Legislation – Immigration Act 2016
Changes to legislation:
Immigration Act 2016, Section 23 is up to date with all changes known to be in force on or before 01 April 2026. 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.
Changes and effects yet to be applied to Section 23:
- s. 14–30 omitted by 2025 c. 36 Sch. 10 para. 87(f)
- 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)
- 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. 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)
PART 1Labour market and illegal working
CHAPTER 1Labour market
Labour market enforcement orders
23Variation and discharge
(1)
The appropriate court may by order vary or discharge an LME order—
(a)
on the application of the respondent;
(b)
if the order was made under section 18, on the application of the enforcing authority who applied for the order;
(c)
if the order was made under section 20, on the application of the enforcing authority whose officer conducted the investigation which resulted in the prosecution of the respondent for the trigger offence.
(2)
In this section “the appropriate court”—
(a)
in relation to an LME order made in England and Wales (whether made under section 18 or 20), means a magistrates’ court;
(b)
in relation to such an order made in Scotland, means the sheriff;
(c)
in relation to such an order made in Northern Ireland, means a court of summary jurisdiction.
(3)
An application for an order under this section is—
(a)
if made to a magistrates’ court in England and Wales, to be made by complaint;
(b)
if made to a court of summary jurisdiction in Northern Ireland, to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).