Explanatory note

This Order brings into operation, on 2nd May 2001, the code of practice issued pursuant to section 8A of the Asylum and Immigration Act 1996 (“the 1996 Act”), as to the measures which an employer is to be expected to take, or not to take, with a view to securing that, while avoiding the commission of an offence under section 8 of the 1996 Act, he also avoids unlawful discrimination.

Section 8 of the 1996 Act provides that an employer who employs a person subject to immigration control who does not have the right to take employment shall be guilty of an offence.

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. However, the code is admissible in evidence in proceedings before industrial and employment tribunals.