Immigration Act 2016

PART 5 Appeals

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

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

(2) In sub-paragraph (1)—

(a) after “42(6)” insert “or the Secretary of State gave a notice under section 42(8)”;

(b) after “(which” insert “, in either case,”.

(3) In sub-paragraph (2), after “police” insert “or the Secretary of State, as the case may be,”.

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

(2) In sub-paragraph (1)(b)—

(a) after “48(2)” insert “or the Secretary of State gives a notice under section 48(2B)”;

(b) after “(which” insert “, in either case,”.

(3) In sub-paragraph (3), for “the notice under that subsection,” substitute “the interim authority notice under section 48(3) after the giving of a notice by a chief officer of police under section 48(2),”.

(4) After sub-paragraph (3) insert—

“(3A) Where the relevant licensing authority decides not to cancel the interim authority notice under section 48(3) after the giving of a notice by the Secretary of State under section 48(2B), the Secretary of State may appeal against that decision.”

26 In paragraph 9 (general provision about appeals under Part 1 of Schedule 5), in sub-paragraph (4), after “paragraph 7(3)” insert “or (3A)”.

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

(2) In sub-paragraph (2)—

(a) for “section 120(7)” substitute “120(7A) after the giving of a notice under section 120(5)”;

(b) for “objection notice (within the meaning of section 120(5))” substitute “notice”.

(3) After sub-paragraph (2) insert—

“(2A) Where a licensing authority grants an application for a personal licence under section 120(7A) after the giving of a notice under section 120(5B), the Secretary of State may appeal against that decision.”

(4) After sub-paragraph (5) insert—

“(5A) Where in a case to which section 124 applies—

(a) the Secretary of State gives a notice under subsection (3B) of that section (and does not later withdraw it), and

(b) the licensing authority decides not to revoke the licence,

the Secretary of State may appeal against the decision.”

(5) In sub-paragraph (8), for “(2), (3) or (5)” substitute “(2), (2A), (5) or (5A)”.

28 At the end insert—

“PART 4 Questions about leave to enter or remain in the UK

19 On an appeal under this Schedule, a magistrates’ court is not entitled to entertain any question as to whether—

(a) an individual should be, or should have been, granted leave to enter or remain in the United Kingdom, or

(b) an individual has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.”