Statutory Instruments
Employment
Immigration
Licences And Licensing
Made
14th March 2017
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 93(6)(c) and 94(1) and (2) of the Immigration Act 2016(1).
1.-(1) These Regulations may be cited as the Immigration Act 2016 (Commencement No. 3 and Transitional Provision) Regulations 2017.
(2) In these Regulations-
(a)"the 1971 Act" means the Immigration Act 1971(2);
(b)"the 2016 Act" means the Immigration Act 2016.
2. The following provisions of the 2016 Act come into force on 6th April 2017-
(a)section 36 (Licensing Act 2003: amendments relating to illegal working); and
(b)Schedule 4.
3. Where a person is at large in the United Kingdom by virtue of paragraph 21(1) of Schedule 2 to the 1971 Act(3) (temporary admission or release from detention)-
(a)the person is to be treated for the purposes of section 192A(1) of the Licensing Act 2003(4) as if the person had been granted leave to enter the United Kingdom, but
(b)any restriction as to employment imposed under paragraph 21(1) of Schedule 2 to the 1971 Act is to be treated for those purposes as a condition of leave.
Robert Goodwill
Minister of State
Home Office
14th March 2017
(This note is not part of the Regulations)
These Regulations bring into force specified provisions of the Immigration Act 2016 ("the 2016 Act") and make transitional provision in connection with the coming into force of those provisions.
Regulation 2 sets out that section 36 of, and Schedule 4 to, the 2016 Act, which concern licences for the sale of alcohol and late night refreshment, will come into force on 6th April 2017.
Regulation 3 makes transitional provision in connection with the coming into force of those licensing provisions pending the commencement of section 61(1) and (2) of, and Schedule 10 to, the 2016 Act (immigration bail). Regulation 3 ensures that those who are on temporary admission or release from detention are treated as having leave to enter the United Kingdom and therefore entitled to carry on a licensable activity, subject to any restrictions as to employment which may be imposed as a condition of their temporary admission or release.
(This note is not part of the Regulations)
The following provisions of the Immigration Act 2016 (c. 19) have been brought into force by commencement regulations made before the date of these Regulations.
Provision | Date of Commencement | S.I. No. |
---|---|---|
Sections 1 to 13 | 12th July 2016 | 2016/603 |
Sections 14 to 24 | 25th November 2016 | 2016/1037 |
Section 25 | 12th July 2016 | 2016/603 |
Sections 26 to 30 | 25th November 2016 | 2016/1037 |
Sections 31 to 35 | 12th July 2016 | 2016/603 |
Section 37 | 1st December 2016 | 2016/1037 |
Section 38 | 1st December 2016 | 2016/1037 |
Section 39 (for the purpose of making subordinate legislation only) | 1st November 2016 | 2016/1037 |
Section 39 (for all remaining purposes) | 1st December 2016 | 2016/1037 |
Section 40 (for the purpose of making subordinate legislation only) | 1st November 2016 | 2016/1037 |
Section 40 (for all remaining purposes) | 1st December 2016 | 2016/1037 |
Section 41 | 1st December 2016 | 2016/1037 |
Section 45 (for the purpose of making subordinate legislation only) | 1st November 2016 | 2016/1037 |
Sections 46 to 53 | 12th July 2016 | 2016/603 |
Section 54 | 1st December 2016 | 2016/1037 |
Sections 55 to 60 | 12th July 2016 | 2016/603 |
Sections 62 to 65 | 1st December 2016 | 2016/1037 |
Section 67 | 31st May 2016 | 2016/603 |
Sections 69 to 72 | 31st May 2016 | 2016/603 |
Section 75 | 31st May 2016 | 2016/603 |
Section 76 | 12th July 2016 | 2016/603 |
Sections 77 to 84 | 21st November 2016 | 2016/1037 |
Sections 86 to 89 | 12th July 2016 | 2016/603 |
Schedules 1 to 3 | 12th July 2016 | 2016/603 |
Schedules 5 and 6 | 1st December 2016 | 2016/1037 |
Schedule 7 (for the purpose of making subordinate legislation only) | 1st November 2016 | 2016/1037 |
Schedule 8 | 1st December 2016 | 2016/1037 |
Schedule 9 | 12th July 2016 | 2016/603 |
Schedule 14 | 31st May 2016 | 2016/603 |
Schedule 15 | 12th July 2016 | 2016/603 |
Paragraph 21(1) of Schedule 2 was amended by section 42(1) and (4) of the Immigration, Asylum and Nationality Act 2006 (c. 13).
2003 c. 17; section 192A was inserted by paragraph 1 of Schedule 4 to the Immigration Act 2016.