UK Act of Parliament 2016 United Kingdom

Immigration Act 2016

At a glance

What's here

16 compliance obligations

Penalty landscape

1 of 16 obligations carry imprisonment (51 weeks (England & Wales) or 6 months (Scotland & Northern Ireland)). 3 carry different penalties and 12 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Any Person 3
  • Employer 2
  • Landlord 1

Plus 10 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Any Person also bound by 2338 other Acts (top 5 shown)
Employers also bound by 694 other Acts (top 5 shown)
Landlords also bound by 216 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — Labour market and illegal working

s.001

Director of Labour Market Enforcement

Other duties (1) — Crown / regulator
  • Secretary of State must appoint a Director of Labour Market Enforcement Crown / Minister / Government department
s.004

Annual and other reports

Other duties (1) — Crown / regulator
  • Director of Labour Market Enforcement must submit annual and requested reports Statutory regulator
s.008

Information hub

Other duties (1) — Crown / regulator
  • Director of Labour Market Enforcement must maintain an information hub Statutory regulator
s.016

Duration

Other duties (1) — Crown / regulator
  • Regulators must manage and release Labour Market Enforcement undertakings Statutory regulator
s.032

Regulations under Chapter 1

Other duties (1) — Crown / regulator
  • Secretary of State must respect devolved powers when making regulations Crown / Minister / Government department
Browse 31 other sections in this Part — procedural / definitional / commencement

Part 2 — Access to services

Browse 5 other sections in this Part — procedural / definitional / commencement

Part 4 — Appeals

Browse 3 other sections in this Part — procedural / definitional / commencement

Part 5 — Support etc for certain categories of migrant

Browse 7 other sections in this Part — procedural / definitional / commencement

Part 6 — Border security

Browse 3 other sections in this Part — procedural / definitional / commencement

Part 7 — Language requirements for public sector workers

s.080

Duty to issue codes of practice

Other duties (1) — Crown / regulator
  • Government must issue codes of practice for English language requirements Crown / Minister / Government department
Browse 6 other sections in this Part — procedural / definitional / commencement

Part 8 — Fees and charges

Browse 5 other sections in this Part — procedural / definitional / commencement

Part 9 — Miscellaneous and general

Browse 6 other sections in this Part — procedural / definitional / commencement

Schedules

s.005

Private hire vehicles etc

Fine up to £1,000
  • Fail to return licence or badge after expiry or disqualification Any Person
Browse 344 other Schedules — structural / supplementary
s.sch002

The Employment Agencies Act 1973 is amended as follows.

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(1) Section 15 (slavery and trafficking prevention orders on application)...

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In section 19(7) (requirement to provide name and address)—

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(1) Section 20 (variation, renewal and discharge) is amended as...

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(1) Section 23 (slavery and trafficking risk orders) is amended...

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In section 26(7) (requirement to provide name and address)—

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(1) Section 27 (variation, renewal and discharge) is amended as...

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After section 30 (offences) insert— Enforcement by Gangmasters and Labour...

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In section 33 (guidance), in subsection (1) for “and the...

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Before section 9 insert— Appointment of officers (1) The Secretary of State may— (a) appoint officers to...

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(1) Section 9 (inspection) is amended as follows.

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The National Minimum Wage Act 1998 is amended as follows....

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In section 13 (appointment of officers for enforcement)—

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In section 14 (powers of officers) before subsection (1) insert—...

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In section 15 (information obtained by officers)—

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The Modern Slavery Act 2015 is amended as follows.

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Before section 12 (but after the italic heading before it)...

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In the Public Records Act 1958, in Schedule 1 (definition...

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The Police Reform Act 2002 is amended as follows.

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In section 10 (general functions of the Independent Police Complaints...

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After section 26C insert— Labour abuse prevention officers (1) The Secretary of State may make regulations conferring functions...

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The Gangmasters (Licensing) Act 2004 is amended as follows.

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In the italic heading before section 1, for “Gangmasters Licensing...

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In section 1 (Gangmasters Licensing Authority)— (a) in the heading,...

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In section 2 (directions etc by the Secretary of State),...

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In section 3 (work to which Act applies)—

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In section 8 (general power of Authority to make rules)—...

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In section 14 (offences: supplementary provisions) after subsection (2) insert—...

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In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments...

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In section 15 (enforcement and compliance officers) after subsection (6)...

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In section 16 (powers of officers) before subsection (1) insert—...

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In section 17 (entry by warrant) before subsection (1) insert—...

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(1) Section 19 (information relating to gangmasters) is amended as...

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(1) Schedule 2 (application of Act to Northern Ireland) is...

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In the Pensions Act 2004, in Schedule 3 (certain permitted...

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In the Natural Environment and Rural Communities Act 2006, in...

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In the Regulatory Enforcement and Sanctions Act 2008, in Schedule...

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The Modern Slavery Act 2015 is amended as follows.

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In section 52 (duty to notify Secretary of State about...

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In the Superannuation Act 1972, in Schedule 1 (kinds of...

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At the beginning of Part 7, after the italic heading...

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Omit section 55 (review of Gangmasters Licensing Authority).

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In section 58 (regulations), in subsection (4), after paragraph (j)...

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In section 60 (extent)— (a) in subsection (1), after “section...

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In Schedule 3 (public authorities under duty to co-operate with...

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After Schedule 4 insert— SCHEDULE 4A Information gateways: specified persons...

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In the Human Trafficking and Exploitation (Criminal Justice and Support...

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(1) Section 9 of the Employment Agencies Act 1973 (inspection)...

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In the House of Commons Disqualification Act 1975, in Schedule...

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In the Northern Ireland Assembly Disqualification Act 1975, in Schedule...

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(1) Section 15 of the National Minimum Wage Act 1998...

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In the Regulation of Investigatory Powers Act 2000, in Schedule...

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In the Freedom of Information Act 2000, in Schedule 1...

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After section 192 of the Licensing Act 2003 insert— Entitlement...

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(1) Section 48 (cancellation of interim authority notice following police...

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In section 50 (reinstatement of licence on transfer following death...

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Part 6 of the Licensing Act 2003 (personal licences) is...

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(1) Section 113 (meaning of “relevant offence” and “foreign offence”)...

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(1) Section 115 (period of validity of personal licence) is...

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(1) Section 120 (determination of application for grant) is amended...

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(1) Section 122 (notification of determinations) is amended as follows....

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(1) Section 123 (duty to notify licensing authority of convictions...

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(1) Section 124 (convictions coming to light after grant) is...

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(1) Section 125(3) (form of personal licence) is amended as...

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Part 3 of the Licensing Act 2003 (premises licences) is...

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(1) Section 132 (licence holder's duty to notify licensing authority...

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In Schedule 4 (personal licence: relevant offences), after paragraph 7...

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(1) Section 179 of the Licensing Act 2003 (rights of...

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Schedule 5 to the Licensing Act 2003 (appeals) is amended...

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(1) Paragraph 6 (transfer of licence) is amended as follows....

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(1) Paragraph 7 (interim authority notice) is amended as follows....

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In paragraph 9 (general provision about appeals under Part 1...

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(1) Paragraph 17 (personal licences) is amended as follows.

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At the end insert— PART 4 Questions about leave to...

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In section 10 of the Licensing Act 2003, (sub-delegation of...

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In section 13(4) (meaning of “responsible authority”), after paragraph (h)...

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(1) Section 193 of the Licensing Act 2003 (other definitions)...

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In section 194 of the Licensing Act 2003 (index of...

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In the Police Reform and Social Responsibility Act 2011, omit...

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The amendments of sections 13, 16, 42, 47 and 120...

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The amendment of section 27 of the Licensing Act 2003...

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The amendments of section 115 of the Licensing Act 2003...

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The amendment of Schedule 4 to the Licensing Act 2003...

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(1) Section 16 (applicant for premises licence) is amended as...

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In section 27 (death, incapacity, insolvency etc of licence holder),...

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(1) Section 42 (application for transfer of premises licence) is...

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(1) Section 44(5) (determination of transfer application) is amended as...

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(1) Section 45 (notification of determination under section 44) is...

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(1) Section 47 (interim authority notice following death etc of...

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(1) Section 18 of the London Hackney Carriages Act 1843...

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(1) Section 13 (licensing of operators of private hire vehicles)...

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After section 13 insert— Operators' licences for persons subject to...

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(1) Section 17 (qualification for drivers of hackney carriages) is...

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(1) Section 19 (suspension and revocation of drivers' licences) is...

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(1) Section 20 (suspension and revocation of operators' licences) is...

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After section 20 insert— Return of licences suspended or revoked...

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In section 37 (appeals) after subsection (2) insert—

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The Local Government (Miscellaneous Provisions) Act 1976 is amended as...

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(1) Section 51 (licensing of drivers of private hire vehicles)...

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In section 53(1) (drivers' licences for hackney carriages and private...

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The Metropolitan Public Carriage Act 1869 is amended as follows....

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After section 53 insert— Drivers' licences for persons subject to...

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(1) Section 55 (licensing of operators of private hire vehicles)...

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After section 55 insert— Operators' licences for persons subject to...

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(1) Section 59 (qualification for drivers of hackney carriages) is...

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(1) Section 61 (suspension and revocation of drivers' licences) is...

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(1) Section 62 (suspension and revocation of operators' licences) is...

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After section 62 insert— Return of licences suspended or revoked...

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In section 77 (appeals) after subsection (3) insert—

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After section 79 insert— Persons disqualified by reason of immigration...

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The Civic Government (Scotland) Act 1982 is amended as follows....

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In section 8(7) (driver's licence to be in force for...

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In section 13 (taxi and private hire car driving licences)...

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After section 13 insert— Persons disqualified by reason of immigration...

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(1) Schedule 1 (licensing - further provisions as to the...

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(1) Part 1 of Schedule 1 to the Road Traffic...

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The Private Hire Vehicles (London) Act 1998 is amended as...

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In section 1(1) (meaning of “private hire vehicle” etc)—

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(1) Section 3 (London operator's licences) is amended as follows....

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After section 3 insert— London PHV operator's licences for persons...

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(1) Section 13 (London PHV driver's licences) is amended as...

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After section 13 insert— London PHV driver's licences for persons...

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After section 8 insert— Drivers' licences for persons subject to...

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(1) Section 16 (power to suspend or revoke licences) is...

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In section 25 (appeals) after subsection (7) insert—

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(1) Section 32 (regulations) is amended as follows.

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After section 35 insert— Persons disqualified by reason of immigration...

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In section 36 (interpretation) at the appropriate place insert— “operate”...

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The Taxis Act (Northern Ireland) 2008 is amended as follows....

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(1) Section 2 (operator's licences) is amended as follows.

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After section 2 insert— Operator's licences for persons subject to...

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(1) Section 23 (taxi driver's licences) is amended as follows....

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After section 23 insert— Taxi driver's licences for persons subject...

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The Plymouth City Council Act 1975 is amended as follows....

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(1) Section 26 (power to suspend, revoke or curtail licences)...

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In section 32 (return of licences etc) after subsection (5)...

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In section 34 (appeals) after subsection (5) insert—

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After section 56 insert— Persons disqualified by reason of immigration...

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(1) Subject to sub-paragraph (2), an amendment made by any...

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(1) Subject to sub-paragraphs (2) and (3), an amendment made...

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(1) Section 19(1) of the Plymouth City Council Act 1975...

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After section 2 insert— Persons disqualified by reason of immigration...

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(1) Section 9 (licensing of drivers of private hire vehicles)...

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In section 11(1) (drivers' licences for hackney carriages and private...

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After section 11 insert— Drivers' licences for persons subject to...

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(1) An immigration officer of at least the rank of...

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(1) Where access to premises is prohibited or restricted by...

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(1) A person who without reasonable excuse remains on or...

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(1) Where— (a) access to premises is prohibited or restricted...

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(1) Where the Secretary of State incurs expenditure for the...

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(1) Each of the following— (a) the Secretary of State,...

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(1) A person who claims to have incurred financial loss...

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(1) The Secretary of State may issue guidance about the...

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(1) In this Schedule— “court”, except where the context otherwise...

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After section 167(1) of the Licensing Act 2003 insert—

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(1) An illegal working closure notice must—

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(1) An immigration officer may by the issue of a...

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(1) A notice under paragraph 1, 2 or 3 must...

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(1) Whenever an illegal working closure notice is issued an...

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(1) Regulations under paragraph 5(6)(b) or (c) may, in particular—...

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(1) This paragraph applies where an application has been made...

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(1) An immigration officer may apply to the court for...

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(1) An application may be made to the court under...

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(1) An appeal against a decision— (a) to make, extend...

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The Immigration Act 2014 is amended as follows.

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After section 40 (prohibition on opening current accounts for disqualified...

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(1) Section 41 (regulation by Financial Conduct Authority) is amended...

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In section 42 (meaning of “bank” and “building society”), in...

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(1) Section 43 (power to amend) is amended as follows....

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In section 74 (orders and regulations), in subsection (2) (statutory...

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(1) Section 18 of the Civil Jurisdiction and Judgments Act...

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The Immigration Act 1971 is amended as follows.

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(1) Section 28D (entry and search of premises) is amended...

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(1) Section 28FB (search for personnel records with warrant) is...

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(1) Section 28J (search warrants: safeguards) is amended as follows....

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(1) Section 28K (execution of warrants) is amended as follows....

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(1) Paragraph 25A of Schedule 2 (search of premises for...

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(1) Section 45 of the UK Borders Act 2007 (search...

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This is the new Schedule A1 to the Immigration and...

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(1) The Secretary of State may grant a person bail...

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(1) An immigration officer or a constable may arrest without...

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(1) Subject as follows, the Secretary of State must arrange...

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(1) Tribunal Procedure Rules must make provision with respect to...

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(1) Regulations under section 92(1) may, in particular, provide for...

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The Immigration Act 1971 is amended as follows.

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In section 11(1) (construction of references to entry)—

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(1) Section 24 (illegal entry and other similar offences) is...

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(1) Section 28 (proceedings for offences) is amended as follows....

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In section 28B(5) (meaning of “relevant offence”) for “(e) or...

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In section 28D(4) (meaning of “relevant offence”) for “(e) or...

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(1) Subject to sub-paragraph (2), if immigration bail is granted...

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In Schedule 2 (administrative provisions as to control on entry...

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(1) Schedule 3 (supplementary provisions as to deportation) is amended...

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The Special Immigration Appeals Commission Act 1997 is amended as...

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In section 3(1) (jurisdiction: bail) for “Schedule 2 to the...

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(1) Section 5 (procedure in relation to jurisdiction under sections...

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For Schedule 3 substitute— SCHEDULE 3 Bail: Modifications of Schedule...

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The Immigration and Asylum Act 1999 is amended as follows....

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In section 10(9) (removal of persons unlawfully in the United...

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In section 53 (applications for bail in immigration cases) omit...

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In section 95(9A) (support for asylum seekers etc: matters to...

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(1) The Secretary of State or the First-tier Tribunal must...

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(1) Section 141 (fingerprinting: persons temporarily admitted to the United...

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The Nationality, Immigration and Asylum Act 2002 is amended as...

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(1) Section 23 (power for residence restriction to include requirement...

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In section 30 (conditions of residence at accommodation centres) in...

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(1) Section 62 (detention by the Secretary of State) is...

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Omit sections 68 (bail) and 69 (reporting restriction: travel expenses)....

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(1) Section 70 (power for residence restriction to take account...

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(1) Section 71 (asylum seeker: residence etc restriction) is amended...

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In the Asylum and Immigration (Treatment of Claimants, etc) Act...

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In section 24 of the Immigration, Asylum and Nationality Act...

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(1) In this Schedule an “electronic monitoring condition” means a...

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(1) Section 36 of the UK Borders Act 2007 (detention)...

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The Criminal Justice and Immigration Act 2008 is amended as...

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In section 132(4) (special immigration status: effect of designation) in...

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In section 133 (special immigration status: conditions) for subsections (3)...

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(1) In this Schedule a “financial condition” means a condition...

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(1) Subject to this paragraph and to paragraphs 7 and...

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(1) This paragraph applies to a person who—

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(1) This paragraph applies to a person who—

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(1) Sub-paragraph (2) applies where— (a) a person is on...

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Section 4 of the Immigration and Asylum Act 1999 (provision...

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(1) Section 96 (ways in which support may be provided)...

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(1) Section 97 (supplemental) is amended as follows.

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In section 98, the heading becomes “ Temporary support for...

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After section 98 insert— Temporary support for failed asylum-seekers, etc...

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(1) Section 99 (provision of support by local authorities) is...

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In section 100 (local authority and other assistance for Secretary...

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In section 101 (reception zones), in subsection (3), after “section...

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In section 112 (recovery of expenditure on support: misrepresentation etc),...

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In section 113 (recovery of expenditure on support from sponsor),...

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(1) Section 114 (overpayments) is amended as follows.

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In consequence of the repeal made by paragraph 1—

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In section 118 (housing authority accommodation), in subsection (1)(b), for...

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(1) Section 122 (support for children) is amended as follows....

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(1) Section 125 (entry of premises) is amended as follows....

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In section 127 (requirement to supply information about redirection of...

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(1) Section 166 (regulations and orders) is amended as follows....

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In section 26A of the Immigration Act 1971 (registration card),...

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(1) The Nationality, Immigration and Asylum Act 2002 is amended...

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In section 9 of the Asylum and Immigration (Treatment of...

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In the Immigration, Asylum and Nationality Act 2006, omit section...

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In section 40 of the UK Borders Act 2007 (supply...

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(1) Section 94 of the Immigration and Asylum Act 1999...

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In Schedule 3 to the Immigration Act 2014 (excluded residential...

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(1) Section 18 of the Nationality, Immigration and Asylum Act...

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(1) In consequence of the amendment made by paragraph 31(3),...

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In consequence of the amendments made by paragraph 31, the...

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In section 16 (establishment of accommodation centres), in subsection (3)(b),...

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In section 21(3), for “claim for asylum” substitute “ protection...

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In section 29 (facilities), in subsection (1)(c), for “claim for...

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(1) Section 55 (late claim for asylum: refusal of support)...

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In section 70 (induction), in the definition of “asylum-seeker” in...

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(1) Section 71 (asylum-seeker: residence, etc restriction) is amended as...

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In consequence of the repeal made by paragraph 3(2)(b)—

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In Schedule 3 (withholding and withdrawal of support), in paragraph...

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The following provisions of the Nationality, Immigration and Asylum Act...

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In Schedule 15 to the National Health Service (Wales) Act...

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In Schedule 3 to the National Health Service (Consequential Provisions)...

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In section 21 of the Care Act 2014, for subsections...

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In section 46 of the Social Services and Well-being (Wales)...

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(1) The repeals made by paragraphs 1 and 2 do...

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(1) The repeal made by paragraph 7(5) does not apply...

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Schedule 3 to the Nationality, Immigration and Asylum Act 2002...

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Part 6 of the Immigration and Asylum Act 1999 (support...

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The heading of the Part becomes “ Support for asylum-seekers,...

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(1) Section 94 (interpretation of Part 6) is amended as...

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In section 95 (persons for whom support may be provided),...

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After section 95 insert— Support for failed asylum-seekers, etc who...

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Schedule 3 to the Nationality, Immigration and Asylum Act 2002...

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After paragraph 10 insert— Accommodation and subsistence etc: England (1) The Secretary of State may make regulations providing for...

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In paragraph 11 (assistance and accommodation: general), in the words...

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In paragraph 13 (offences), in sub-paragraphs (1)(b) and (2)(a), for...

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In paragraph 14 (information), in sub-paragraphs (1) and (2), for...

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(1) Paragraph 15 (power to amend Schedule 3) is amended...

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(1) Paragraph 16 (orders and regulations) is amended as follows....

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In Schedule 3 to the Immigration Act 2014 (excluded residential...

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(1) Paragraph 1 (ineligibility for support) is amended as follows....

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After paragraph 1 insert— (1) A person to whom this paragraph applies is not...

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(1) Paragraph 2(1) (exceptions) is amended as follows.

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After paragraph 2 insert— (1) Paragraph 1(1)(g) or (ga) does not prevent the provision...

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After paragraph 3 insert— Notwithstanding paragraph 3, paragraph 1(1)(g) prevents a local authority in...

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In paragraph 6 (third class of ineligible person: failed asylum-seeker),...

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In paragraph 7 (fourth class of ineligible person: person unlawfully...

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Before paragraph 8 insert— Sixth class of ineligible person: person...

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This is the Part 1A of Schedule 2 to the...

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The Immigration Act 1971 is amended as follows.

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In section 25(1) (offence of assisting unlawful immigration to member...

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In section 25A (helping an asylum-seeker to enter United Kingdom)...

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In section 25B (assisting entry to United Kingdom in breach...

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In section 28 (proceedings) after subsection (2) insert—

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In section 28A(3) (arrest without warrant) in paragraphs (a) and...

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After Part 3 insert— PART 3A Maritime enforcement Enforcement powers...

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After Schedule 4 insert— SCHEDULE 4A Enforcement powers in relation...

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Before section 72 of the Marriage Act 1949 (but after...

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In section 31 (marriage under certificate without licence)—

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In section 41 (registration of buildings: marriage of a man...

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In section 43D (regulations about registration of buildings) in subsection...

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In section 51 (fees of registrars for attending marriages)—

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In section 57 (quarterly returns to superintendent registrar) omit subsection...

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In section 63 (searches in register books) in subsection (1),...

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In section 64 (searches of indexes kept by superintendent registrars)...

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In section 65 (searches of indexes kept by Registrar General)...

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In section 65A (searches and records of information: additional provision)...

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In section 74 (regulations) in subsection (1)(b), after “this Act”...

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Before section 39 of the Births and Deaths Registration Act...

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In section 78 (interpretation) in subsection (1), in the definition...

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The Births and Deaths Registration Act 1953 is amended as...

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In section 13 (registration of name of child or of...

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In section 30 (searches of indexes kept by Registrar General)—...

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In section 31 (searches of indexes kept by superintendent registrars)...

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In section 32 (searches in registers kept by registrars) omit...

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In section 33 (short certificate of birth) in subsection (1),...

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In section 33A (short certificate of death)—

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In section 34A (searches and records of information: additional provision)...

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In section 39 (regulations made by the Registrar General) in...

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After section 19A of the Registration Service Act 1953 insert—...

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In section 39A (regulations made by the Minister: further provisions)—...

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In section 41 (interpretation) in subsection (1), in the definition...

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Omit section 16 of the Registration Service Act 1953 (general...

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In section 178 of the Factories Act 1961 (certificates of...

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In Schedule 3 to the Public Expenditure and Receipts Act...

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Omit section 17 of the Marriage (Registrar General's Licence) Act...

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(1) Section 124 of the Social Security Administration Act 1992...

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(1) Section 564 of the Education Act 1996 (certificates of...

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(1) Section 34 of the Civil Partnership Act 2004 (fees)...

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In section 9 of the Marriage (Same Sex Couples) Act...

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For section 5 of the Places of Worship Registration Act...

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In section 10 of the Savings Banks Act 1887 (price...

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The Marriage Act 1949 is amended as follows.

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In section 27 (notice of marriage) omit subsections (6) and...

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Unified labour market enforcement body for Great Britain. Takes over National Minimum Wage enforcement from HMRC, enforces statutory sick pay and holiday …

Government department responsible for immigration, security, and law and order. Administers UK Visas and Immigration (UKVI), issues sponsor licences for employers hiring …

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