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Amendment of section 27 of Act of 2006
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27. Section 27 of the Act of 2006 is amended—
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(a) in subsection (1) by deleting “(other than a permit granted on foot of an application by the foreign national)”,
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(b) by deleting subsection (2),
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(c) in subsection (3) by deleting “or, in the case of a permit falling within subsection (2), the second-mentioned person in that subsection (in subsection (5)(b) referred to as the ‘second-mentioned person’)”,
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(d) in subsection (4), in paragraph (c) —
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(i) by substituting “one or more foreign nationals are” for “more than one foreign national is”, and
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(ii) by substituting “an employment permit” for “2 or more employment permits”,
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(e) in subsection (5) —
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(i) by deleting “or (2) ”, and
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(ii) in paragraph (b), by deleting “or, as the case may be, the second-mentioned person”,
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(f) by inserting the following subsections after subsection (5):
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“(5A) A connected person shall keep, in relation to the foreign national to whom an employment permit for the purpose referred to in section 3A(2)(d) has been granted, a record of the employment concerned, a record of the duties carried out by the foreign national or the training programme concerned, the duration of the employment and particulars of the permit and that record shall be kept for the period specified in subsection (5).
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(5B) Where the connected person makes, pursuant to section 3D(1)(b), the payment for board and accommodation, or either of them, or health insurance, the connected person shall—
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(a) keep and have available for inspection by an authorised officer exercising his or her powers under this Act the records, specified in subsection (5C) in respect of the foreign national to whom the employment permit referred to in subsection (5A) has been granted at the premises or place of business of that connected person in or at which the duties or training programme is carried out in the State, and
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(b) furnish, when requested by the Minister to do so, information to the Minister concerning the records referred to in paragraph (a).
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(5C) The records referred to in subsection (5B) are—
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(a) records relating to the payment for—
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(i) board and accommodation, or either of them, and
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(ii) health insurance,
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and
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(b) if one or more foreign nationals are, pursuant to an employment permit granted for the purpose referred to in section 3A(2)(d), carrying out duties for, or participating in a training programme provided by, the connected person, records of the number for the time being, if any, of those foreign nationals who are nationals of a Member State referred to in subsection (4)(c)(i) or a state referred to in subsection (4)(c)(ii).”,
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and
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(g) in subsection (6) by substituting “, (3), (5A) or (5B)” for “, (2) or (3) ”.
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