The Immigration (Restrictions on Employment) (Codes of Practice and Amendment) Order 2014
| Jurisdiction | UK Non-devolved |
2014No. 1183
IMMIGRATION
The Immigration (Restrictions on Employment) (Codes of Practice and Amendment) Order 2014
6thMay2014
8thMay2014
16thMay2014
The Secretary of State makes the following Order in exercise of the powers conferred by sections 15(3), 15(7), 19(2), 20(1), 23(3) and 25(d) of the Immigration, Asylum and Nationality Act 2006( 1).
In accordance with section 19(2) and (3) of that Act a draft revised code of practice specifying factors to be considered by the Secretary of State in determining the amount of a penalty imposed under section 15 has been laid before Parliament.
In accordance with section 23(2) and (5) of that Act the Secretary of State has consulted those bodies specified in section 23(2)(a) about a revised code specifying what an employer should or should not do to avoid contravention of the Equality Act 2010, so far as relating to race, or the Race Relations (Northern Ireland) Order 1997( 2), published a draft revised code, considered representations made about the draft revised code and has laid a draft revised code before Parliament, after modifying the code to reflect the representations.
Citation, commencement and interpretation
1. (1) This Order may be cited as the Immigration (Restrictions on Employment) (Codes of Practice and Amendment) Order 2014 and shall come into force on 16th May 2014.
(2) In this Order-
"the 2006 Act" means the Immigration, Asylum and Nationality Act 2006;
"the 2007 Order" means the Immigration (Restrictions on Employment) Order 2007( 3).
Amendments to the Immigration (Restrictions on Employment) Order 2007
2. The 2007 Order is amended as follows.
3. For article 4 (excuse from paying civil penalty) substitute-
"4.
(1) To the extent provided for by paragraphs (2) and (3) an employer is excused from paying a penalty under section 15 of the 2006 Act if-
(a) the employee or prospective employee produces to the employer any of the documents or combination of documents described in part 1 of list B in the Schedule to this Order; and
(b) the employer complies with the requirements set out in article 6 of this Order.
(2) Subject to article 5 an employer will be excused under this article from paying a penalty under section 15 of the 2006 Act for the period for which a document produced under paragraph (1)(a) provides that the employment is permitted.
(3) If, on the date on which the period specified in paragraph (2) expires, the employer is reasonably satisfied that the employee has an outstanding application to vary his leave to enter or remain in the United Kingdom or the employee has an appeal pending against a decision on that application, the employer will be excused from paying that penalty for a further period beginning with the date on which the period specified in paragraph (2) expires and ending-
(a) after 28 days, or
(b) if earlier, on the date on which the Secretary of State gives the employer written notice that the employee does not have the right to undertake the employment in question.
4A.
(1) To the extent provided for by paragraph (2) an employer is excused from paying a penalty under section 15 of the 2006 Act if-
(a) either-
(i) the employee or prospective employee produces to the employer a document described in paragraph 1 or 2 of part 2 of list B in the Schedule to this Order and the employer obtains a Positive Verification Notice issued by the Home Office Employer Checking Service which indicates that the person named in it is allowed to stay in the United Kingdom and is allowed to do the work in...
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