IMMIGRATION Citation and commencement 1 This Order may be cited as the Immigration (Restrictions on Employment) Order 2004 and shall come into force on 1st May 2004. Interpretation 2 In this Order— “the 1996 Act ” means the Asylum and Immigration Act 1996; “the Immigration Rules” has the meaning given in section 33(1) of the Immigration Act 1971 ; “ Immigration Status Document ” means a document issued by the Home Office containing an endorsement, which confirms that the holder has been granted indefinite or limited leave to enter or remain in the United Kingdom; and “registration card” has the meaning given in section 26A(1) of the Immigration Act 1971 . Conditions specified under section 8(1) of the 1996 Act 3 1 The set of conditions in paragraph (2) and the condition in paragraph (3) are specified for the purposes of section 8(1) of the 1996 Act (no offence committed in employing a person who satisfies such conditions). 2 The set of conditions are that— a the employee had limited leave to enter or remain in the United Kingdom which did not preclude his taking the employment in question; b the employee applied to the Secretary of State for variation of that leave; and c the employee is within the period during which an appeal could be brought or has a pending appeal under Part 5 of the Nationality, Immigration and Asylum Act 2002 , against refusal of that application. 3 The employee is permitted to work under the Immigration Rules. Requirements for the purposes of section 8(2) of the 1996 Act 4 1 The requirements set out in paragraphs (2) to (5) are requirements for the purposes of section 8(2) of the 1996 Act (defence for a person charged with an offence under section 8 to prove that before the employment began any such requirement was complied with). 2 There must have been produced to the employer either— a a document of a description specified in Part 1 of the Schedule, or b one document of a description specified in— i each of sub-paragraphs (a) and (b) of paragraph 1 of Part 2 of the Schedule; or ii each of sub-paragraphs (a) and (b) of paragraph 2 of that Part. 3 The employer must have taken the steps specified in Part 3 of the Schedule to copy or record the content of any document produced to him in accordance with paragraph (2). 4 The employer must have satisfied himself that each document produced in accordance with paragraph (2), appears to relate to the employee in question; in particular— a if a document contains a photograph, the employer must have satisfied himself that the person photographed is the employee in question, and b if a document contains a date of birth, the employer must have satisfied himself that the date of birth is consistent with the appearance of the employee. 5 If either— a the name on a document produced under paragraph 1(a) of Part 2 of the Schedule differs from the name on a document produced under paragraph 1(b) of that Part; or b the name on a document produced under paragraph 2(a) of Part 2 of the Schedule differs from the name on a document produced under paragraph 2(b) of that Part, a document must have been produced to the employer explaining the difference. Revocation 5 The Immigration (Restrictions on Employment) Order 1996 is hereby revoked. Beverley Hughes Minister of State Home Office 15th March 2004