40(1)Section 16 (power to suspend or revoke licences) is amended as follows.U.K.
(2)In subsection (2) before the “or” at the end of paragraph (a) insert—
“(aa)the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;”.
(3)After subsection (2) insert—
“(2A)Subsection (2)(aa) does not apply if—
(a)in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or
(b)in a case where the licence holder has been required to pay an immigration penalty—
(i)more than three years have elapsed since the date on which the penalty was imposed, and
(ii)the amount of the penalty has been paid in full.”
(4)In subsection (4) at the end of paragraph (a) insert—
“(aa)the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;”.
(5)After subsection (4) insert—
“(5)Subsection (4)(aa) does not apply if—
(a)in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or
(b)in a case where the licence holder has been required to pay an immigration penalty—
(i)more than three years have elapsed since the date on which the penalty was imposed, and
(ii)the amount of the penalty has been paid in full.”
Commencement Information
I1Sch. 5 para. 40 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)