Part 3 The Asylum and Immigration Act 1996I1

“Persons subject to immigration control

Restrictions on employment

8

(1)

Subject to subsection (2) below, if any person (“the employer”) employs a person subject to immigration control (“the employee”) who has attained the age of 16, the employer shall be guilty of an offence if—

(a)

the employee has not been granted leave to enter or remain in the Isle of Man; or

(b)

the employee’s leave is not valid and subsisting, or is subject to a condition precluding him from taking up the employment,

and (in either case) the employee does not satisfy such conditions as may be specified in an order made by the Department of Trade and Industry.

(2)

It is a defence for a person charged with an offence under this section to prove that before the employment began any relevant requirement of an order of the Department of Trade and Industry under subsection (2A) was complied with.

(2A)

An order under this subsection may—

(a)

require the production to an employer of a document of a specified description;

(b)

require the production to an employer of one document of each of a number of specified descriptions;

(c)

require an employer to take specified steps to retain, copy or record the content of a document produced to him in accordance with the order;

(d)

make provision which applies generally or only in specified circumstances;

(e)

make different provision for different circumstances.

(3)

The defence afforded by subsection (2) above shall not be available in any case where the employer knew that his employment of the employee would constitute an offence under this section.

(4)

A person guilty of an offence under this section shall be liable—

(a)

on conviction on information, to a fine, or

(b)

on summary conviction, to a fine not exceeding the statutory maximum.

(5)

Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)

any director, manager, secretary or other similar officer of the body corporate; or

(b)

any person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(6)

Where the affairs of a body corporate are managed by its members, subsection (5) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(6A)

Where an offence under this section is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(6B)

Subsection (5) shall have effect in relation to a limited partnership as if—

(a)

a reference to a body corporate were a reference to a limited partnership, and

(b)

a reference to an officer of the body were a reference to a partner.

(6C)

Subsection (5) shall have effect in relation to a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) as if—

(a)

a reference to a body corporate were a reference to a limited liability company, and

(b)

a reference to an officer of the body were a reference to a member of the company or its manager or registered agent.

(8)

In this section—

• “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing;

• “employ” means employ under a contract of employment and “employment” shall be construed accordingly.

(10)

An offence under this section shall be treated as—

(a)

a relevant offence for the purpose of sections 28B and 28D of that Act (search, entry and arrest), and

(b)

an offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H (search after arrest).

Code of practice

8A

(1)

Codes of practice issued under this section as it has effect in the United Kingdom shall apply in respect of the Isle of Man—

(a)

with the modification that references to unlawful discrimination shall be construed as references to discrimination in contravention of section 2(1) of the Race Relations Act 2004 (an Act of Tynwald), and

(b)

with any other necessary modifications.

(9)

A failure on the part of any person to observe a provision of the code does not of itself make him liable to any proceedings.

(10)

But the code is admissible in evidence in proceedings before the Employment Tribunal under the Employment Act 2006 (an Act of Tynwald).

(11)

If any provision of the code appears to the tribunal to be relevant to any question arising in such proceedings, that provision is to be taken into account in determining the question.

Miscellaneous and supplemental

Short title and interpretation

13

(1)

This Act may be cited as the Asylum and Immigration Act 1996.

(2)

In this Act—

• “the 1971 Act” means the Immigration Act 1971 as that Act has effect in the Isle of Man;

• “person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the Isle of Man (whether or not such leave has been given).”