Legislation – Immigration Act 2016

Immigration Act 2016, Cross Heading: Supplementary provision is up to date with all changes known to be in force on or before 23 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 1 Chapter 1 Crossheading Supplementary-provision:

s. 51(4A)(4B) inserted by 2025 c. 31 s. 44(16)
s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
Sch. 10 para. 3(3A)–(3C) inserted by 2023 c. 37 s. 13(3)(b)
Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
Sch. 10 para. 2(1)(ea)–(ec) inserted by 2025 c. 31 s. 46(4)
specified provision(s) amendment to earlier commencing S.I. 2017/1241, Sch. by S.I. 2018/31 reg. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 51(4A)(4B) inserted by 2025 c. 31 s. 44(16)
s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
Sch. 10 para. 3(3A)–(3C) inserted by 2023 c. 37 s. 13(3)(b)
Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
Sch. 10 para. 2(1)(ea)–(ec) inserted by 2025 c. 31 s. 46(4)

PART 1Labour market and illegal working

CHAPTER 1Labour market

Supplementary provision

Schedule 3 (consequential and related amendments) has effect.

32Regulations under Chapter 1

(1)

Regulations under section 3 or 14 must not prescribe a requirement, function or offence if provision imposing the requirement, conferring the function or creating the offence falls within subsection (3).

(2)

Regulations under section 11 must not confer a function if provision doing so falls within subsection (3).

(3)

Provision falls within this subsection if—

(a)

it would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament,

(b)

it would be within the legislative competence of the National Assembly for Wales if contained in an Act of that Assembly, or

(c)

it would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly made without the consent of the Secretary of State.

(4)

Regulations under section 3, 11 or 14 may make such provision amending, repealing or revoking any provision of any enactment, including this Chapter, as the Secretary of State considers appropriate in consequence of the regulations.

33Interpretation of Chapter 1

In this Chapter—

“the Director” has the meaning given by section 1;

“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;

(c)

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

(d)

an enactment contained in, or in an instrument made under, Northern Ireland legislation;

“enforcing authority” has the meaning given by section 14;

“financial year” means a period of 12 months ending with 31 March;

“HMRC Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

“labour market enforcement functions” has the meaning given by section 3;

“LME order” has the meaning given by section 18;

“LME undertaking” has the meaning given by section 14;

“non-compliance in the labour market” has the meaning given by section 3;

“the respondent” has the meaning given by section 18;

“strategy” has the meaning given by section 2;

“subject” has the meaning given by section 14;

“trigger offence” has the meaning given by section 14.

Changes to legislation: