sub-paragraph (1)—

• (a) after “42(6)” insert “ or the Secretary of State gave a notice under section 42(8) ”;

• (b) after “(which” insert “ , in either case, ”.

• (3) In sub-paragraph (2), after “police” insert “ or the Secretary of State, as the case may be, ”.

25

• (1) Paragraph 7 (interim authority notice) is amended as follows.

• (2) In sub-paragraph (1)(b)—

• (a) after “48(2)” insert “ or the Secretary of State gives a notice under section 48(2B) ”;

• (b) after “(which” insert “ , in either case, ”.

• (3) In 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), ”.

• (4) After sub-paragraph (3) insert—

(3A) Where 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.

26

In paragraph 9 (general provision about appeals under Part 1 of Schedule 5), in sub-paragraph (4), after “paragraph 7(3)” insert “ or (3A) ”.

27

• (1) Paragraph 17 (personal licences) is amended as follows.

• (2) In sub-paragraph (2)—

• (a) for “section 120(7)” substitute “ 120(7A) after the giving of a notice under section 120(5) ”;

• (b) for “objection notice (within the meaning of section 120(5))” substitute “ notice ”.

• (3) After sub-paragraph (2) insert—

(2A) Where 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.

• (4) After sub-paragraph (5) insert—

(5A) Where in a case to which section 124 applies— (a) the Secretary of State gives a notice under subsection (3B) of that section (and does not later withdraw it), and (b) the licensing authority decides not to revoke the licence, the Secretary of State may appeal against the decision.

• (5) In sub-paragraph (8), for “(2), (3) or (5)” substitute “ (2), (2A), (5) or (5A) ”.

28

At the end insert—

(19) On an appeal under this Schedule, a magistrates' court is not entitled to entertain any question as to whether— (a) an individual should be, or should have been, granted leave to enter or remain in the United Kingdom, or (b) an individual has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

PART 6 — General

29

In 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”.

30

• (1) Section 193 of the Licensing Act 2003 (other definitions) is amended as follows.

• (2) The existing text becomes subsection (1).

• (3) After that subsection insert—

(2) For 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.

31

In 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
---	---

32

In the Police Reform and Social Responsibility Act 2011, omit sections 109(9) and (10) and 111(3) and (5).

PART 7 — Transitional provision

33

The 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.

34

The 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.

35

The 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.

36

The 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—

• (a) personal licences granted before, on or after the coming into force of that paragraph, and

• (b) offences committed before, on or after the coming into force of that paragraph.

SCHEDULE 5

London Hackney Carriages Act 1843 (c. 86)

1

• (1) Section 18 of the London Hackney Carriages Act 1843 (licences and badges to be delivered up on the discontinuance of licences) is amended as follows.

• (2) At the beginning insert “ (1) ”.

• (3) At the end of subsection (1) insert—

(2) Subsection (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).

Metropolitan Public Carriage Act 1869 (c. 115)

2

The Metropolitan Public Carriage Act 1869 is amended as follows.

3

In 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 ”.

4

After section 8 insert—

(8A) (1) Subsection (2) applies if— (a) a 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”), (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and (c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period. (2) Transport for London must grant the licence for a period which ends at or before the end of the leave period. (3) Subsection (4) applies if— (a) a 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, and (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision). (4) Transport for London must grant the licence for a period that does not exceed six months. (5) A 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. (6) If 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— (a) the licence, (b) the person's copy of the licence (if any), and (c) the person's driver's badge. (7) If 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— (a) the licence, (b) the person's copy of the licence (if any), and (c) the person's driver's badge. (8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (9) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b). (10) Regulations under subsection (9) may make transitional, transitory or saving provision. (11) A 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. (12) For 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— (a) the person has not been granted leave to enter or remain in the United Kingdom, or (b) the person's leave to enter or remain in the United Kingdom— (i) is invalid, (ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or (iii) is subject to a condition preventing the person from driving a hackney carriage. (13) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016— (a) the person is to be treated for the purposes of this section as if the person had been granted leave to enter the United Kingdom, but (b) any 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. (14) For 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.

Plymouth City Council Act 1975 (c. xx)

5

The Plymouth City Council Act 1975 is amended as follows.

6

After section 2 insert—

(2A) (1) For 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— (a) the person has not been granted leave to enter or remain in the United Kingdom, or (b) the person's leave to enter or remain in the United Kingdom— (i) is invalid, (ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or (iii) is subject to a condition preventing the person from carrying on the licensable activity. (2) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016— (a) the person is to be treated for the purposes of this Act as if the person had been granted leave to enter the United Kingdom, but (b) any 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. (3) For 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. (4) For the purposes of this section a person carries on a licensable activity if the person— (a) drives a private hire vehicle, (b) operates a private hire vehicle, or (c) drives a hackney carriage. (2B) (1) In this Act “immigration offence” means— (a) an offence under any of the Immigration Acts, (b) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a), or (c) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a). (2) In this Act “immigration penalty” means a penalty under— (a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or (b) section 23 of the Immigration Act 2014 (“the 2014 Act”). (3) For 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— (a) the person is excused payment by virtue of section 15(3) of that Act, or (b) the penalty is cancelled by virtue of section 16 or 17 of that Act. (4) For 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— (a) the 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, and (b) if 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. (5) For 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— (a) the person is excused payment by virtue of section 24 of that Act, or (b) the penalty is cancelled by virtue of section 29 or 30 of that Act. (6) For 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— (a) the 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, and (b) if 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.

7

• (1) Section 9 (licensing of drivers of private hire vehicles) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a) after “satisfied” insert “ —(i) ”, and

• (b) for the “or” at the end of paragraph (a) substitute

and (ii) that the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; or

.

• (3) After subsection (1) insert—

(1A) In 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.

8

In section 11(1) (drivers' licences for hackney carriages and private hire vehicles)—

• (a) in paragraph (a) for “Every” substitute “ Subject to section 11A, every ”, and

• (b) in paragraph (b) after “1889,” insert “ but subject to section 11A, ”.

9

After section 11 insert—

(11A) (1) Subsection (2) applies if— (a) a 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”), (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and (c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period. (2) The 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. (3) Subsection (4) applies if— (a) a 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, and (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision). (4) The 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. (5) A 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. (6) A 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. (7) If 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. (8) If 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. (9) A person who, without reasonable excuse, contravenes subsection (7) or (8) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (10) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (9)(b). (11) Regulations under subsection (10) may make transitional, transitory or saving provision. (12) A 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.

10

• (1) Section 13 (licensing of operators of private hire vehicles) is amended as follows.

• (2) In subsection (1)—

• (a) after “satisfied” insert “ —(a) ”, and

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

; and (b) if 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.

• (3) After subsection (1) insert—

(1A) In 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.

• (4) In subsection (2) for “Every” substitute “ Subject to section 13A, every ”.

11

After section 13 insert—

(13A) (1) Subsection (2) applies if— (a) a 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”), (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and (c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period. (2) The 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. (3) Subsection (4) applies if— (a) a 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, and (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision). (4) The 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. (5) A 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. (6) If 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. (7) If 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. (8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (9) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b). (10) Regulations under subsection (9) may make transitional, transitory or saving provision. (11) A 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.

12

• (1) Section 17 (qualification for drivers of hackney carriages) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a) after “satisfied” insert “ —(i) ”, and

• (b) for the “or” at the end of paragraph (a) substitute

and (ii) that the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or

.

• (3) After subsection (1) insert—

(1A) In 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.

13

• (1) Section 19 (suspension and revocation of drivers' licences) is amended as follows.

• (2) In subsection (1) before the “or” at the end of paragraph (a) insert—

(aa) that he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;

.

• (3) After subsection (1) insert—

(1A) Subsection (1)(aa) does not apply if— (a) in 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, or (b) in a case where the driver has been required to pay an immigration penalty— (i) more than three years have elapsed since the date on which the penalty was imposed, and (ii) the amount of the penalty has been paid in full.

• (4) After subsection (2) insert—

(2A) The 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).

14

• (1) Section 20 (suspension and revocation of operators' licences) is amended as follows.

• (2) In subsection (1) before the “or” at the end of paragraph (c) insert—

(ca) that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;

.

• (3) After subsection (1) insert—

(1A) Subsection (1)(ca) does not apply if— (a) in 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, or (b) in a case where the operator has been required to pay an immigration penalty— (i) more than three years have elapsed since the date on which the penalty was imposed, and (ii) the amount of the penalty has been paid in full.

15

After section 20 insert—

(20A) (1) Subsection (2) applies if— (a) under 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, or (b) under 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. (2) The person to whom the licence was granted must, within the period of 7 days beginning with the relevant day, return to the Council— (a) the licence, and (b) in the case of a licence of a driver of a hackney carriage or a private hire vehicle, the person's driver's badge. (3) In subsection (2) “the relevant day” means— (a) where the licence is suspended or revoked, the day on which the suspension or revocation takes effect; (b) where the Council refuse to renew the licence, the day on which the licence expires as a result of the failure to renew it. (4) A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (5) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (4)(b). (6) Regulations under subsection (5) may make transitional, transitory or saving provision. (7) A 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.

16

In section 37 (appeals) after subsection (2) insert—

(3) On 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— (a) a person should be, or should have been, granted leave to enter or remain in the United Kingdom, or (b) a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

17

The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.

18

• (1) Section 51 (licensing of drivers of private hire vehicles) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a) after “satisfied” insert “ —(i) ”, and

• (b) for the “or” at the end of paragraph (a) substitute

and (ii) that the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; or

.

• (3) After subsection (1) insert—

(1ZA) In 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.

19

In section 53(1) (drivers' licences for hackney carriages and private hire vehicles)—

• (a) in paragraph (a) for “Every” substitute “ Subject to section 53A, every ”, and

• (b) in paragraph (b) after “1889,” insert “ but subject to section 53A, ”.

20

After section 53 insert—

(53A) (1) Subsection (2) applies if— (a) a 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”); (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); and (c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period. (2) The 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. (3) Subsection (4) applies if— (a) a 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; and (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision). (4) The 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. (5) A 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. (6) A 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. (7) If 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. (8) If 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. (9) A person who, without reasonable excuse, contravenes subsection (7) or (8) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale; and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (10) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (9)(b). (11) Regulations under subsection (10) may make transitional, transitory or saving provision. (12) A 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.

21

• (1) Section 55 (licensing of operators of private hire vehicles) is amended as follows.

• (2) In subsection (1)—

• (a) after “satisfied” insert “ —(a) ”, and

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

; and (b) if 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.

• (3) After subsection (1) insert—

(1A) In 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.

• (4) In subsection (2) for “Every” substitute “ Subject to section 55ZA, every ”.

22

After section 55 insert—

(55ZA) (1) Subsection (2) applies if— (a) a 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”); (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); and (c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period. (2) The 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. (3) Subsection (4) applies if— (a) a 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; and (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision). (4) The 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. (5) A 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. (6) If 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. (7) If 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. (8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale; and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (9) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b). (10) Regulations under subsection (9) may make transitional, transitory or saving provision. (11) A 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.

23

• (1) Section 59 (qualification for drivers of hackney carriages) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a) after “satisfied” insert “ —(i) ”, and

• (b) for the “or” at the end of paragraph (a) substitute

and (ii) that the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or

.

• (3) After subsection (1) insert—

(1ZA) In 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.

24

• (1) Section 61 (suspension and revocation of drivers' licences) is amended as follows.

• (2) In subsection (1) before the “or” at the end of paragraph (a) insert—

(aa) that he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;

.

• (3) After subsection (1) insert—

(1A) Subsection (1)(aa) does not apply if— (a) in 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, or (b) in a case where the driver has been required to pay an immigration penalty— (i) more than three years have elapsed since the date on which the penalty was imposed, and (ii) the amount of the penalty has been paid in full.

• (4) After subsection (2) insert—

(2ZA) The 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).

25

• (1) Section 62 (suspension and revocation of operators' licences) is amended as follows.

• (2) In subsection (1) before the “or” at the end of paragraph (c) insert—

(ca) that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;

.

• (3) After subsection (1) insert—

(1A) Subsection (1)(ca) does not apply if— (a) in 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, or (b) in a case where the operator has been required to pay an immigration penalty— (i) more than three years have elapsed since the date on which the penalty was imposed, and (ii) the amount of the penalty has been paid in full.

26

After section 62 insert—

(62A) (1) Subsection (2) applies if— (a) under 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, or (b) under 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. (2) The person to whom the licence was granted must, within the period of 7 days beginning with the relevant day, return to the district council— (a) the licence, and (b) in the case of a licence of a driver of a hackney carriage or a private hire vehicle, the person's driver's badge. (3) In subsection (2) “the relevant day” means— (a) where the licence is suspended or revoked, the day on which the suspension or revocation takes effect; (b) where the district council refuse to renew the licence, the day on which the licence expires as a result of the failure to renew it. (4) A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (5) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (4)(b). (6) Regulations under subsection (5) may make transitional, transitory or saving provision. (7) A 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.

27

In section 77 (appeals) after subsection (3) insert—

(4) On 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— (a) a person should be, or should have been, granted leave to enter or remain in the United Kingdom; or (b) a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

28

After section 79 insert—

(79A) (1) For 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— (a) the person has not been granted leave to enter or remain in the United Kingdom; or (b) the person's leave to enter or remain in the United Kingdom— (i) is invalid; (ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise); or (iii) is subject to a condition preventing the person from carrying on the licensable activity. (2) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016— (a) the 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; but (b) any 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. (3) For 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. (4) For the purposes of this section a person carries on a licensable activity if the person— (a) drives a private hire vehicle; (b) operates a private hire vehicle; or (c) drives a hackney carriage. (79B) (1) In this Part of this Act “immigration offence” means— (a) an offence under any of the Immigration Acts; (b) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a); or (c) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a). (2) In this Part of this Act “immigration penalty” means a penalty under— (a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”); or (b) section 23 of the Immigration Act 2014 (“the 2014 Act”). (3) For 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— (a) the person is excused payment by virtue of section 15(3) of that Act; or (b) the penalty is cancelled by virtue of section 16 or 17 of that Act. (4) For 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— (a) the 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; and (b) if 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. (5) For 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— (a) the person is excused payment by virtue of section 24 of that Act; or (b) the penalty is cancelled by virtue of section 29 or 30 of that Act. (6) For 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— (a) the 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; and (b) if 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.

Civic Government (Scotland) Act 1982 (c. 45)

29

The Civic Government (Scotland) Act 1982 is amended as follows.

30

In section 13 (taxi and private hire car driving licences) after subsection (3) insert—

(3A) A 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. (3B) Section 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. (3C) In 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.

31

After section 13 insert—

(13A) (1) For 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— (a) the person has not been granted leave to enter or remain in the United Kingdom, or (b) the person's leave to enter or remain in the United Kingdom— (i) is invalid, (ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or (iii) is subject to a condition preventing the person from driving a taxi or private hire car. (2) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016— (a) the person is to be treated for the purposes of this section as if the person had been granted leave to enter the United Kingdom, but (b) any 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. (3) For 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.

32

• (1) Schedule 1 (licensing - further provisions as to the general system) is amended as follows.

• (2) In paragraph 8 (duration of licences) in sub-paragraph (8) after “paragraphs” insert “ 8A and ”.

• (3) After paragraph 8 insert—

(8A) (1) Sub-paragraph (2) applies if— (a) a 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”), (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and (c) apart from sub-paragraph (2), the period for which the licence would have had effect would have ended after the end of the leave period. (2) The 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. (3) Sub-paragraph (4) applies if— (a) a 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, and (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision). (4) The 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. (5) A 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. (6) Section 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). (7) If 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. (8) If 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. (9) A 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. (10) This paragraph applies in relation to the renewal of a licence as it applies in relation to the grant of a licence.

• (4) In paragraph 11 (suspension and revocation of licences) after sub-paragraph (2) insert—