Regulation 30 Interpretation

Section 147 of the 2005 Act (interpretation) is amended as follows.

In subsection (1)^f1, insert at the appropriate places—

• ““the Immigration Acts” has the meaning given by section 61 of the UK Borders Act 2007^f2,”;

• ““immigration objection notice” means a notice given by the Secretary of State stating the reasons why the Secretary of State is satisfied that granting a licence or omitting to revoke, suspend or endorse a licence (as the case may be) would be prejudicial to the prevention of illegal working in licensed premises,”;

• ““immigration offence” means an offence under the Immigration Acts,”.

After subsection (1) insert—

“(1A)

For the purposes of references in this Act to the prevention of illegal working in licensed premises, a person is working illegally if by doing that work at that time the person is committing an offence under section 24B of the Immigration Act 1971^f3.”.

After subsection (7)^f4, insert—

“(8)

In this Act “immigration penalty” means a penalty under—

(a)

section 15 of the Immigration, Asylum and Nationality Act 2006^f5 (“the 2006 Act”), or

(b)

section 23 of the Immigration Act 2014^f6 (“the 2014 Act”).

(9)

For the purposes of this Act an immigration penalty is to be disregarded if—

(a)

more than three years have elapsed since the date on which the penalty was imposed, and

(b)

the amount of the penalty has been paid in full.

(10)

For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)

the person is excused payment by virtue of section 15(3) of that Act, or

(b)

the penalty is cancelled by virtue of section 16 or 17 of that Act^f7.

(11)

For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)

the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)

if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(12)

For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)

the person is excused payment by virtue of section 24 of that Act, or

(b)

the penalty is cancelled by virtue of section 29 or 30 of that Act.

(13)

For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)

the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b)

if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.”.