Legislation – Immigration Act 2016

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

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

25 Code of practice

26 Investigative functions

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

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

94 Commencement

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Immigration Act 2016, Section 76 is up to date with all changes known to be in force on or before 22 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

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PART 6Border security

76Persons excluded from the United Kingdom under international obligations

(1)

In section 8 of the Immigration Act 1971 (exceptions for seamen, aircrews and other special cases) in subsection (5) after “expired” insert “
or otherwise ceased to be in force
”.

(2)

In section 8A of that Act (persons ceasing to be exempt) after subsection (3) insert—

“(4)

References in this section to a person who ceases to be exempt do not include a person who ceases to be exempt by virtue of section 8B(3).”

(3)

Section 8B of that Act (persons excluded from the United Kingdom under international obligations) is amended as follows.

(4)

In subsection (1) after paragraph (b) insert—

“(and any leave given to a person who is an excluded person is invalid)”.

(5)

For subsection (3) substitute—

“(3)

Any exemption of a person from the provisions of this Act under section 8(1), (2) or (3) does not apply while the person is an excluded person.”

(6)

In subsection (4) for “a designated instrument” substitute “
an instrument falling within subsection (5)
”.

(7)

In subsection (5) for “The Secretary of State may by order designate an instrument” substitute “
An instrument falls within this subsection
”.

(8)

After subsection (5) insert—

“(5A)

Subsection (1), (2) or (3) does not apply to a person if—

(a)

the application of that subsection to that person would be contrary to the United Kingdom’s obligations under—

(i)

the Human Rights Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or

(ii)

the Refugee Convention (within the meaning given by that provision), or

(b)

the person has been exempted from the application of that subsection under a process applying by virtue of the instrument falling within subsection (5).”

(9)

Omit subsections (6) to (8).