Legislation – Immigration Act 2016

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Introduction

PART 1
Labour market and illegal working

CHAPTER 1 Labour market

1 Director of Labour Market Enforcement

2 Labour market enforcement strategy

3 Non-compliance in the labour market : interpretation

4 Annual and other reports

5 Publication of strategy and reports

6 Information gateways

7 Information gateways: supplementary

8 Information hub

9 Restriction on exercising functions in relation to individual cases

10 Renaming of Gangmasters Licensing Authority

11 Functions in relation to labour market

12 PACE powers in England and Wales for labour abuse prevention officers

13 Relationship with other agencies: requests for assistance

14 Power to request LME undertaking

15 Measures in LME undertakings

16 Duration

17 Further provision about giving notice under section 14

18 Power to make LME order on application

19 Applications

20 Power to make LME order on conviction

21 Measures in LME orders

22 Further provision about LME orders

23 Variation and discharge

24 Appeals

LME

25 Code of practice

26 Investigative functions

27 Offence

28 Offences by bodies corporate

29 Application to unincorporated associations

30 Application to partnerships

31 Consequential and related amendments

32 Regulations under Chapter 1

33 Interpretation of Chapter 1

CHAPTER 2 Illegal working

34 Offence of illegal working

35 Offence of employing illegal worker

36 Licensing Act 2003: amendments relating to illegal working

37 Private hire vehicles etc

38 Illegal working closure notices and illegal working compliance orders

PART 2
Access to services

39 Offence of leasing premises

40 Eviction

41 Order for possession of dwelling-house

42 Extension to Wales, Scotland and Northern Ireland

43 Powers to carry out searches relating to driving licences

44 Offence of driving when unlawfully in the United Kingdom

45 Bank accounts

PART 3
Enforcement

46 Powers in connection with examination, detention and removal

47 Search of premises in connection with imposition of civil penalty

48 Seizure and retention in relation to offences

49 Duty to pass on items seized under section 48

50 Retention of things seized under Part 3 of the Immigration Act 1971

51 Search for nationality documents by detainee custody officers etc

52 Seizure of nationality documents by detainee custody officers etc

53 Amendments relating to sections 51 and 52

54 Amendments to search warrant provisions

55 Supply of information to Secretary of State

56 Detention by immigration officers in Scotland

57 Powers to take fingerprints etc. from dependants

58 Interpretation of Part

59 Guidance on detention of vulnerable persons

60 Limitation on detention of pregnant women

61 Immigration bail

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

PART 4
Appeals

63 Appeals within the United Kingdom: certification of human rights claims

64 Continuation of leave: repeals

65 Deemed refusal of leave to enter: repeals

PART 5
Support etc for certain categories of migrant

66 Support for certain categories of migrant

67 Unaccompanied refugee children: relocation and support

68 Availability of local authority support

69 Transfer of responsibility for relevant children

70 Duty to provide information for the purposes of transfers of responsibility

71 Request for transfer of responsibility for relevant children

72 Scheme for transfer of responsibility for relevant children

73 Extension to Wales, Scotland and Northern Ireland

PART 6
Border security

74 Penalties relating to airport control areas

75 Maritime enforcement

76 Persons excluded from the United Kingdom under international obligations

PART 7
Language requirements for public sector workers

77 English language requirements for public sector workers

78 Meaning of “public authority”

79 Power to expand meaning of person working for public authority

80 Duty to issue codes of practice

81 Procedure for codes of practice

82 Application of Part to Wales

83 Interpretation of Part

84 Crown application

PART 8
Fees and charges

85 Immigration skills charge

86 Power to make passport fees regulations

87 Passport fees regulations: supplemental

88 Power to charge for passport validation services

89 Civil registration fees

PART 9
Miscellaneous and general

90 Duty regarding the welfare of children

91 Financial provisions

92 Transitional and consequential provision

93 Regulations

94 Commencement

95 Extent

96 Short title

SCHEDULES

SCHEDULE 1 Persons to whom Director etc may disclose information

SCHEDULE 2 Functions in relation to labour market

SCHEDULE 3 Consequential and related amendments

SCHEDULE 4 Licensing Act 2003: amendments relating to illegal working

SCHEDULE 5 Private hire vehicles etc

SCHEDULE 6 Illegal working closure notices and illegal working compliance orders

SCHEDULE 7 Bank accounts

SCHEDULE 8 Amendments to search warrant provisions

SCHEDULE 9 Duty to supply nationality documents to Secretary of State: persons to whom duty applies

SCHEDULE 10 Immigration bail

SCHEDULE 11 Support for certain categories of migrant

SCHEDULE 12 Availability of local authority support

SCHEDULE 13 Penalties relating to airport control areas

SCHEDULE 14 Maritime enforcement

SCHEDULE 15 Civil registration fees

Changes to legislation:

Immigration Act 2016, SCHEDULE 9 is up to date with all changes known to be in force on or before 23 October 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. Help about Changes to Legislation

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SCHEDULES

SCHEDULE 9Duty to supply nationality documents to Secretary of State: persons to whom duty applies

Section 55

This is the new Schedule A1 to the Immigration and Asylum Act 1999 referred to in section 55—

“SCHEDULE A1Persons to whom section 20A applies

Section 20A

Law enforcement

1

The chief officer of police for a police area in England and Wales.

2

The chief constable of the Police Service of Scotland.

3

The Chief Constable of the Police Service of Northern Ireland.

4

The Chief Constable of the British Transport Police Force.

5

A Port Police Force established under an order made under section 14 of the Harbours Act 1964.

6

The Port Police Force established under Part 10 of the Port of London Act 1968.

7

A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.

8

The National Crime Agency.

Local government

9

A county council or district council in England.

10

A London borough council.

11

The Greater London Authority.

12

The Common Council of the City of London in its capacity as a local authority.

13

The Council of the Isles of Scilly.

14

A county council or a county borough council in Wales.

15

A council constituted under section 2 of the Local Government etc (Scotland) Act 1994.

16

A district council in Northern Ireland.

Regulatory bodies

17

The Gangmasters and Labour Abuse Authority.

18

The Security Industry Authority.

Health bodies

19

An NHS trust established under section 25 of the National Health Service Act 2006 or under section 18 of the National Health Service (Wales) Act 2006.

20

An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

21

A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

22

A National Health Service Trust established under section 12A of the National Health Service (Scotland) Act 1978.

23

A Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (SI 1991/194 (NI 1)).

Education bodies

24

The proprietor of a school or 16 to 19 Academy within the meaning of the Education Act 1996 (see sections 4 and 579(1) of that Act).

25

The governing body of an institution within the further education sector within the meaning of the Further and Higher Education Act 1992 (see sections 90 and 91 of that Act).

26

The governing body of a qualifying institution within the meaning of Part 2 of the Higher Education Act 2004 (see sections 11 and 21 of that Act).

27

The proprietor or governing body of a school within the meaning of the Education (Scotland) Act 1980 (see section 135(1) of that Act).

28

The proprietor or governing body of a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005 (see section 35 of that Act).

29

The proprietor of a school within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)) (see Article 2(2) of that Order).

30

The governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) (see Article 2(2) of that Order).

31

The governing body of a higher education institution as defined by Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993 (SI 1993/2810 (NI 12)).

Registration officials

32

The Registrar General for England and Wales.

33

A superintendent registrar of births, deaths and marriages.

34

A registrar of births, deaths and marriages.

35

A civil partnership registrar within the meaning of Chapter 1 of Part 2 of the Civil Partnership Act 2004 (see section 29 of that Act).

36

The Registrar General for Scotland.

37

A district registrar within the meaning of section 7 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

38

A senior registrar within the meaning of that section.

39

An assistant registrar within the meaning of that section.

40

The Registrar General for Northern Ireland.

41

A person appointed under Article 31(1) or (3) of the Marriage (Northern Ireland) Order 2003 (SI 2003/413 (NI 3)).

42

A person appointed under section 152(1) or (3) of the Civil Partnership Act 2004.

Other bodies: Northern Ireland

43

The Northern Ireland Housing Executive.”