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Immigration Act 2014
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Changes to legislation:
Immigration Act 2014, Section 47 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 47:
- specified provision(s) amendment to earlier commencing S.I. 2014/2771 by S.I. 2015/371 art. 7 8
- specified provision(s) savings for earlier commencing SI 2014/2771 by S.I. 2014/2928 art. 2 (Amendment already reflected in Appended Commentary in EXTOES for 2014 SI2771.)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 21(4A) inserted by S.I. 2019/745 reg. 21(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 21(2)(3) omitted immediately before IP completion day by virtue of S.I. 2020/1309, regs. 1(2)(a), 48)
- s. 27(7) inserted by S.I. 2019/745 reg. 21(3)(b) (This amendment not applied to legislation.gov.uk. Reg. 21(2)(3) omitted immediately before IP completion day by virtue of S.I. 2020/1309, regs. 1(2)(a), 48)
- s. 70A(6A) inserted by S.I. 2019/745 reg. 21(7)(c) (This amendment not applied to legislation.gov.uk. Reg. 21(7) omitted immediately before IP completion day by virtue of S.I. 2020/1309, regs. 1(2)(a), 48)
- Sch. 3 para. 8A inserted by 2016 c. 19 Sch. 12 para. 16
47Revocation of driving licences on grounds of immigration statusU.K.
This section has no associated Explanatory Notes
(1)In section 99 of the Road Traffic Act 1988 (duration of licences)—
(a)after subsection (3) insert—
“(3ZA)Where it appears to the Secretary of State that a licence holder is not lawfully resident in the United Kingdom, the Secretary of State may serve notice in writing on that person revoking the licence and requiring the person to surrender the licence and its counterpart forthwith to the Secretary of State, and it is the duty of that person to comply with the requirement.
(3ZB)For the purposes of subsection (3ZA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.”;
(b)in subsection (5), after “(3)” insert “ , (3ZA) ”;
(c)in subsection (7ZZA)—
(i)after “(3)” insert “ , (3ZA) ”;
(ii)after “subsections and” insert “ , except in the case of a licence and counterpart surrendered in pursuance of subsection (3ZA), ”.
(2)In section 100 of that Act (appeals)—
(a)in subsection (1)(c), after “99(3)” insert “ , (3ZA) ”;
(b)at the end insert—
“(4)In any proceedings under this section about the revocation of a licence in pursuance of section 99(3ZA) (revocation on grounds of immigration status), the court or sheriff is not entitled to entertain any question as to whether—
(a)the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or
(b)the appellant has, after the date that the Secretary of State served notice under section 99(3ZA), been granted leave to enter or remain in the United Kingdom.”
(3)In Article 15 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (duration of licences)—
(a)after paragraph (5) insert—
“(5ZA)Where it appears to the Department that a licence holder is not lawfully resident in the United Kingdom, the Department may serve notice in writing on that person revoking the licence and requiring the person to surrender the licence and its counterpart forthwith to the Department, and it is the duty of that person to comply with the requirement.
(5ZB)For the purposes of paragraph (5ZA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.”;
(b)in paragraph (7), after “(5)” insert “ , (5ZA) ”.
(4)In Article 16 of that Order (appeals)—
(a)in paragraph (1)(c), after “15(5)” insert “ , (5ZA) ”;
(b)at the end insert—
“(4)In any proceedings under this Article about the revocation of a licence in pursuance of Article 15(5ZA) (revocation on grounds of immigration status), the court is not entitled to entertain any question as to whether—
(a)the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or
(b)the appellant has, after the date that the Department served notice under Article 15(5ZA), been granted leave to enter or remain in the United Kingdom.”
Commencement Information
I1S. 47 in force at 14.7.2014 by S.I. 2014/1820, art. 2(e)
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