The Immigration Act 2016 (Commencement No. 3 and Transitional Provision) Regulations 2017

Made: 14th March 2017

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 93(6)(c) and 94(1) and (2) of the Immigration Act 2016[^f00001].

Citation and interpretation

1

• (1) These Regulations may be cited as the Immigration Act 2016 (Commencement No. 3 and Transitional Provision) Regulations 2017.

• (2) In these Regulations—

• (a) “the 1971 Act” means the Immigration Act 1971[^f00002];

• (b) “the 2016 Act” means the Immigration Act 2016.

Provisions coming into force on 6th April 2017

2

The following provisions of the 2016 Act come into force on 6th April 2017—

• (a) section 36 (Licensing Act 2003: amendments relating to illegal working); and

• (b) Schedule 4.

Transitional provision pending commencement of immigration bail

3

Where a person is at large in the United Kingdom by virtue of paragraph 21(1) of Schedule 2 to the 1971 Act[^f00003] (temporary admission or release from detention)—

• (a) the person is to be treated for the purposes of section 192A(1) of the Licensing Act 2003[^f00004] as if the person had been granted leave to enter the United Kingdom, but

• (b) any restriction as to employment imposed under paragraph 21(1) of Schedule 2 to the 1971 Act is to be treated for those purposes as a condition of leave.

Signed

Robert Goodwill — Minister of State — Home Office — 14th March 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into force specified provisions of the Immigration Act 2016 (“the 2016 Act”) and make transitional provision in connection with the coming into force of those provisions.

Regulation 2 sets out that section 36 of, and Schedule 4 to, the 2016 Act, which concern licences for the sale of alcohol and late night refreshment, will come into force on 6th April 2017.

Regulation 3 makes transitional provision in connection with the coming into force of those licensing provisions pending the commencement of section 61(1) and (2) of, and Schedule 10 to, the 2016 Act (immigration bail). Regulation 3 ensures that those who are on temporary admission or release from detention are treated as having leave to enter the United Kingdom and therefore entitled to carry on a licensable activity, subject to any restrictions as to employment which may be imposed as a condition of their temporary admission or release.

Footnotes

[^f00001]: 2016 c. 19.

[^f00002]: 1971 c. 77.

[^f00003]: Paragraph 21(1) of Schedule 2 was amended by section 42(1) and (4) of the Immigration, Asylum and Nationality Act 2006 (c. 13).

[^f00004]: 2003 c. 17; section 192A was inserted by paragraph 1 of Schedule 4 to the Immigration Act 2016.