Part 1: Labour Market and Illegal Working Section 35: Offence of employing an illegal worker
Sections 15 to 25 of the 2006 Act set out the constraints on whether a person subject to immigration control may be employed. The prohibition is supported through both a civil penalty and criminal sanction.
	Subsections (2) and (3) amend the mens rea, or mental element, needed for commission of the offence at section 21(1) of the 2006 Act. The effect is that the offence is committed when an employer 'knows or has reasonable cause to believe' that an employee is disqualified from employment by virtue of their immigration status, and the employee is, in fact, so disqualified.
	Subsection (4) amends section 21(2)(a)(i) of the 2006 Act to increase the maximum term of imprisonment for conviction of the offence on indictment from two years to five years.
	Subsections (5) to (7) provide that a body will be treated as having 'reasonable cause to believe' a fact for the purposes of the amended offence, if an individual within that body with responsibility for an aspect of the employment has reasonable cause to believe that fact.
	Subsections (9) and (10) amend sections 28A and 28AA respectively of the 1971 Act. The effect is that a person committing or attempting to commit the section 21 offence may be arrested without a warrant.