The Code of Practice (English Language Requirements for Public Sector Workers) Regulations 2016

Statutory Instruments

2016 No. 1157

Employment

The Code of Practice (English Language Requirements for Public Sector Workers) Regulations 2016

Made

29th November 2016

Laid before Parliament

30th November 2016

Coming into force

22nd December 2016

The Minister for the Cabinet Office, in exercise of the powers conferred by section 81(3) and 83 of the Immigration Act 2016(1) (“the Act”) and now vested in the Minister(2) makes the following Regulations.

The Minister has:

(a)

in accordance with section 81(1) of the Act consulted such persons as the Minister thinks appropriate in preparing a code of practice;

(b)

in accordance with section 81(2) of the Act laid a draft of the code of practice before Parliament;

(c)

in accordance with section 80(1) of the Act on 29th November 2016 issued a code for the purposes of section 77 of the Act.

Citation and Commencement

1.  These Regulations may be cited as the Code of Practice (English Language Requirements for Public Sector Workers) Regulations 2016 and come into force on the 22nd December 2016.

The Code of Practice on the English Language Requirements of Public Sector Workers 2016

2.  The code of practice entitled “Code of Practice on the English Language Requirements of Public Sector Workers 2016”(3) which was issued by the relevant Minister on 29th November 2016 comes into force on the 22nd December 2016.

Ben Gummer

Minister of State

Cabinet Office

29th November 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

Under section 77(1) of the Immigration Act 2016 (c.19) a public authority must ensure that each person who works for the public authority in a customer-facing role speaks fluent English. Under section 77(2) of that Act in determining how to comply with this duty a public authority must have regard to the code of practice issued under section 80(1) of that Act that is for the time being applicable to that authority.

These Regulations bring into force the code of practice issued under section 80 of that Act. The purpose of the code is to set out guidance for public authorities in relation to Part 7 of that Act.

An impact assessment has been produced in relation to the impact of the duty set out in section 77(1) of that Act on public authorities: a full regulatory impact assessment has not been produced as no impact on the private or voluntary sectors is foreseen. A copy of that impact assessment is annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk. No additional impact assessment has been produced in respect of these Regulations as no additional impact on the public, private or voluntary sector is foreseen.

(1)

2016 c.19.

(2)

See the definition of “relevant Minister” in section 83 of the Immigration Act 2016 c.19. The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 S.I. 2016/997 section 3 transferred functions which were exercisable by the Secretary of State concurrently with the Chancellor of the Duchy of Lancaster to be instead exercisable by the Secretary of State concurrently with the Minister for the Cabinet Office.

(3)

The code of practice will be published by the Stationery Office and copies may be obtained from the Stationery Office bookshops or online shop. The code of practice will also be available on the gov.uk website.