Part 1: Labour Market and Illegal Working Section 34: Offence of illegal working
This section amends the 1971 Act to make it a criminal offence for a person subject to immigration control to work if they have not been granted leave to enter or remain, have overstayed that leave, or are in breach of a condition on that leave that prohibits work.
	Subsection (2) amends section 3(1)(c)(i) of the 1971 Act to ensure that persons given limited leave to enter or remain in the United Kingdom may be subject to a condition restricting any type of work, rather than simply "employment" and therefore reflects the scope of the new offence.
	Subsection (3) inserts new section 24B into the 1971 Act creating a new illegal working offence.
	Subsection (1) of the new section 24B sets out the mens rea of the offence of illegal working, such that an individual must know or have reasonable cause to believe that they are disqualified from working by reason of their immigration status.
	Subsection (3) and (4) of the new section 24B detail the maximum penalty. In England and Wales the maximum penalty is 6 months’ imprisonment or an unlimited fine or both. The length of that maximum will be increased to 51 weeks upon the coming into force of section 281(5) of the Criminal Justice Act 2003. In Scotland and Northern Ireland, the maximum penalty is 6 months’ imprisonment or a fine of the statutory maximum or both.
	Subsection (5) and (7) of the new section 24B require a prosecutor to consider whether to ask the Magistrates' Court to commit a person to the Crown Court with a view to a confiscation order being considered under the Proceeds of Crime Act 2002 if a person is convicted of the new illegal working offence in England and Wales or Northern Ireland.
	Subsection (6) of the new Section 24B requires a prosecutor to consider whether to ask the court to make a confiscation order under the Proceeds of Crime Act 2002 if a person is convicted of the new illegal working offence in Scotland.
	Subsection (8) clarifies that the offence does not apply to British Citizens or others who do not need leave to enter or remain.
	Subsection (9) of the new section 24B makes it clear that the offence can apply to those on immigration bail who have no right to work.
	Subsections (10), (11) and (13) of the new section 24B make it clear that the offence applies to all categories of work, including apprenticeships, the self-employed and public servants.
	Subsection (12) of the new section 24B makes an exception from the offence for members of the armed forces.
	Subsections (4) to (8) make consequential amendments to apply the existing criminal enforcement powers of immigration officers to the new illegal working offence.