Legislation – Immigration Act 2016
Changes to legislation:
Immigration Act 2016, Section 18 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.
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PART 1Labour market and illegal working
CHAPTER 1Labour market
Labour market enforcement orders
18Power to make LME order on application
(1)
The appropriate court may, on an application by an enforcing authority under section 19, make a labour market enforcement order against a person if the court—
(a)
is satisfied, on the balance of probabilities, that the person has committed, or is committing, a trigger offence, and
(b)
considers that it is just and reasonable to make the order.
(2)
A labour market enforcement order (an “LME order”) is an order which—
(a)
prohibits or restricts the person against whom it is made (“the respondent”) from doing anything set out in the order;
(b)
requires the respondent to do anything set out in the order.
See section 21.
(3)
In this section “the appropriate court”—
(a)
where the conduct constituting the trigger offence took or is taking place primarily in England and Wales, means a magistrates’ court;
(b)
where that conduct took or is taking place primarily in Scotland, means the sheriff;
(c)
where that conduct took or is taking place primarily in Northern Ireland, means a court of summary jurisdiction.
(4)
An application for an LME order under this section is—
(a)
in England and Wales, to be made by complaint;
(b)
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)).