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The Immigration Act 2016 (Commencement No. 3 and Transitional Provision) Regulations 2017

S.I. 2017/380 · Made 14 March 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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 2016f1.

Annotations to the whole text

Footnotes

f1

2016 c. 19.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 6th April 2017
  3. 3Transitional provision pending commencement of immigration bail
  4. Signature
  5. Explanatory note

1Citation and interpretation

(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 1971f1;

(b)

“the 2016 Act” means the Immigration Act 2016.

2Provisions coming into force on 6th April 2017

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.

3Transitional provision pending commencement of immigration bail

Where a person is at large in the United Kingdom by virtue of paragraph 21(1) of Schedule 2 to the 1971 Actf1 (temporary admission or release from detention)—

(a)

the person is to be treated for the purposes of section 192A(1) of the Licensing Act 2003f2 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.

Signature

Robert Goodwill

Minister of State

Home Office

14th March 2017

Explanatory note

(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.