Immigration (Restrictions on Employment) Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/3225
Year1996

1996 No. 3225

IMMIGRATION

The Immigration (Restrictions on Employment) Order 1996

Made 18th December 1996

Laid before Parliament 23th December 1996

Coming into force 27th January 1997

The Secretary of State, in exercise of the powers conferred upon him by section 8(1) and (2) of the Asylum and Immigration Act 19961, hereby makes the following Order:

S-1 This Order may be cited as the Immigration (Restrictions on...

1.—(1) This Order may be cited as the Immigration (Restrictions on Employment) Order 1996 and shall come into force on 27th January 1997.

(2) In this Order “the Act” means the Asylum and Immigration Act 1996.

S-2 The conditions set out in Part I of the Schedule to this Order...

2.—(1) The conditions set out in Part I of the Schedule to this Order are the conditions specified under section 8(1) of the Act (no offence committed in employing a person who satisfies such conditions).

(2) The documents described in Part II of that Schedule are the documents specified under section 8(2)(a) of the Act (defence for an employer to show that a specified document was produced before employment began).

(3) The manner of copying or recording specified documents described in Part III of that Schedule is the manner specified under section 8(2)(b) of the Act (specified document to be retained by employer or a copy or other record to be made in a specified manner).

Ann Widdecombe

Minister of State

Home Office

18th December 1996

SCHEDULE

SCHEDULE

2 CONDITIONS SPECIFIED UNDER SECTION 8(1) OF THE ACT

PART IArticle 2(1)

CONDITIONS SPECIFIED UNDER SECTION 8(1) OF THE ACT

SCH-1.1

1. The employee has made a claim for asylum, which has not been finally determined or abandoned, and has been given written permission to work by the Home Office.

SCH-1.2

2. The employee’s appeal under Part II of the Immigration Act 19712is pending and, before notice of appeal was given, he had leave to enter or remain in the United Kingdom which did not preclude his taking the employment in question.

SCH-1.3

3. The employee is permitted to work under the Immigration Rules.

2 DOCUMENTS SPECIFIED UNDER SECTION 8(2)(a) OF THE ACT

PART IIArticle 2(2)

DOCUMENTS SPECIFIED UNDER SECTION 8(2)(a) OF THE ACT

SCH-1.1

1. A document issued by a previous employer, the Inland Revenue, the Benefits Agency, the Contributions Agency, the Employment Service, the Training and Employment Agency (Northern Ireland) or the Northern Ireland Social Security Agency which contains the National Insurance number of the person named in the document.

SCH-1.2

2. A passport which describes the holder as a British citizen or as having the right of abode in, or an entitlement to readmission to, the United Kingdom.

SCH-1.3

3. A passport which contains a Certificate of Entitlement issued by, or on behalf of, the Government of the United Kingdom certifying that the holder has the right of abode in the United Kingdom.

SCH-1.4

4. A certificate of registration or naturalisation as a British citizen.

SCH-1.5

5. A birth certificate issued in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man.

SCH-1.6

6. A passport or national identity card, issued by a State which is a party to the European Economic Area Agreement, which describes the holder as a national of a State which is a party to that Agreement.

SCH-1.7

7. A passport or other travel document which is endorsed to show...

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