See Full Document Text
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
STATUTORY INSTRUMENTS
2026 No. 700
IMMIGRATION
The Immigration (Restrictions on Employment and
Residential Accommodation) (Prescribed Requirements
and Codes of Practice) (Amendment) Regulations 2026
Made - - - - 24th June 2026
Laid before Parliament 30th June 2026
Coming into force - - 1st October 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by—
(a) sections 15(3), (7), (8) and (10), 19(2)(b), 20(1)(a) and 23(3) of the Immigration, Asylum and
Nationality Act 2006 (“the 2006 Act”)(1),
(b) sections 24(2) and (7), 26(2) and (7), 32(6)(b), 33(5)(b) and 34(1), (1A) and (1C) of the
Immigration Act 2014 (“the 2014 Act”)(2), and
(c) paragraphs 5(6)(b) and (c) and 5A(1) and (3) of Schedule 6 to the Immigration Act 2016(3).
In accordance with section 19(2)(a) of the 2006 Act (code of practice: civil penalties), a draft
revised code of practice has been laid before Parliament.
In accordance with section 23(2) of the 2006 Act (code of practice: discrimination), the Secretary
of State has—
(a) consulted the bodies specified in section 23(2)(a)(i) and (ii),
(b) consulted the bodies the Secretary of State thought appropriate, in accordance with
section 23(2)(a)(iii) and (iv),
(c) published a draft revised code after the consultation under section 23(2)(a),
(d) considered representations made about the published draft revised draft code, and
(e) laid a draft revised code before Parliament with modifications to the code to reflect the
representations.
In accordance with section 32(6)(a) of the 2014 Act (code of practice: civil penalties), a draft
revised code of practice has been laid before Parliament.
(1) 2006 c. 13; section 15(8) and (10) was inserted by the Data (Use and Access) Act 2025 (c. 18), section 55(1) and section 23(1)
was amended by the Equality Act 2010 (c. 15), Schedule 26, Part 1, paragraph 86. See section 25(d) for the definition of
“prescribed”.
(2) 2014 c. 22; section 34(1) was amended, and section 34(1A) and (1C) were inserted, by the Data (Use and Access) Act 2025,
section 55(2). See section 37(1) for the definition of “prescribed”.
(3) 2016 c. 19; paragraph 5A of Schedule 6 was inserted by the Data (Use and Access) Act 2025, section 55(3). The expression
“DVS-registered person” is defined in paragraph 5A(2) of Schedule 6.Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
In accordance with section 33(3) to (5) of the 2014 Act (code of practice: discrimination), the
Secretary of State has—
(a) consulted the bodies specified in section 33(3)(a) and (b),
(b) consulted such persons representing the interests of landlords and tenants as the Secretary of
State considered appropriate, in accordance with section 33(3)(c),
(c) published a draft revised code after the consultation under section 33(3),
(d) considered representations made about the published draft revised draft code, and
(e) laid a draft revised code before Parliament with modifications to the code to reflect the
representations.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Immigration (Restrictions on Employment
and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment)
Regulations 2026 and come into force on 1st October 2026.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendment of the Immigration (Restrictions on Employment) Order 2007
2.—(1) The Immigration (Restrictions on Employment) Order 2007(4) is amended as follows.
(2) In article 2 (interpretation)—
(a) after the definition of “the 2006 Act”—
(i)omit “and”, and
(ii)insert—
““the 2025 Act” means the Data (Use and Access) Act 2025(5);”;
(b) for the definition of “document” substitute—
““document” means—
(a) an original document, or
(b) where the original document is an official document giving a person’s
permanent National Insurance Number and their name issued by a Government
agency, a digital version of that document issued by the Government agency;”;
(c) in the appropriate places, insert—
““digital verification services” has the same meaning as in Part 2 of the 2025 Act
(see section 27(2) and (3) of that Act);”
““DVS identity check” means the response generated by an RtW DVSP using
digital verification services when undertaking identity verification with respect to
a person;”
““DVS register” means the register of persons established and maintained by the
Secretary of State under section 32 of the 2025 Act;”
““relevant DVS document” means—
(4) S.I. 2007/3290, amended by S.I. 2014/1183, 2018/1340, 2022/242, 2024/78; there are other amending instruments but none
is relevant.
(5) 2025 c. 18.
2Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(a) the digital version (if any) of a document listed in the Schedule provided to an
RtW DVSP by a Government department or Government agency,
(b) a passport (current or expired by not more than six months) showing that the
holder is a British citizen, or
(c) a passport or passport card (in either case, whether current or expired by not
more than six months) showing that the holder is an Irish citizen;”
““RtW DVSP” means a person registered in the DVS register under section 33(1)
of the 2025 Act in relation to whom there is a note pursuant to section 36(2) of that
Act that the person provides right to work digital verification services(6);”;
(d) omit the definitions of “identity document validation technology”, “IDVT identity check”,
“IDVT identity service provider” and “relevant IDVT document”.
(3) In article 3(1) (excuse from paying civil penalty), in the opening words, for “article 5”
substitute “articles 5 and 5B(3) and (4)”.
(4) In article 3A—
(a) in paragraph (1)—
(i)in sub-paragraph (a)—
(aa)for “IDVT identity service provider an IDVT” substitute “RtW DVSP a
DVS”;
(bb)for “IDVT”, in the last place it occurs, substitute “DVS”;
(ii)in sub-paragraph (b)—
(aa)for “IDVT identity service provider” substitute “RtW DVSP”;
(bb)for “IDVT”, in the second place it occurs, substitute “DVS”;
(iii)omit sub-paragraph (c) and the “and” after it;
(iv)after-sub-paragraph (d), insert—
“(e) obtains from the RtW DVSP—
(i)confirmation that it is registered in the DVS register and that there is
a note in its entry on that register that it provides digital verification
services in accordance with the RtW supplementary code, and
(ii)confirmation that the digital verification services it is providing in
respect of the DVS identity check are being provided in accordance
with the RtW supplementary code, and
(f) where a facial recognition check is conducted by the RtW DVSP for the
purpose of confirming the employee’s identity—
(i)obtains copies of the facial image of the employee within the
relevant DVS document or other document and of the facial image
of that person in a format that cannot subsequently be altered,
(ii)obtains confirmation from the RtW DVSP that the images are of the
rightful holder of the relevant DVS document or other document,
and
(iii)securely retains clear copies of those images and that confirmation
for a period of not less than two years after the employment has
come to an end.”;
(6) This is a note in the entry relating to the person in the DVS register that the person provides, in accordance with a set of
rules (known as a supplementary code) published under section 29(1) of the Data (Use and Access) Act 2025, the services in
respect of which the person applied for the note under section 36(1)(b) of that Act.
3Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(b) in paragraph (2), for “article 5A” substitute “articles 5A and 5B(3) and (4)”.
(c) after paragraph (2), insert—
“(3) In this article, “RtW supplementary code” means any supplementary code, or
revised version of any supplementary code, in force for right to work digital verification
services published, or republished as revised, under section 29 of the 2025 Act(7).”.
(5) In article 4(1), in the opening words, after “and (3)”, insert “and subject to article 5B(3) and
(4),”.
(6) In article 4A(1), in the opening words, after “paragraph (2)”, insert “and subject to article
5B(3) and (4),”.
(7) in article 4B (excusal from paying civil penalty: Home Office online right to work online
checking service)—
(a) in paragraph (1)—
(i)in the opening words, after “and (3)”, insert “and subject to article 5B(3) and (4)”;
(ii)after sub-paragraph (d), omit “and”;
(iii)after sub-paragraph (e), insert “and
“(f) where a facial recognition check is conducted by an RtW DVSP for
the purpose of confirming the employee’s identity—
(i)obtains copies of the facial image of the employee from the online
right to work check and of the facial image of that person in a
format that cannot subsequently be altered,
(ii)obtains confirmation from the RtW DVSP that the images are of
the rightful holder of the document, and
(iii)securely retains clear copies of those images and that confirmation
for a period of not less than two years after the employment has
come to an end.”;
(b) after paragraph (1), insert—
“(1A) Where an employer relies on digital facial recognition technology for the purpose
of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP.”.
(8) After article 5A, insert—
“Excusal from paying civil penalty: further requirements relating to extension of
liability under section 15 of the 2006 Act
5B.—(1) Paragraph (2) applies where a person (“A”)—
(a) is contracted to provide, or arrange for the provision of, work or services and enters
into a contract with another person (“C”) under which C is to provide or arrange for
the provision of the work or services and C enters into a contract with an individual
(“B”) who is to provide the work or services, or
(b) is an online matching service who provides the details of another person (“C”) who
is a service provider(8) to potential clients or customers and as a result of being
matched by A, C enters into a contract with a client or customer for the provision
(7) Copies of the supplementary codes (1.0) and (0.4) currently in force for digital right to work checks can be obtained free
of charge from the Office for Digital Identities and Attributes, Department for Science, Innovation and Technology, 22-26
Whitehall, London SW1A 2EG and online at https://www.gov.uk/government/collections/supplementary-codes-for-digital-
verification-services.
(8) For the meaning of “online matching service” and “service provider”, see section 14A(3) of the Immigration, Asylum and
Nationality Act 2006. Section 14A of that Act was inserted by section 48 of the Border Security, Asylum and Immigration
Act 2025 (c. 31).
4Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
of work or services and into a contract with an individual (“B”) who is to provide
the work or services.
(2) Where this paragraph applies, the requirements in relation to the employment of B
for the purposes of section 15 of the 2006 Act (excusal of employer from paying a penalty:
prescribed requirements) are that—
(a) before commencement of the work or services by B or, where B substitutes another
individual to provide the work or services, that other individual, A has produced a
written statement which requires the following terms to be included in the contract
between A and C—
(i)a requirement for C to comply with the requirements for excusal from paying
a penalty in relation to B or the other individual (as the case may be);
(ii)a prohibition of C from entering into a contract with another person for
that other person to arrange for the provision of the work or services by an
individual unless—
(aa)A has consented in writing, and
(bb)that other person who is to enter into a contract with the individual
complies, in respect of the individual, with the requirements for
excusal from paying a penalty;
(iii)permission for A, whenever A so requests, to conduct audits of C’s compliance
with—
(aa)the requirement referred to in paragraph (i), and
(bb)the prohibition referred to in paragraph (ii);
(iv)enforcement provisions against C where—
(aa)contrary to section 15 of the 2006 Act, C employs an adult subject to
immigration control(9) in the circumstances set out in subsection (1)
of that section, and
(bb)C is not excused from paying a penalty by virtue of subsection (3) of
that section;
(v)the requirement for C to include in its contract with B enforcement provisions
against B where C knows, or has reasonable cause to believe, that B is
committing an offence under section 24B of the Immigration Act 1971 (illegal
working)(10);
(vi)the requirement for C to cooperate with any investigation by the Secretary
of State relating to the employment or suspected employment by C of an
adult subject to immigration control contrary to section 15 of the 2006 Act by
providing the following information to the Secretary of State—
(aa)in respect of the chain of contracts ending with and including the
contract between C and B, the make-up of the chain and the purpose
of each contract in it,
(bb)in respect of each contracting party other than B in the chain of
contracts, its official name, whether it is a sole trader, body corporate
or unincorporate or partnership and, if it is a partnership, the type of
partnership, its registered address or, where it does not have one, its
(9) For the meanings of “adult”, “subject to immigration control” and the reference to employment, see section 25 of the
Immigration, Asylum and Nationality Act 2006, as amended by section 48(5) of the Border Security, Asylum and Immigration
Act 2025.
(10) 1971 c. 77; section 24B was inserted by the Immigration Act 2016 (c. 19), section 34(3).
5Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
principal place of business, and, if applicable, its company registration
number, and
(cc)any other information which the Secretary of State considers is, or
may be, relevant to the investigation; and
(b) for the duration of B’s employment, A maintains systems and processes that ensure
that the individual who is providing the work or services is the same individual.
(3) Nothing in the articles referred to in paragraph (5)(c) applies to A in the circumstances
set out in paragraphs (1) and (2).
(4) Where a person (“D”) employs an individual (“E”) to provide work or services, the
requirements in relation to the employment of E for the purposes of section 15(3) of the 2006
Act are that—
(a) where there is a clause in the contract of employment which permits E to substitute
another individual (“F”) to provide the work or services—
(i)D complies, in relation to F as well as E, with the requirements for excusal
from paying a penalty,
(ii)D prohibits F from providing the work or services before D has complied with
those requirements in relation to F, and
(iii)D has included in the contract enforcement provisions against E—
(aa)where D or E knows, or has reasonable cause to believe, that F is
committing an offence under section 24B of the Immigration Act
1971, and
(bb)where D is unable to meet the condition in paragraph (i) due to F’s
failure to cooperate with D; and
(b) for the duration of E’s employment, D maintains systems and processes that ensure
that E, or, as the case may, be F is the same individual.
(5) In this article—
(a) a reference to “work or services” includes part of the work or services;
(b) “enforcement provisions” means provisions to prevent illegal working which may
include but are not limited to provisions for the suspension or termination of the
contract; and
(c) “the requirements for excusal from paying a penalty” means the requirements set
out in—
(i)articles 3(1), 5 and 6,
(ii)articles 3A, 5A and 6A(2),
(iii)articles 4, 5 and 6,
(iv)articles 4A, 5 and 6, or
(v)articles 4B, 5 and 6(2).”.
(9) In article 6—
(a) in paragraph (1)—
(i)after sub-paragraph (f), insert “and”;
(ii)at the end, for “; and” substitute a full stop;
(b) after paragraph (1), insert—
“(1A) Where an employer relies on digital facial recognition technology for the purpose
of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP.”.
6Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(10) In article 6A—
(a) omit paragraph (1);
(b) in paragraph (2)(b), for “IDVT” substitute “DVS”.
(11) For article 11 (code of practice: civil penalties) substitute—
“Code of practice: civil penalties
11. The revised code of practice entitled “Code of practice on preventing illegal working:
Right to Work Scheme for employers”, issued by the Secretary of State on 24th June 2026
under section 19(1) and (3) of the 2006 Act and laid in draft before Parliament on 30th June
2026, comes into force on 1st October 2026(11).”.
(12) For article 12 (code of practice: discrimination) substitute—
“Code of practice: discrimination
12. The revised code of practice entitled “Code of practice for employers: Avoiding
unlawful discrimination while preventing illegal working”, issued by the Secretary of State on
24th June 2026 under section 23(1) and (5) of the 2006 Act and laid in draft before Parliament
on 30th June 2026, comes into force on 1st October 2026(12).”.
(13) In the Schedule (lists of documents), in List A, in paragraph 1, omit the words from “or
a” to the end.
Amendment of the Illegal Working Compliance Orders Regulations 2016
3.—(1) The Illegal Working Compliance Orders Regulations 2016(13) are amended as follows.
(2) In regulation 2 (interpretation)—
(a) before the definition of “administrative review”, insert—
““the 2025 Act” means the Data (Use and Access) Act 2025;”;
(b) for the definition of “document” substitute—
““document” means—
(a) an original document, or
(b) where the original document is an official document giving a person’s
permanent National Insurance Number and their name issued by a Government
agency, a digital version of that document issued by the Government agency.”;
(c) in the appropriate places, insert—
““digital verification services” has the same meaning as in Part 2 of the 2025 Act
(see section 27(2) and (3) of that Act);”
““DVS identity check” means the response generated by an RtW DVSP using
digital verification services when undertaking identity verification with respect to
a person;”
““DVS register” means the register of persons established and maintained by the
Secretary of State under section 32 of the 2025 Act;”
(11) A copy of this Code as laid in draft and final forms can be obtained free of charge from the Home Office, Civil Penalty
Compliance Team, PO Box 665, Salford, M5 0LY and online at https://www.gov.uk/government/publications/illegal-working-
penalties-codes-of-practice-for-employers.
(12) A copy of this Code as laid in draft and final forms can be obtained free of charge from the Home Office, Civil Penalty
Compliance Team, PO Box 665, Salford, M5 0LY and online at https://www.gov.uk/government/publications/right-to-work-
checks-code-of-practice-on-avoiding-discrimination.
(13) S.I. 2016/1058, amended by S.I. 2022/242; there are other amending instruments but none is relevant.
7Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
““relevant DVS document” means—
(a) the digital version (if any) of a document listed in Schedule 1 or 2 provided to
an RtW DVSP by a Government department or Government agency,
(b) a passport (current or expired by not more than six months) showing that the
holder is a British citizen, or
(c) a passport or passport card (in either case, whether current or expired by not
more than six months) showing that the holder is an Irish citizen;”
““RtW DVSP” means a person registered in the DVS register under section 33(1)
of the 2025 Act in relation to whom there is a note pursuant to section 36(2) of that
Act that the person provides right to work digital verification services.”;
(d) omit the definitions of “biometric immigration document”, “derivative right of residence”,
“identity document validation technology”, “IDVT identity check”, “IDVT identity
service provider”, “registration certificate”, “relevant IDVT document” and “residence
card”.
(3) In regulation 4A (right to work checks: IDVT identity check)—
(a) in the heading, for “IDVT” substitute “DVS”;
(b) the existing text becomes paragraph (1);
(c) in that paragraph—
(i)in sub-paragraph (a)—
(aa)for “IDVT identity service provider an IDVT” substitute “RtW DVSP a
DVS”;
(bb)for “IDVT”, in the last place it occurs, substitute “DVS”;
(ii)in sub-paragraph (b)—
(aa)for “IDVT identity service provider” substitute “RtW DVSP”;
(bb)for “IDVT”, in the second place it occurs, substitute “DVS”;
(iii)omit sub-paragraph (c) and the “and” after it;
(iv)after sub-paragraph (d), insert “, and
“(e) obtain from the RtW DVSP—
(i)confirmation that it is registered in the DVS register and that there
is a note relating to it in that register that it provides services in
accordance with the RtW supplementary code, and
(ii)confirmation that the digital verification services it is providing in
respect of the DVS identity check are being provided in accordance
with the RtW supplementary code, and
(f) where a facial recognition check is conducted by the RtW DVSP for the
purpose of confirming the employee’s identity—
(i)obtain copies of the facial image of the employee within the
relevant DVS document or other document and of the facial image
of that person in a format that cannot subsequently be altered,
(ii)obtain confirmation from the RtW DVSP that the images are of the
rightful holder of the relevant DVS document or other document,
and
8Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(iii)securely retain clear copies of those images and that confirmation
for a period of not less than two years after the employment has
come to an end.”;
(d) after paragraph (1), insert—
“(2) In this regulation, “RtW supplementary code” means any supplementary code, or
revised version of any supplementary code, in force for right to work digital verification
services published, or republished as revised, under section 29 of the 2025 Act(14).”.
(4) In regulation 5A (right to work checks: Home Office online right to work checking service)—
(a) in paragraph (1)—
(i)after sub-paragraph (d), omit “and”;
(ii)after sub-paragraph (e), insert “; and
“(f) where a facial recognition check is conducted by an RtW DVSP for
the purpose of confirming the employee’s identity—
(i)obtain copies of the facial image of the employee from the online
right to work check and of the facial image of that person in a
format that cannot subsequently be altered,
(ii)obtain confirmation from the RtW DVSP that the images are of the
rightful holder of the document, and
(iii)securely retain clear copies of those images and that confirmation
for a period of not less than two years after the employment has
come to an end.”;
(b) after paragraph (1), insert—
“(1A) Where an employer relies on digital facial recognition technology for the purpose
of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP.”.
(5) In regulation 6 (right to work checks: general requirements), after paragraph (1), insert—
“(1A) Where an employer relies on digital facial recognition technology for the purpose
of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP.”.
(6) In regulation 6A (right to work checks: IDVT identity checks—requirements)—
(a) in the heading, for “IDVT” substitute “DVS”;
(b) omit paragraph (1);
(c) in paragraph (2)—
(i)in the opening words, for “4A(d)” substitute “4A(1)(d)”;
(ii)in sub-paragraph (a), for “4A(b)” substitute “4A(1)(b)”;
(iii)in sub-paragraph (b), for “IDVT” substitute “DVS”.
(7) In regulation 9B (documents to be produced to an immigration officer: IDVT identity check)
—
(a) in the heading, for “IDVT” substitute “DVS”;
(b) for “IDVT” substitute “DVS”.
(8) In Schedule 1, in paragraph 1, omit the words from “or a” to the end.
(14) Copies of the supplementary codes (1.0) and (0.4) currently in force for digital right to work checks can be obtained free
of charge from the Office for Digital Identities and Attributes, Department for Science, Innovation and Technology, 22-26
Whitehall, London, SW1A 2EG and online at https://www.gov.uk/government/collections/supplementary-codes-for-digital-
verification-services.
9Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Amendment of the Immigration (Residential Accommodation) (Prescribed Requirements
and Codes of Practice) Order 2014
4.—(1) The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of
Practice) Order 2014(15) is amended as follows.
(2) In article 2 (interpretation)—
(a) before the definition of “the Act”, insert—
““the 2025 Act” means the Data (Use and Access) Act 2025;”;
(b) in the definition of “document”, at the end, insert “including the digital version (if any)”;
(c) in the appropriate places, insert—
““digital verification services” has the same meaning as in Part 2 of the 2025 Act
(see section 27(2) and (3) of that Act);”
““DVS identity check” means the response generated by an RtR DVSP using
digital verification services when undertaking identity verification with respect to
a person;”
““DVS register” means the register of persons established and maintained by the
Secretary of State under section 32 of the 2025 Act;”
““relevant DVS document” means—
(a) the digital version (if any) of a document listed in the Schedule provided to an
RtR DVSP by or on behalf of the person who issued the document,
(b) a passport (current or expired by not more than six months) showing that the
holder is a British citizen, or
(c) a passport or passport card (in either case, whether current or expired by not
more than six months) showing that the holder is an Irish citizen;”
““RtR DVSP” means a person registered in the DVS register under section 33(1) of
the 2025 Act in relation to whom there is a note pursuant to section 36(2) of that Act
that the person provides right to rent digital verification services;”;
(d) omit the definitions of “biometric immigration document”, “derivative residence card”,
“identity document validation technology”, “IDVT identity check”, “IDVT identity
service provider”, “permanent residence card”, “registration certificate”, “relevant IDVT
document” and “residence card”.
(3) In article 3(aa), for “IDVT” substitute “DVS”.
(4) In article 5—
(a) the existing text becomes paragraph (1);
(b) after paragraph (1), insert—
“(2) Where a landlord or agent relies on digital facial recognition technology for the
purpose of meeting the requirement in paragraph (1)(b), it must be provided by an RtR
DVSP.”.
(5) In article 5ZA—
(a) the existing text becomes paragraph (1);
(b) in that paragraph—
(i)in sub-paragraph (a)—
(15) S.I. 2014/2874, amended by S.I. 2020/1047, 2022/242, 2024/78; there are other amending instruments but none is relevant.
10Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(aa)for “IDVT identity service provider an IDVT” substitute “RtR DVSP a
DVS”;
(bb)for “IDVT” in the last place it occurs, substitute “DVS”;
(ii)in sub-paragraph (b)—
(aa)for “IDVT identity service provider” substitute “RtR DVSP”;
(bb)for “IDVT”, in the second place it occurs, substitute “DVS”;
(iii)omit sub-paragraph (c) and the “and” after it;
(iv)after sub-paragraph (d), insert “, and
“(e) obtains from the RtR DVSP—
(i)confirmation that it is registered in the DVS register and that there
is a note relating to it in that register that it provides services in
accordance with the RtR supplementary code, and
(ii)confirmation that the digital verification services it is providing in
respect of the DVS identity check are being provided in accordance
with the RtR supplementary code, and
(f) where a facial recognition check is conducted by the RtR DVSP for
the purpose of confirming the occupier’s or prospective occupier’s
identity—
(i)obtains copies of the facial image of the occupier or prospective
occupier within the relevant DVS document or other document
and of the facial image of that person in a format that cannot
subsequently be altered,
(ii)obtains confirmation from the RtR DVSP that the images are of the
rightful holder of the relevant DVS document or other document,
and
(iii)securely retains clear copies of those images and that confirmation
for a period of not less than one year after the residential tenancy
agreement has come to an end.”;
(c) at the end, insert—
“(2) In this article, “RtR supplementary code” means any supplementary code, or
revised version of any supplementary code, in force for right to rent digital verification
services published, or republished as revised, under section 29 of the 2025 Act(16).”.
(6) In article 5ZB—
(a) omit paragraph (1);
(b) in paragraph (2)(b), for “IDVT” substitute “DVS”.
(7) In article 5B—
(a) in paragraph (1)—
(i)after sub-paragraph (c), omit “and”;
(ii)after sub-paragraph (d) insert “; and
(16) Copies of the supplementary codes (1.0) and (0.4) currently in force for digital right to rent checks can be obtained free
of charge from the Office for Digital Identities and Attributes, Department for Science, Innovation and Technology, 22-26
Whitehall, London, SW1A 2EG and online at https://www.gov.uk/government/collections/supplementary-codes-for-digital-
verification-services.
11Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
“(e) where a facial recognition check is conducted by an RtR DVSP
for the purpose of confirming the occupier’s or prospective occupier’s
identity—
(i)obtains copies of the facial image of the occupier or prospective
occupier from the online right to rent check and of the facial image
of that person in a format that cannot subsequently be altered,
(ii)obtains confirmation from the RtR DVSP that the images are of the
rightful holder of the document, and
(iii)securely retains clear copies of those images and that confirmation
for a period of not less than one year after the residential tenancy
agreement has come to an end.”;
(b) after paragraph (1), insert—
“(2) Where a landlord or agent relies on digital facial recognition technology for the
purpose of meeting the requirement in paragraph (1)(c), it must be provided by an RtR
DVSP.”.
(8) For article 13 (code of practice: civil penalties) substitute—
“Code of practice: civil penalties
13. The revised code of practice entitled “Code of practice on right to rent: Right to Rent
Scheme for landlords and their agents”, issued by the Secretary of State on 24th June 2026
under section 32(1) and (5) of the Act and laid in draft before Parliament on 30th June 2026,
comes into force on 1st October 2026(17).”.
(9) For article 14 (code of practice: discrimination) substitute—
“Code of practice: discrimination
14. The revised code of practice entitled “Code of practice for landlords: Avoiding unlawful
discrimination when conducting ‘right to rent’ checks in the private rented residential sector”,
issued by the Secretary of State on 24th June 2026 under section 33(2) of the Act and laid in
draft before Parliament on 30th June 2026, comes into force on 1st October 2026(18).”.
(10) In the Schedule, in List A(1), in paragraph 1, omit the words from “or a” to the end.
Alex Norris
Minister of State
24th June 2026 Home Office
(17) A copy of this Code as laid in draft and final forms can be obtained free of charge from the Home Office, Civil Penalty
Compliance Team, PO BOX 665, Salford, M5 0LY and online at https://www.gov.uk/government/publications/right-to-rent-
landlords-code-of-practice.
(18) A copy of this Code as laid in draft and final forms can be obtained free of charge from the Home Office, Civil Penalty
Compliance Team, PO BOX 665, Salford, M5 0LY and online at https://www.gov.uk/government/publications/right-to-rent-
landlords-code-of-practice.
12Document Generated: 2026-06-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make amendments relating to the checks of immigration status that must be
undertaken by employers, in relation to the employment of employees, and by landlords or agents
for residential tenancies, in relation to occupiers or prospective occupiers, for those employers,
landlords or agents to be excused from liability for a civil penalty for employing or renting to
individuals without valid immigration status.
Regulation 2 amends the Immigration (Restrictions on Employment) Order 2007 (S.I. 2007/3290)
(“the 2007 Order”) and regulation 4 amends the Immigration (Residential Accommodation)
(Prescribed Requirements and Codes of Practice) Order 2014 (S.I. 2014/2874) to extend the scope
for the digital verification of documentation which may prove immigration status and to provide
for new codes of practice on civil penalties and avoiding unlawful discrimination. Regulation 3
makes analogous amendments to the Illegal Working Compliance Orders Regulations 2016 (S.I.
2016/1058) to extend the scope for the digital verification of documents relating to an individual’s
right to work which a court may require a person specified in an illegal working compliance order
to produce to an immigration officer.
Regulation 2 also inserts a new article 5B into the 2007 Order to set out the circumstances in which
the excusal from liability to a civil penalty applies to—
(a) a person contracted to provide, or arrange for the provision of, work or services who has entered
into a contract with another person to provide or arrange for the provision of the work or
services where that other person enters into a contract with an individual who is to provide
the work or services;
(b) an online matching service who provides the details of another person who is a service provider
to a potential client or customer and who, as a result of being matched with that client or
customer, enters into a contract with them and with an individual who is to provide the work
or services; and
(c) a person who employs an individual to provide work or services where there is a clause in the
contract of employment which permits that individual to substitute another person to provide
the work or services.
An impact assessment in relation to the extension of the scope of employers required to carry out
right to work checks to other working arrangements when this was introduced by amendments to
the Immigration, Asylum and Nationality Act 2006 (c. 13) (by section 48 of the Border Security,
Asylum and Immigration Act 2025 (c. 31)) is published alongside this instrument and available on
legislation.gov.uk. An economic note in relation to the requirements for right to work and right to rent
checks to be completed through registered digital verification services is also published alongside
this instrument and available on legislation.gov.uk.
13