Article 3A F1

United Kingdom

(1)

An employer is excused from paying a penalty under section 15 of the 2006 Act if the employer—

(a)

obtains from an F2RtW DVSP a DVS identity check which shows that there exists in relation to the employee a relevant F3DVS document,

(b)

receives from the F4RtW DVSP a clear copy of the F5DVS identity check, and the document checked, in a format which cannot be subsequently altered,

F6(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

complies with the requirements set out in article 6A(2),

(F7e)

obtains from the RtW DVSP—

(i)

confirmation that it is registered in the DVS register and that there is a note in its entry on that register that it provides digital verification services in accordance with the RtW supplementary code, and

(ii)

confirmation that the digital verification services it is providing in respect of the DVS identity check are being provided in accordance with the RtW supplementary code, and

(f)

where a facial recognition check is conducted by the RtW DVSP for the purpose of confirming the employee’s identity—

(i)

obtains copies of the facial image of the employee within the relevant DVS document or other document and of the facial image of that person in a format that cannot subsequently be altered,

(ii)

obtains confirmation from the RtW DVSP that the images are of the rightful holder of the relevant DVS document or other document, and

(iii)

securely retains clear copies of those images and that confirmation for a period of not less than two years after the employment has come to an end.

(2)

This article is subject to F8articles 5A and 5B(3) and (4).

F9(3)

In this article, “RtW supplementary code” means any supplementary code, or revised version of any supplementary code, in force for right to work digital verification services published, or republished as revised, under section 29 of the 2025 Act.

Annotations

Textual amendments

F1: Art. 3A inserted (6.4.2022) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022 (S.I. 2022/242), regs. 1(1)(b), 8(3)
F2: Words in art. 3A(1)(a) substituted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 2(4)(a)(i)(aa)
F3: Word in art. 3A(1)(a) substituted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 2(4)(a)(i)(bb)
F4: Words in art. 3A(1)(b) substituted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 2(4)(a)(ii)(aa)
F5: Word in art. 3A(1)(b) substituted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 2(4)(a)(ii)(bb)
F6: Art. 3A(1)(c) and word omitted (1.10.2026) by virtue of The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 2(4)(a)(iii)
F7: Art. 3A(1)(e)(f) inserted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 2(4)(a)(iv)
F8: Words in art. 3A(2) substituted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 2(4)(b)
F9: Art. 3A(3) inserted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 2(4)(c)