Legalize / United Kingdom / Public General Act

Immigration Act 2014

Type Public General Act

Publication 2014-05-14

Last updated 2026-02-04

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(b) section 95 (provision of support to asylum seekers etc);

Mobile homes

9

An agreement to which the Mobile Homes Act 1983 applies.

Tied accommodation

10

(1) An agreement that grants a right of occupation of tied accommodation.

(2) “Tied accommodation” means accommodation that is provided—

(a) by an employer to an employee in connection with a contract of employment, or

(b) by a body providing training in a trade, profession or vocation to an individual in connection with that training.

(3) In this paragraph “employer” and “employee” have the same meanings as in the Employment Rights Act 1996 (see section 230 of that Act).

Student accommodation

11

(1) An agreement that grants a right of occupation in a building which—

(a) is used wholly or mainly for the accommodation of students, and

(b) satisfies either of the following conditions.

(2) The first condition is that the building is owned or managed by any of the following—

(a) an institution within the meaning of paragraph 5 of Schedule 1 to the Local Government Finance Act 1992;

(b) a body that is specified in regulations made under Article 42(2A) of the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28));

(3) The second condition is that the building is a hall of residence.

(4) In this paragraph and paragraph 12 “student”—

(a) in relation to England and Wales or Scotland, has the same meaning as in paragraph 4 of Schedule 1 to the Local Government Finance Act 1992;

(b) in relation to Northern Ireland, means a person who satisfies such conditions as to education or training as may be specified in regulations made under Article 42(2A) of the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28)).

12

An agreement under which accommodation is provided to a student who has been nominated to occupy it by an institution or body of the kind mentioned in paragraph 11(2).

Long leases

13

(1) An agreement that—

(a) is, or is for, a long lease, or

(b) grants a right of occupation for a term of 7 years or more.

(2) “Long lease” means—

(a) in relation to England and Wales, a lease which is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be such a lease if the tenant's total share (within the meaning given by that section) were 100 per cent;

(b) in relation to Scotland, has the meaning given by section 9(2) of the Land Registration (Scotland) Act 2012.

(3) An agreement does not grant a right of occupation for a term of 7 years or more if the agreement can be terminated at the option of a party before the end of 7 years from the commencement of the term.

Interpretation

14

(1) This paragraph applies for the purposes of this Schedule.

(2) “Building” includes a part of a building.

(3) “Enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(4) “Local authority” means—

(a) in relation to England—

(i) a county, district or parish council in England,

(ii) a London borough council,

(iii) the Common Council of the City of London in its capacity as a local authority, or

(iv) the Council of the Isles of Scilly;

(b) in relation to Wales, any county, county borough or community council in Wales;

(d) in relation to Northern Ireland, a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)).

SCHEDULE 4

PART 1 — Marriage

Introduction

1

The Marriage Act 1949 is amended in accordance with this Part of this Schedule.

Supply of additional information and evidence

2

(1) Section 27 (notice of marriage) is amended in accordance with this paragraph.

(2) In subsection (3), after “surname,” insert “ the date of birth, ”.

(3) In subsection (4), for “27A” substitute “ 27ZA ”.

3

(1) After section 27 insert—

(27ZA) The superintendent registrar shall not enter the particulars relating to a marriage in the marriage notice book in accordance with section 27(4), or in an approved electronic form by virtue of section 27(4A), in a case where any of the following requirements is applicable but is not complied with— (a) a requirement imposed by or under any of the following provisions of this Act— - section 27A(2) or (3); - section 27A(4); - section 27B(2); - section 27E(3) to (7); - section 27E(8); - section 28B(1); - section 28C(4) or (6); (b) the requirement imposed by section 19(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

(2) Omit section 27A(5).

4

After section 27D insert—

(27E) (1) This section applies to notice of marriage given to a superintendent registrar in accordance with section 27 if one, or each, of the parties to the proposed marriage is not a relevant national. (2) But this section does not apply if section 39A applies to the proposed marriage. (3) For each party to the proposed marriage who is not a relevant national, the notice must include whichever of statements A, B or C is applicable to that person. (4) Statement A is a statement that the person has the appropriate immigration status. (5) Statement B is a statement that the person holds a relevant visa in respect of the proposed marriage. (6) Statement C is a statement that the person neither— (a) has the appropriate immigration status, nor (b) holds a relevant visa in respect of the proposed marriage. (7) If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed marriage)—

If the notice includes this statement...	...the notice must be accompanied by...
Statement A (in respect of one or both of the parties to the proposed marriage)	For each party in respect of whom statement A is made, details of the particular immigration status which that party has
Statement B (in respect of one or both of the parties to the proposed marriage)	1For each party, a specified photograph of that party2For each party in respect of whom statement B is made, details of the relevant visa which that party has
Statement C (in respect of one or both of the parties to the proposed marriage)	1For each party, a specified photograph of that party2For each party, the usual address of that party3For each party whose usual address is outside the United Kingdom, an address in the United Kingdom at which that party can be contacted by post4For each party who has previously used any name or names other than the person's name stated in the notice in accordance with section 27(3), a statement of the other name or names5For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases

(8) If the notice contains more than one of statements A, B and C, subsection (7) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (7) does not require the notice to be accompanied by more than one specified photograph of each party. (9) If the notice includes statement C for a party to the proposed marriage— (a) the notice may be accompanied by a statement (“statement D”) of that person's immigration position in the United Kingdom; (b) if the notice is accompanied by statement D for a party to the proposed marriage, the person may provide the superintendent registrar with details of his or her immigration position in the United Kingdom; and (c) if any such details are provided, the superintendent registrar must record them. (10) In this section— (a) a reference— (i) to a person having the appropriate immigration status, or (ii) to a person holding a relevant visa, has the same meaning as in section 49 of the Immigration Act 2014; (b) a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has; (c) a reference to a person's immigration position in the United Kingdom includes a reference to the person's not being entitled to be in the United Kingdom. (11) In this section “specified photograph” means a photograph that is in accordance with regulations made under section 28G (and for this purpose “photograph” includes other kinds of images).

5

In section 28 (declaration to accompany notice of marriage), in subsection (1), after paragraph (c) insert—

(d) that he or she believes all of the information stated in the notice, and all information and evidence supplied with the notice, is true.

6

(1) Section 28A (power to require evidence) is amended in accordance with this paragraph.

(2) For the title substitute “ Power to require evidence of consent to marriages of same sex couples ”.

(3) Omit subsection (1).

(4) In subsection (2), for the words before “may” substitute “ A requirement under subsection (1A) ”.

(5) Omit subsection (3).

7

After section 28A insert—

(28B) (1) A notice of marriage under section 27 must, in relation to each of the parties to the marriage, be accompanied by specified evidence of the following matters— (a) the person's name and surname; (b) the person's date of birth; (c) the person's place of residence; (d) the person's nationality. (2) A person giving a notice of marriage under section 27 must provide the superintendent registrar to whom the notice is given with specified evidence— (a) as to whether the person has previously been married or formed a civil partnership; and (b) if so, as to the ending of the marriage or civil partnership. (3) In this section “specified evidence” means evidence that is in accordance with regulations made under section 28G. (28C) (1) This section applies to notice of marriage given to a superintendent registrar in accordance with section 27 if one, or each, of the parties to the proposed marriage is not a relevant national. (2) If the notice includes statement A (referred to in section 27E(4)), and accordingly is accompanied by details of the particular immigration status which a party to the proposed marriage has, the notice must be accompanied by specified evidence of that status. (3) If the notice includes statement B (referred to in section 27E(5)), the notice must be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed marriage. (4) If, in accordance with section 27E(7), the notice is accompanied by the usual address of a party to the proposed marriage, the notice must also be accompanied by specified evidence that it is that party's usual address. (5) If the notice includes statement D (referred to in section 27E(9)), the notice may be accompanied by evidence of the person's immigration position in the United Kingdom. (6) If subsection (2) or (3) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by— (a) photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 27E(7); (b) as respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party's usual address; and (c) addresses, names and aliases of the kinds referred to in paragraphs 3 to 5 in the relevant entry in section 27E(7) (insofar as those paragraphs are applicable to the parties to the proposed marriage). (7) In this section— - “relevant entry in section 27E(7)” means the second column of the last entry in the table in section 27E(7); - “specified evidence” means evidence that is in accordance with regulations made under section 28G. (28D) (1) The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of— (a) notice of a person's usual address, if the person's notified usual address changes; (b) notice of a UK contact address, if the person's notified usual address is not in the United Kingdom; (c) notice of a person's UK contact address, if the person's notified UK contact address changes; (d) evidence of any address notified in accordance with regulations under paragraph (a), (b) or (c). (2) The provision that may be made in regulations under this section includes— (a) provision imposing a requirement on a person; (b) provision about the rejection of information or evidence which there are reasonable grounds to suspect to be false. (3) Regulations under subsection (1)(d) may, in particular, make any provision of the kind that may be made under section 28G(3). (4) Regulations under this section are to be made by statutory instrument; and a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament. (5) In this section— - “notified UK contact address” means an address in the United Kingdom, at which a person can be contacted by post, that has been notified in accordance with— 1. section 27E(7) or 28C(6), or 2. regulations under this section; - “notified usual address” means the usual address of a person that has been notified in accordance with— 1. section 27E(7) or 28C(6), or 2. regulations under this section. (28E) (1) A superintendent registrar may reject— (a) any information or photograph provided under section 27, 27E or 28C, or (b) any evidence provided under section 28A, 28B or 28C, if (in particular) the superintendent registrar has reasonable grounds for suspecting that the information, photograph or evidence is false. (2) If the superintendent registrar rejects any information, photograph or evidence, the superintendent registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided. (3) This section does not limit the powers of superintendent registrars to reject anything provided under any other enactment. (28F) (1) The Secretary of State may by order— (a) amend section 27, 27E or 28C so as to vary the information that must or may be given in cases where that section applies; (b) amend section 28B or 28C so as to vary the matters in respect of which evidence must or may be given in cases where that section applies; (c) make such provision (including provision amending section 27ZA, 28D or 28G or any other enactment) as the Secretary of State considers appropriate in consequence of provision made under paragraph (a) or (b). (2) The Secretary of State must consult the Registrar General before making an order under this section. (3) An order under this section is to be made by statutory instrument; and no statutory instrument containing such an order may be made unless a draft of it has been laid before, and approved by resolution of, each House of Parliament. (28G) (1) The Registrar General may make regulations about the evidence that is required to be given for the purposes of section 8, 16 or 28B. (2) The Secretary of State may make regulations about the evidence that is required to be given for the purposes of section 28C. (3) Regulations under this section may, in particular, make provision about— (a) the kind of evidence which is to be supplied; (b) the form in which evidence is to be supplied; (c) the manner in which evidence is to be supplied; (d) the period within which evidence is to be supplied; (e) the supply of further evidence; (f) the sufficiency of evidence supplied; (g) the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made); (h) the retention or copying of evidence supplied. (4) In this section “evidence” includes a photograph or other image. (5) The Secretary of State must consult the Registrar General before making regulations under this section. (6) The Registrar General must obtain the approval of the Secretary of State before making regulations under this section. (7) Regulations under this section are to be made by statutory instrument. (8) A statutory instrument containing regulations under this section made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

Referral to Secretary of State

8

After section 28G insert—

(28H) (1) On every occasion when notice of marriage is given under section 27, a superintendent registrar must decide whether or not each of the parties to the proposed marriage is an exempt person. (2) But this section does not apply if section 39A applies to the proposed marriage. (3) In making a decision under subsection (1) about a party to a proposed marriage, a superintendent registrar may rely on any advice given in relation to that decision by the Secretary of State. (4) In a case where— (a) section 27E applies to the notice of marriage, and (b) specified evidence required by section 28C(2) or (3) in relation to a party to the proposed marriage is not produced in accordance with that section, the superintendent registrar must decide that that party to the proposed marriage is not an exempt person. (5) If the superintendent registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the superintendent registrar must— (a) refer the proposed marriage to the Secretary of State; (b) notify the parties to the proposed marriage that the proposed marriage must be referred to the Secretary of State; (c) give the parties to the proposed marriage prescribed information about— (i) the effects of the referral; (ii) the requirement under regulations under section 28D to notify the Secretary of State of changes of address. (6) The superintendent registrar must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed marriage to the Secretary of State. (7) Regulations may, in particular, make provision about— (a) the form, manner or timing of the referral of a proposed marriage; (b) information, photographs or evidence — or copies of any of those things — to be included with the referral of a proposed marriage. (8) Regulations are to be made by statutory instrument; and a statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament. (9) If the superintendent registrar refers the proposed marriage to the Secretary of State, this Act has effect in relation to the proposed marriage subject to the modifications in Schedule 3A. (10) In this section— (a) a reference to a person being an exempt person has the same meaning as in section 49 of the Immigration Act 2014; (b) “prescribed information” means information prescribed in regulations; (c) “regulations” means regulations made by the Secretary of State after consulting the Registrar General.

9

Before Schedule 4 insert—

SCHEDULE 3A (1) (1) These are the modifications subject to which this Act has effect if the superintendent registrar refers a proposed marriage to the Secretary of State. (2) In this Schedule— - “2014 Act” means the Immigration Act 2014; - “referred marriage” means the proposed marriage referred to the Secretary of State. (2) (1) The duty under section 31(2) to issue a certificate in respect of the referred marriage does not apply unless and until one of the following events occurs. (2) Event 1 occurs if— (a) the Secretary of State gives the superintendent registrar the section 48 notice, and (b) that notice is of a decision not to investigate whether the referred marriage is a sham. (3) Event 2 occurs if— (a) the relevant statutory period ends, and (b) the Secretary of State has not given the superintendent registrar the section 48 notice. (4) Event 3 occurs if— (a) the Secretary of State gives the superintendent registrar the section 48 notice, (b) that notice is of a decision to investigate whether the referred marriage is a sham, (c) the Secretary of State gives the superintendent registrar the section 50 notice, and (d) that notice is of a decision that both of the parties to the referred marriage have complied with the investigation. (5) Event 4 occurs if— (a) the 70 day period ends, and (b) the Secretary of State has not given the superintendent registrar the section 50 notice. (6) Event 5 occurs if the Secretary of State gives the superintendent registrar notice that the duty under section 31(2) is applicable. (7) The Secretary of State may give a notice for that purpose only if— (a) the Secretary of State has given the superintendent registrar the section 48 notice, (b) that notice is of a decision to investigate whether the referred marriage is a sham, (c) the Secretary of State has given the superintendent registrar the section 50 notice, and (d) that notice is of a decision that one or both of the parties to the referred marriage have not complied with the investigation. (8) This paragraph applies in addition to any other requirements applicable to the issue of the certificate. (9) This paragraph is subject to paragraph 4. (10) In this paragraph— - “70 day period” has the same meaning as in section 50 of the 2014 Act; - “relevant statutory period” has the same meaning as in section 48 of the 2014 Act; - “section 48 notice” means notice under section 48(7) of the 2014 Act; - “section 50 notice” means notice under section 50(7) of the 2014 Act. (3) (1) The modifications in this paragraph have effect if the Secretary of State gives the superintendent registrar notice under section 48(7) of the 2014 Act of a decision to investigate whether the referred marriage is a sham. (2) Section 31(2): the reference to the said period of 28 days has effect as a reference to the relevant 70 day period. (3) Section 31(4A)(a): the reference to the period of 28 days has effect as a reference to the relevant 70 day period. (4) Section 31(5A) and (5C): the reference to the 28 day period has effect as a reference to the relevant 70 day period. (5) Section 31(5B) does not apply. (6) Section 75(3)(a): the reference to 28 days has effect as a reference to 70 days (and the reference in section 31(5C) to 28 days has effect accordingly). (7) In this paragraph “relevant 70 day period” means the period— (a) beginning the day after notice of the proposed marriage is entered in the marriage book in accordance with Part 3 of the Marriage Act 1949, or is entered in an approved electronic form by virtue of section 27(4A) of that Act, and (b) ending at the end of the period of 70 days beginning with that day. (4) (1) This paragraph applies if— (a) the Secretary of State gives notice under section 31(5EB) of the grant of an application made under section 31(5A) (reduction of statutory period) in relation to the referred marriage, and (b) that notice is given at a time when the duty under section 31(2) to issue a certificate in respect of the referred marriage has not arisen in accordance with paragraph 2. (2) The duty under subsection 31(2) to issue a certificate in respect of the referred marriage arises on the giving of the notice, subject to any other requirements applicable to the issue of the certificate being met. (3) But the requirements of paragraph 2 are not applicable in such a case. (4) The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if a certificate in respect of the referred marriage is issued as mentioned in sub-paragraph (2). (5) But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, to conduct, or to continue, an investigation. (6) In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed marriage is a sham.

Notice period

10

(1) Section 31 (marriage under certificate without licence) is amended in accordance with this paragraph.

(2) In section 31—

(a) for “15 successive days” (in each place) substitute “ 28 successive days ”;

(b) for “15 days” (in each place) substitute “ 28 days ”;

(3) After subsection (5E) insert—

(5EA) If a proposed marriage is referred to the Secretary of State under section 28H— (a) any application under subsection (5A) is to be made to the Secretary of State; and (b) the power conferred by subsection (5A) is exercisable by the Secretary of State; and the reference to the Registrar General in subsection (5C) accordingly has effect as a reference to the Secretary of State. (5EB) If the Secretary of State grants an application made under subsection (5A), the Secretary of State must give notice of the grant of the application to the applicant and to the superintendent registrar to whom notice of the marriage was given. (5EC) Regulations under subsection (5D) do not apply to applications made to the Secretary of State in accordance with subsection (5EA). (5ED) The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (5EA). (5EE) The Secretary of State must consult the Registrar General before making regulations under subsection (5ED).

(4) In subsection (5H), after “(5D)” insert “ or (5ED) ”.

Marriage referred to Secretary of State: issue of certificates

11

(1) In section 31 (marriage under certificate without licence), at the end insert—

(7) This section has effect subject to section 31ZA.

(2) After section 31 insert—

(31ZA) (1) A superintendent registrar may refuse to issue a certificate under section 31(2) in a case where— (a) notice of marriage has been given under section 27, and (b) a superintendent registrar has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence. (2) If the superintendent registrar refuses to issue the certificate, the parties to the proposed marriage are to be taken not to have given notice under section 27; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice. (3) This section does not limit the powers of superintendent registrars to refuse to issue certificates under section 31 in respect of marriages. (4) In this section— - “evidence” includes a photograph or other image; - “exempt person” has the same meaning as in section 28H; - “relevant decision” means a decision of a superintendent registrar that a party to a proposed marriage is an exempt person.

(3) In section 31A (appeal on refusal under section 31(2)(a))—

(a) in the title, at the end insert “ or 31ZA ”;

(b) in subsection (1), after “31(2)(a)” insert “ or 31ZA ”;

(2A) In a case where— (a) in reliance on section 31ZA, a superintendent registrar refuses to issue a certificate, and (b) on an appeal against the refusal, the Registrar General directs that a certificate be issued, section 31ZA(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 27.

;

(d) after subsection (3) insert—

(3A) If— (a) relying on section 31ZA, a superintendent registrar refuses to issue a certificate, and (b) on an appeal against the refusal, the Registrar General declares the appeal to have been frivolous, the person making the appeal is liable for the costs of the proceedings before the Registrar General.

;

(e) in subsection (4)—

(i) for “such costs and damages” substitute “ costs and damages in accordance with subsection (3) or (3A) ”;

(ii) at the end insert “ (in the case of subsection (3)) or evidence that the Registrar General has declared the appeal to have been frivolous (in the case of subsection (3A)) ”.

Certificates

12

(1) Section 35 (marriage in registration district in which neither party resides) is amended in accordance with sub-paragraphs (2) and (3).

(2) After subsection (3) insert—

(3A) In a case where one or both of the persons to be married (“the couple”) are not relevant nationals, a superintendent registrar may issue a certificate for the solemnization of a marriage in a qualifying church or chapel, notwithstanding that it is not within a registration district in which either of the couple resides. (3B) In subsection (3A) “qualifying church or chapel” means a church or chapel which is not the usual place of worship of the couple but in which it would be possible— (a) (if section 5(3)(a) were disregarded) for the marriage of the couple to be solemnized in accordance with section 5(1)(a) (marriage after publication of banns), or (b) (if section 5(3)(b) were disregarded) for the marriage of the couple to be solemnized in accordance with section 5(1)(c) (marriage on authority of common licence).

(3) After subsection (5) insert—

(6) Where a marriage is intended to be solemnized on the authority of certificates of a superintendent registrar issued under subsection (3A), each notice of marriage given to the superintendent registrar and each certificate issued by the superintendent registrar shall state, in addition to the description of the church or chapel in which the marriage is to be solemnized, that it would be possible for the marriage of the couple to be solemnized in that church or chapel after the publication of banns or on the authority of a common licence (if section 5(3) were disregarded).

(4) Omit section 38.

One party resident in Scotland

13

In section 37 (one party resident in Scotland), in subsection (1)(b), for the words from “with” to “Act” (in the first place) substitute “ with section 27 and the other provisions of this Act ”.

Proof of certain matters not necessary to validity of marriages

14

In section 48 (proof of certain matters not necessary to validity of marriages), in subsection (1)—

(a) omit the word “or” at the end of paragraph (e) (inserted by paragraph 14(c) of Schedule 7 to the Marriage (Same Sex Couples) Act 2013);

(b) at the end of paragraph (ea) (inserted by that provision of the Marriage (Same Sex Couples) Act 2013) insert

or (eb) that, in the case of a marriage to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.

Regulations etc

15

In section 74 (regulations), after subsection (2) insert—

(3) Any order or regulations made under this Act may make different provision for different cases.

Offences

16

In section 75 (offences relating to solemnization of marriages), in subsection (3)(a), for “15 days” substitute “ 28 days ”.

Relevant nationals

17

In section 78 (interpretation of the 1949 Act), in subsection (1), after the definition of “registration district” insert—

“relevant national” means— (a) a British citizen, (b) a national of an EEA State other than the United Kingdom, or (c) a national of Switzerland;

PART 2 — Civil partnership

Introduction

18

The Civil Partnership Act 2004 is amended in accordance with this Part of this Schedule.

Supply of additional information and evidence

19

(1) Section 8 (notice of proposed civil partnership and declaration) is amended in accordance with this paragraph.

(2) In subsection (4), after paragraph (b) insert—

(c) that the proposed civil partner believes all of the information stated in the notice, and all information and evidence supplied with the notice, is true.

(3) After subsection (5) insert—

(5A) Subsection (5) is subject to section 9F.

20

After section 8 insert—

(8A) (1) This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national. (2) But this section does not apply if Schedule 3 applies to the proposed civil partnership. (3) For each party to the proposed civil partnership who is not a relevant national, the notice must include whichever of statements A, B or C is applicable to that person. (4) Statement A is a statement that the person has the appropriate immigration status. (5) Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership. (6) Statement C is a statement that the person neither— (a) has the appropriate immigration status, nor (b) holds a relevant visa in respect of the proposed civil partnership. (7) If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—

If the notice includes this statement...	...the notice must be accompanied by...
Statement A (in respect of one or both of the parties to the proposed civil partnership)	For each party in respect of whom statement A is made, details of the particular immigration status which that party has
Statement B (in respect of one or both of the parties to the proposed civil partnership)	1For each party, a specified photograph of that party2For each party in respect of whom statement B is made, details of the relevant visa which that party has
Statement C (in respect of one or both of the parties to the proposed civil partnership)	1For each party, a specified photograph of that party2For each party, the usual address of that party3For each party whose usual address is outside the United Kingdom, an address in the United Kingdom at which that party can be contacted by post4For each party who has previously used any name or names other than the person's name stated in the notice of proposed civil partnership in accordance with regulations under section 8(2), a statement of the other name or names5For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases

(8) If the notice contains more than one of statements A, B and C, subsection (7) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (7) does not require the notice to be accompanied by more than one specified photograph of each party. (9) If the notice includes statement C for a party to the proposed civil partnership— (a) the notice may be accompanied by a statement (“statement D”) of that person's immigration position in the United Kingdom; (b) if the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the registration authority with details of his or her immigration position in the United Kingdom; and (c) if any such details are provided, the registration authority must record them. (10) In this section— (a) a reference— (i) to a person having the appropriate immigration status, or (ii) to a person holding a relevant visa, has the same meaning as in section 49 of the Immigration Act 2014; (b) a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has; (c) a reference to a person's immigration position in the United Kingdom includes a reference to the person's not being entitled to be in the United Kingdom. (11) In this section “specified photograph” means a photograph that is in accordance with regulations made under section 9E (and for this purpose “photograph” includes other kinds of images).

21

For section 9 substitute—

(9) (1) A notice of proposed civil partnership under section 8 must, in relation to each of the parties to the civil partnership, be accompanied by specified evidence of the following matters— (a) the person's name and surname; (b) the person's date of birth; (c) the person's place of residence; (d) the person's nationality. (2) A person giving a notice of proposed civil partnership under section 8 must provide the registration authority to which the notice is given with specified evidence— (a) as to whether the person has previously formed a civil partnership or been married; and (b) if so, as to the ending of the civil partnership or marriage. (3) In this section “specified evidence” means evidence that is in accordance with regulations made under section 9E. (9A) (1) This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national. (2) If the notice includes statement A (referred to in section 8A(4)), and accordingly is accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must be accompanied by specified evidence of that status. (3) If the notice includes statement B (referred to in section 8A(5)), the notice must be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership. (4) If, in accordance with section 8A(7), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party's usual address. (5) If the notice includes statement D (referred to in section 8A(9)), the notice may be accompanied by evidence of the person's immigration position in the United Kingdom. (6) If subsection (2) or (3) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by— (a) photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 8A(7); (b) as respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party's usual address; and (c) addresses, names and aliases of the kinds referred to in paragraphs 3 to 5 in the relevant entry in section 8A(7) (insofar as those paragraphs are applicable to the parties to the proposed civil partnership). (7) In this section— - “relevant entry in section 8A(7)” means the second column of the last entry in the table in section 8A(7); - “specified evidence” means evidence that is in accordance with regulations made under section 9E. (9B) (1) The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of— (a) notice of a person's usual address, if the person's notified usual address changes; (b) notice of a UK contact address, if the person's notified usual address is not in the United Kingdom; (c) notice of a person's UK contact address, if the person's notified UK contact address changes; (d) evidence of any address notified in accordance with regulations under paragraph (a), (b) or (c). (2) The provision that may be made in regulations under this section includes— (a) provision imposing a requirement on a person; (b) provision about the rejection of information or evidence which there are reasonable grounds to suspect to be false. (3) Regulations under subsection (1)(d) may, in particular, make any provision of the kind that may be made under section 9E(3). (4) In this section— - “notified UK contact address” means an address in the United Kingdom, at which a person can be contacted by post, that has been notified in accordance with— 1. section 8A(7) or 9A(6), or 2. regulations under this section; - “notified usual address” means the usual address of a person that has been notified in accordance with— 1. section 8A(7) or 9A(6), or 2. regulations under this section. (9C) (1) A registration authority may reject— (a) any information or photograph provided under section 8, 8A or 9A, or (b) any evidence provided under section 9 or 9A, if (in particular) the registration authority has reasonable grounds for suspecting that the information, photograph or evidence is false. (2) If the registration authority rejects any information, photograph or evidence, the registration authority may proceed under this Act as if the rejected information, photograph or evidence had not been provided. (3) This section does not limit the powers of registration authorities to reject anything provided under any other enactment. (9D) (1) The Secretary of State may by order— (a) amend section 8A or 9A so as to vary the information that must or may be given in cases where that section applies; (b) amend section 9 or 9A so as to vary the matters in respect of which specified evidence must or may be given in cases where that section applies; (c) make such provision (including provision amending section 9B or 9E or any other enactment) as the Secretary of State considers appropriate in consequence of provision made under paragraph (a) or (b). (2) The Secretary of State must consult the Registrar General before making an order under this section. (9E) (1) The Registrar General may make regulations about the evidence that is required to be given for the purposes of section 9. (2) The Secretary of State may make regulations about the evidence that is required to be given for the purposes of section 9A. (3) Regulations under this section may, in particular, make provision about— (a) the kind of evidence which is to be supplied; (b) the form in which evidence is to be supplied; (c) the manner in which evidence is to be supplied; (d) the period within which evidence is to be supplied; (e) the supply of further evidence; (f) the sufficiency of evidence supplied; (g) the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made); (h) the retention or copying of evidence supplied. (4) In this section “evidence” includes a photograph or other image. (5) The Registrar General must obtain the approval of the Secretary of State before making regulations under this section. (6) The Secretary of State must consult the Registrar General before making regulations under this section. (9F) The registration authority must not enter in the register the information relating to a proposed civil partnership mentioned in section 8(5) in a case where any of the requirements imposed by or under any of the following provisions of this Act is applicable but is not complied with— - section 8A(3) to (7); - section 8A(8); - section 9(1); - section 9A(4) or (6); - section 18(3); - section 19(3); - paragraph 5(1) of Schedule 1; - paragraph 4 of Schedule 23.

Notice period

22

In section 11 (meaning of “the waiting period”), for “15” substitute “ 28 ”.

23

(1) Section 12 (power to shorten the waiting period) is amended in accordance with this paragraph.

(2) In subsection (1), for “15” substitute “ 28 ”.

(3) After subsection (3) insert—

(4) If a proposed civil partnership is referred to the Secretary of State under section 12A— (a) any application under subsection (1) is to be made to the Secretary of State; and (b) the power conferred by subsection (1) is exercisable by the Secretary of State. (5) If the Secretary of State grants an application made under subsection (1), the Secretary of State must give notice of the grant of the application to— (a) the applicant, (b) the registration authority to which notice of the proposed civil partnership was given, and (c) if different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) in relation to the proposed civil partnership. (6) Regulations under subsection (2) do not apply to applications made to the Secretary of State in accordance with subsection (4). (7) The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (4). (8) The Secretary of State must consult the Registrar General before making regulations under subsection (7).

Referral to Secretary of State

24

After section 12 insert—

(12A) (1) On every occasion when notice of proposed civil partnership is given under section 8, the registration authority must decide whether or not each of the parties to the proposed civil partnership is an exempt person. (2) But this section does not apply if Schedule 3 applies to the proposed civil partnership. (3) In making a decision under subsection (1) about a party to a proposed civil partnership, a registration authority may rely on any advice given in relation to that decision by the Secretary of State. (4) In a case where— (a) section 8A applies to the notice of proposed civil partnership, and (b) specified evidence required by section 9A(2) or (3) in relation to a party to the proposed civil partnership is not produced in accordance with that section, the registration authority must decide that that party to the proposed civil partnership is not an exempt person. (5) If the registration authority decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registration authority must— (a) refer the proposed civil partnership to the Secretary of State; (b) notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State; (c) give the parties to the proposed civil partnership prescribed information about— (i) the effects of the referral; (ii) the requirement under regulations under section 9B to notify the Secretary of State of changes of address. (6) The registration authority must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed civil partnership to the Secretary of State. (7) Regulations may, in particular, make provision about— (a) the form, manner or timing of the referral of a proposed civil partnership; (b) information, photographs or evidence — or copies of any of those things — to be included with the referral of a proposed civil partnership. (8) If the registration authority refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 3A. (9) In this section— (a) a reference to a person being an exempt person has the same meaning as in section 49 of the Immigration Act 2014; (b) “prescribed information” means information prescribed in regulations; (c) “regulations” means regulations made by the Secretary of State after consulting the Registrar General.

25

After Schedule 3 insert—

SCHEDULE 3A (1) (1) These are the modifications subject to which this Act has effect if the registration authority refers a proposed civil partnership to the Secretary of State. (2) In this Schedule— - “2014 Act” means the Immigration Act 2014; - “referred civil partnership” means the proposed civil partnership referred to the Secretary of State. (2) (1) The duty under section 14(1) to issue a civil partnership schedule in respect of the referred civil partnership does not apply unless and until one of the following events occurs. (2) Event 1 occurs if— (a) the Secretary of State gives the registration authority or authorities the section 48 notice, and (b) that notice is of a decision not to investigate whether the referred civil partnership is a sham. (3) Event 2 occurs if— (a) the relevant statutory period ends, and (b) the Secretary of State has not given the registration authority or authorities the section 48 notice. (4) Event 3 occurs if— (a) the Secretary of State gives the registration authority or authorities the section 48 notice, (b) that notice is of a decision to investigate whether the referred civil partnership is a sham, (c) the Secretary of State gives the registration authority or authorities the section 50 notice, and (d) that notice is of a decision that both of the parties to the referred civil partnership have complied with the investigation. (5) Event 4 occurs if— (a) the 70 day period ends, and (b) the Secretary of State has not given the registration authority or authorities the section 50 notice. (6) Event 5 occurs if the Secretary of State gives the registration authority or authorities notice that the duty under section 14(1) is applicable. (7) The Secretary of State may give a notice for that purpose only if— (a) the Secretary of State has given the registration authority or authorities the section 48 notice, (b) that notice is of a decision to investigate whether the referred civil partnership is a sham, (c) the Secretary of State has given the registration authority or authorities the section 50 notice, and (d) that notice is of a decision that one or both of the parties to the referred civil partnership have not complied with the investigation. (8) This paragraph applies in addition to any other requirements applicable to the issue of the civil partnership schedule. (9) This paragraph is subject to paragraph 4. (10) In this paragraph— - “70 day period” has the same meaning as in section 50 of the 2014 Act; - “relevant statutory period” has the same meaning as in section 48 of the 2014 Act; - “section 48 notice” means notice under section 48(8) of the 2014 Act; - “section 50 notice” means notice under section 50(7) of the 2014 Act. (3) (1) The modifications in this paragraph have effect if the Secretary of State gives the registration authority notice under section 48(8) of the 2014 Act of a decision to investigate whether the referred civil partnership is a sham. (2) Section 11(b): the reference to the period of 28 days has effect as a reference to the relevant 70 day period. (3) But, for the purposes of section 10, the waiting period is not extended by sub-paragraph (2). (4) In this paragraph “relevant 70 day period” means the period— (a) beginning the day after notice of the proposed civil partnership is recorded in the register in accordance with section 8(5), and (b) ending at the end of the period of 70 days beginning with that day. (4) (1) This paragraph applies if— (a) the Secretary of State gives notice under section 12(5) of the grant of an application made under section 12(1) (power to shorten the waiting period) in relation to the referred civil partnership, and (b) that notice is given at a time when the duty under section 14(1) to issue a civil partnership schedule in respect of the referred civil partnership has not arisen in accordance with paragraph 2. (2) The duty under section 14(1) to issue a civil partnership schedule in respect of the referred civil partnership arises on the giving of the notice under section 12(5), subject to any other requirements applicable to the issue of the schedule being met. (3) But the requirements of paragraph 2 are not applicable in such a case. (4) The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if a schedule in respect of the referred civil partnership is issued as mentioned in sub-paragraph (2). (5) But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, or to continue, an investigation. (6) In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed civil partnership is a sham.

Civil partnership referred to Secretary of State: issue of civil partnership schedule

26

(1) In section 14 (issue of civil partnership schedule), at the end insert—

(6) This section has effect subject to section 14A.

(2) After section 14 insert—

(14A) (1) A registration authority may refuse to issue a civil partnership schedule under section 14(1) in a case where— (a) notice of a proposed civil partnership has been given under section 8, and (b) a registration authority has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence. (2) If a registration authority refuses to issue the schedule, the parties to the proposed civil partnership are to be taken not to have given notice under section 8; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice. (3) This section does not limit the powers of registration authorities to refuse to issue civil partnership schedules. (4) In this section— - “evidence” includes a photograph or other image; - “exempt person” has the same meaning as in section 12A; - “relevant decision” means a decision of a registration authority that a party to the proposed civil partnership is an exempt person.

(3) In section 15 (appeal against refusal to issue civil partnership schedule)—

(a) in subsection (1)(b), after “14(3)” insert “ or 14A ”;

(b) after subsection (2) insert—

(3) In a case where— (a) in reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, and (b) on an appeal against the refusal, the Registrar General directs that a civil partnership schedule be issued, section 14A(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 8.

(4) In section 16 (frivolous objections and representations: liability for costs etc)—

(a) in the title, after “representations” insert “ and appeals ”;

(b) after subsection (3) insert—

(3A) If— (a) in reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, and (b) on an appeal against the refusal, the Registrar General declares that the appeal is frivolous, the person making the appeal is liable for the costs of the proceedings before the Registrar General.

;

(c) in subsection (4), for “such costs and damages” substitute “ costs and damages in accordance with subsection (3) or (3A) ”.

Relevant nationals

27

After section 30 insert—

(30A) In this Chapter “relevant national” means— (a) a British citizen, (b) a national of an EEA State other than the United Kingdom, or (c) a national of Switzerland.

Regulations and orders

28

(1) Section 36 (regulations and orders) is amended in accordance with this paragraph.

(2) In subsection (3), after “6A” insert “ 9B, 9E(2), 12(7) or 12A ”.

(3) In subsection (5), after “6A” insert “ 9B, 9E(2) or 12A ”.

(4) In subsection (6), after “section” insert “ 9D or ”.

Proof of certain matters not necessary to validity of civil partnership

29

In section 52 (proof of certain matters not necessary to validity of civil partnership), in subsection (1)—

(a) omit the word “or” at the end of paragraph (a);

(b) at the end of paragraph (aa) insert

or (ab) that, in the case of a civil partnership to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.

SCHEDULE 5

Introduction

1

(1) This Schedule sets out the kinds of regulations which may be made by the Secretary of State under section 54(2).

(2) In this Schedule—

“extension order” has the meaning given in section 54(1);

“proposed Scottish or Northern Ireland marriage or civil partnership” means a proposed marriage or civil partnership under the law of Scotland or Northern Ireland.

Notices

2

(1) The Secretary of State may make regulations which make provision about the giving of relevant notices.

(2) Regulations under this paragraph may, in particular, provide that a relevant notice given in accordance with the regulations is to be presumed to have been received by the person to whom it is given.

(3) In this paragraph “relevant notice” means—

(a) a notice, under any provision of the referral and investigation scheme, which relates to a proposed Scottish or Northern Ireland marriage or civil partnership, and

(b) any other notice relating to the referral of a proposed Scottish or Northern Ireland marriage or civil partnership to the Secretary of State for the purposes of the referral and investigation scheme,

(whether or not the notice falls to be given by virtue of provision made by an extension order).

Evidence

3

(1) The Secretary of State may make regulations about the supply of evidence in accordance with a relevant evidence provision.

(2) Regulations under this paragraph may, in particular, make provision about—

(a) the kind of evidence which is to be supplied;

(b) the form in which evidence is to be supplied;

(d) the period within which evidence is to be supplied;

(e) the supply of further evidence;

(f) the sufficiency of evidence supplied;

(g) the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);

(h) the retention or copying of evidence supplied.

(3) In this paragraph—

“evidence” includes a photograph or other image;

“relevant evidence provision” means provision (whether or not made by an extension order) about the supply of evidence in relation to a proposed Scottish or Northern Ireland marriage or civil partnership in a case where one or both of the parties is not a relevant national.

Change of address

4

(1) The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—

(a) notice of a relevant person's usual address, if the person's notified usual address changes;

(b) notice of a relevant person's UK contact address, if the person's notified usual address is not in the United Kingdom;

(d) evidence of any address notified in accordance with regulations under paragraph (a), (b) or (c).

(2) Regulations under this paragraph may, in particular, make—

(a) provision imposing a requirement on a person;

(b) provision about the rejection of information or evidence which there are reasonable grounds to suspect to be false.

(3) Regulations under sub-paragraph (1)(d) may, in particular, make any provision of the kind that may be made under paragraph 3(2).

(4) In this paragraph—

“notified”, in relation to an address of a relevant person, means notified (whether to the Secretary of State or another person) in connection with the proposed Scottish or Northern Ireland marriage or civil partnership (including any such address notified in accordance with provision made by an extension order or regulations made under this paragraph);

“relevant person” means a person who is a party to a proposed Scottish or Northern Ireland marriage or civil partnership in a case where that person or the other party is not a relevant national (or both of them are not relevant nationals);

“UK contact address” means an address in the United Kingdom at which a person can be contacted by post.

Referral

5

(1) The Secretary of State may make regulations requiring a person to act in accordance with the regulations when complying with a duty of referral.

(2) The regulations may, in particular, make provision about—

(a) the form, manner or timing of the referral;

(b) information, photographs or evidence — or copies of any of those things — to be included with the referral.

(3) The Secretary of State may make regulations requiring a person who refers a proposed marriage or civil partnership in accordance with a duty of referral to give the parties to the proposed marriage or civil partnership information prescribed in the regulations about—

(a) the effects of the referral;

(b) any requirements under regulations under paragraph 4 to notify the Secretary of State of changes of address.

(4) In this paragraph—

“duty of referral” means a duty (whether or not contained in provision made by an extension order) to refer a proposed Scottish or Northern Ireland marriage or civil partnership to the Secretary of State for the purposes of the referral and investigation scheme;

“referral” means the referral of a proposed Scottish or Northern Ireland marriage or civil partnership under a duty of referral.

Applications for shortening of waiting period

6

(1) The Secretary of State may make regulations about the making, and granting, of applications for the shortening of a waiting period in cases where a proposed Scottish or Northern Ireland marriage or civil partnership is referred to the Secretary of State in accordance with a duty of referral.

(2) Regulations may be made under this paragraph—

(a) whether the application falls to be made by virtue of provision made by an extension order or otherwise;

(b) whether the application falls to be made to the Secretary of State or another person.

(3) In this paragraph—

“duty of referral” has the same meaning as in paragraph 5;

“waiting period”, in relation to a proposed Scottish or Northern Ireland marriage or civil partnership, means a period during which it is not possible for the marriage to be solemnized or civil partnership to be formed (but which falls after notice of the proposed marriage or civil partnership has been given for the purposes of enabling it to be solemnized or formed in due course).

SCHEDULE 6

PART 1 — Disclosure of information etc where proposed marriage or civil partnership referred to Secretary of State

1

(1) This paragraph applies if—

(a) a superintendent registrar refers a proposed marriage to the Secretary of State under section 28H of the Marriage Act 1949, or

(b) a registration authority refers a proposed civil partnership to the Secretary of State under section 12A of the Civil Partnership Act 2004.

(2) The Secretary of State may—

(a) disclose relevant information to a registration official, or

(b) supply a document containing relevant information to a registration official.

(3) In this paragraph “relevant information” means any of the following information—

(a) the fact that the proposed marriage or civil partnership has been referred to the Secretary of State;

(b) the names of the parties to the proposed marriage or civil partnership;

(i) any information included with the referral in accordance with regulations under section 28H of the Marriage Act 1949;

(ii) any address of a party to the proposed marriage notified to the Secretary of State in accordance with such regulations or regulations under section 28D of the Marriage Act 1949;

(d) in the case of a proposed civil partnership—

(i) any information included with the referral in accordance with regulations under section 12A of the Civil Partnership Act 2004;

(ii) any address of a party to the proposed civil partnership notified to the Secretary of State in accordance with such regulations or regulations under section 9B of the Civil Partnership Act 2004;

(e) details of any immigration enforcement action taken by the Secretary of State in respect of a party to the proposed marriage or civil partnership (including any action taken after solemnization of the marriage or formation of the civil partnership);

(f) details of any immigration decision taken wholly or partly by reference to the marriage or civil partnership (whether while it was proposed or after it was solemnized or formed).

PART 2 — Disclosure of information etc for immigration purposes etc

Disclosures by registration officials

2

(1) A registration official may—

(a) disclose any information held by the registration official, or

(b) supply any document held by the registration official,

to the Secretary of State, or to another registration official, for use for either of the following purposes.

(2) Those purposes are—

(a) immigration purposes;

(b) purposes connected with the exercise of functions relating to—

(i) the referral of proposed marriages to the Secretary of State under section 28H of the Marriage Act 1949, or

(ii) the referral of proposed civil partnerships to the Secretary of State under section 12A of the Civil Partnership Act 2004.

(3) In this paragraph “immigration purposes” means—

(a) the administration of immigration control under the Immigration Acts;

(b) the prevention, detection, investigation or prosecution of criminal offences relating to immigration;

(d) the provision of support for asylum-seekers and their dependants under Part 6 of that Act;

(e) such other purposes as may be specified by the Secretary of State by order.

3

A registration official may disclose to another registration official—

(a) the fact that a suspicion about a marriage or civil partnership has been reported to the Secretary of State under section 24 or 24A of the Immigration and Asylum Act 1999, and

(b) the content of any such report,

(whether or not the suspicion was reported by the registration official making the disclosure).

Disclosures by the Secretary of State

4

(1) The Secretary of State may—

(a) disclose any information held by the Secretary of State, or

(b) supply any document held by the Secretary of State,

to a registration official for use for verification purposes.

(2) In this paragraph “verification purposes” means—

(a) assisting in the verification of information provided to a relevant official by a person giving—

(i) notice of marriage under section 27 of the Marriage Act 1949, or

(ii) notice under section 8 of the Civil Partnership Act 2004;

(b) assisting in the verification of the immigration status of a person who contacts a relevant official in connection with the exercise of a function by a registration official;

(c) assisting in the verification of whether a person who contacts a relevant official in connection with the exercise of a function by a registration official—

(i) is suspected of involvement in crime relating to immigration, or

(ii) has been convicted of an offence relating to immigration.

(3) In this paragraph “relevant official” means—

(a) a registration official, or

(b) any other person employed to assist the exercise of functions by registration officials.

PART 3 — Disclosure of information etc for prevention of crime etc

5

(1) A registration official may—

(a) disclose any information held by the registration official, or

(b) supply any document held by the registration official,

to an eligible person, or to another registration official in England and Wales, for use for crime-fighting purposes.

(2) Information is disclosed, or a document is supplied, for use for crime-fighting purposes if condition A and condition B are met.

(3) Condition A is met if the registration official disclosing the information or supplying the document has reasonable grounds for suspecting that a criminal offence has been, is being, or is going to be committed.

(4) Condition B is met if the registration official discloses the information or supplies the document for use for one or both of these purposes—

(a) assisting in the verification of information supplied to that or any other registration official;

(b) assisting in the prevention, detection, investigation or prosecution of a criminal offence.

(5) In this section “eligible person” means—

(a) the Secretary of State;

(b) the Commissioners for Her Majesty's Revenue and Customs;

(d) a county council, a district council or a county borough council;

(e) the Greater London Authority, a London borough council or the Common Council of the City of London.

PART 4 — General provisions

Limitations on powers

6

(1) This Schedule does not authorise—

(a) a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions, or

(b) a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 .

(2) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

No breach of confidentiality etc

7

A disclosure of information which is authorised by this Schedule does not breach—

(a) an obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

Retention, copying and disposal of documents

8

A person to whom a document is supplied under any provision of this Schedule may—

(a) retain the document;

(b) copy the document;

Saving for existing powers

9

This Schedule does not limit any other power under which—

(a) information may be disclosed, or

(b) documents may be supplied.

Meaning of “registration official”

10

A “registration official” is any of the following—

(a) the Registrar General;

(b) a superintendent registrar;

(d) a registration authority or a person exercising the functions of a registration authority;

(e) a civil partnership registrar (within the meaning of Chapter 1 of Part 2 of the Civil Partnership Act 2004 — see section 29 of that Act).

SCHEDULE 7

Introductory

1

Part 5 of the Immigration and Asylum Act 1999 (which makes provision for the regulation of immigration advisers and immigration service providers) is amended in accordance with this Schedule.

Removal of Commissioner’s power of exemption from registration

2

(1) In section 84(4) (persons exempt from prohibition on provision of immigration advice and services by unqualified persons)—

(a) omit paragraphs (a), (b) and (c) (and the word “or” which follows paragraph (c));

(b) in paragraph (d) omit “who”.

(2) Omit the following provisions—

(a) section 84(5) and (7);

(b) section 85(2);

(d) section 88(2)(c);

(e) section 89(4);

(f) paragraph 6(3)(b) and 9(1)(d) of Schedule 5;

(g) paragraph 6(3)(a) of Schedule 6.

Waiver of fees for registration

3

(1) Paragraph 5 of Schedule 6 (fees for registration) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “order” insert “ (a) ”;

(b) at the end insert—

(b) make provision for, and in connection with, requiring or authorising the Commissioner to waive all or part of the specified fee in particular cases.

(3) In sub-paragraph (2) at the end insert “ (but this is subject to any waiver in accordance with provision under sub-paragraph (1)(b)) ”.

Cancellation of registration by Commissioner

4

(1) In section 87(3) (decisions of Commissioner which may be appealed to First-tier Tribunal) after paragraph (ea) insert—

(eb) to cancel a registration under paragraph 4A(e) of that Schedule.

(2) In paragraph 9 of Schedule 5 (powers of Commissioner on determining a complaint)—

(a) omit sub-paragraph (1)(b);

(b) after sub-paragraph (1A) (inserted by paragraph 7(4) of this Schedule) insert—

(1B) Sub-paragraph (1)(a) is subject to paragraph 4A(e) of Schedule 6 (duty of Commissioner to cancel registration of a person who is no longer competent or is otherwise unfit).

(3) In paragraph 3 of Schedule 6 (applications for continued registration)—

(a) omit sub-paragraph (5);

(b) in sub-paragraph (6) for “Otherwise,” substitute “ Unless the Commissioner is required by paragraph 4A to cancel the applicant's registration ”;

(4) In Schedule 6 (registration) after paragraph 4 insert—

(4A) The Commissioner must cancel a person's registration if— (a) the person asks for it to be cancelled; (b) the person dies (in a case where the person is an individual) or is dissolved or wound up (in any other case); (c) the person is convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act; (d) under section 89(2A)(b) the First-tier Tribunal directs the Commissioner to cancel the person's registration; or (e) the Commissioner considers that the person is no longer competent or is otherwise unfit to provide immigration advice or immigration services.

Suspension of registration

5

(1) In section 84(3) (limitations on effect of registration)—

(a) after “subject to” insert “ (a) ”;

(b) at the end insert—

(b) paragraph 4B(5) of that Schedule (effect of suspension of registration).

(2) In section 87(4) (further functions of First-tier Tribunal)—

(a) for “a further function” substitute “ further functions ”;

(b) at the end insert “ and paragraph 4B of Schedule 6 (suspension of registration by First-tier Tribunal) ”.

(3) After paragraph 4A of Schedule 6 (inserted by paragraph 4(4) of this Schedule) insert—

(4B) (1) The First-tier Tribunal may, on an application made to it by the Commissioner, suspend a person's registration if the person is for the time being charged with— (a) an offence involving dishonesty or deception; (b) an indictable offence; or (c) an offence under section 25 or 26(1)(d) or (g) of the 1971 Act. (2) The suspension of the person's registration ceases to have effect if one of these occurs— (a) the person is acquitted of the offence; (b) the charge is withdrawn; (c) proceedings in respect of the charge are discontinued; (d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore. (3) If the person is convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act, the suspension of the person's registration continues to have effect until the Commissioner cancels the person's registration (as required by paragraph 4A(c)). (4) If the person is convicted of any other offence within sub-paragraph (1)— (a) the Commissioner must as soon as reasonably practicable consider whether the person is no longer competent or is otherwise unfit to provide immigration advice or immigration services (so that the person's registration must be cancelled under paragraph 4A(e)); (b) the suspension of the person's registration continues to have effect until the Commissioner either cancels the person's registration, or decides that the person is competent and otherwise fit to provide immigration advice and immigration services. (5) A person whose registration is suspended is not to be treated as a registered person for the purposes of section 84 (but is to be treated as a registered person for the purposes of the other provisions of this Part). (6) Where a person's registration is suspended the Commissioner must as soon as reasonably practicable record the suspension in the register. (7) Where a suspension ceases to have effect (and the person's registration is not cancelled) the Commissioner must as soon as reasonably practicable remove the record of the suspension from the register.

Inspections

6

After paragraph 4 of Schedule 5 insert—

(4A) The Commissioner may carry out inspections of the activities and businesses of registered persons.

Complaints and investigations

7

(1) For section 89(2) (powers of Tribunal on hearing charge against registered person) substitute—

(2) Subsections (2A) and (2B) apply if the person charged was, at the time to which the charge relates, a registered person or a person acting on behalf of a registered person. (2A) If the registered person mentioned in subsection (2) is still registered, the First-tier Tribunal may direct the Commissioner— (a) to record the charge and the First-tier Tribunal's decision on it for consideration in connection with that person's next application for continued registration; (b) to cancel that person's registration. (2B) If the registered person mentioned in subsection (2) is no longer registered, the First-tier Tribunal may direct the Commissioner to record the charge and the First-tier Tribunal's decision on it for consideration in connection with any application by that person for registration.

(2) In paragraph 5(3) of Schedule 5 (complaints which may be investigated by Commissioner)—

(a) before paragraph (a) insert—

(za) the competence or fitness to provide immigration advice or immigration services of a person who, at the time to which the complaint relates, was a registered person,

;

(b) in paragraph (a) for “a person” substitute “ any other person ”;

(aa) the competence or fitness of a person who, at the time to which the complaint relates, was acting on behalf of a registered person,

;

(d) in paragraph (b) for the first “a person” substitute “ any other person ”;

(e) in paragraph (d) for “a person to whom they apply” substitute “ a person who, at the time to which the complaint relates, was a registered person or a person acting on behalf of a registered person ”.

(3) For paragraph 9(1)(a) of that Schedule (Commissioner's powers on determining a complaint) substitute—

(a) if the person to whom the complaint relates was at the time to which the complaint relates— (i) a registered person, or (ii) a person acting on behalf of a registered person, record the complaint and the decision on it to be considered in connection with the next relevant application;

(4) After paragraph 9(1) insert—

(1A) In sub-paragraph (1)(a) “relevant application” means— (a) if the registered person referred to in that sub-paragraph is still registered, an application by that person for continued registration, and (b) otherwise, an application by that person for registration.

(5) For paragraph 9(4) substitute—

(4) Relevant person” means— (a) a person who, at the time to which the charge relates, was providing immigration advice or immigration services and was— (i) a registered person, or (ii) a person acting on behalf of a registered person; (b) a person providing immigration advice or immigration services who is— (i) a person to whom section 84(4)(d) applies, or (ii) a person employed by, or working under the supervision of, such a person.

Power of entry and inspection

8

(1) Omit paragraph 7 of Schedule 5 (and the cross-heading before it).

(2) After paragraph 10 of that Schedule insert—

(10A) (1) On an application made by the Commissioner a justice of the peace (or in Scotland, the sheriff) may issue a warrant authorising the Commissioner to enter premises. (2) A justice of the peace or sheriff may issue a warrant in respect of premises if satisfied that there are reasonable grounds for believing that— (a) the premises are being used, or have been used, in connection with the provision of immigration advice or immigration services by a registered person, (b) entry to the premises is reasonably required for the exercise of any of the Commissioner's functions, and (c) entry to the premises may be prevented or delayed unless a warrant is produced. (3) The Commissioner may enter premises by virtue of this paragraph only at a reasonable hour. (4) Where the Commissioner enters premises by virtue of this paragraph the Commissioner may— (a) take onto the premises any equipment that appears to the Commissioner to be necessary; (b) require any person on the premises to produce any relevant document and, if the document is produced, to provide any explanation of it; (c) require any person on the premises to state, to the best of the person's knowledge and belief, where any relevant document is to be found; (d) take copies of, or extracts from, any relevant document on the premises which is produced; (e) require any relevant information which is held in a computer and is accessible from the premises to be produced in a form— (i) in which it can be taken away; and (ii) in which it is visible and legible. (5) For the purposes of sub-paragraph (4), a document or information is “relevant” if the document or information relates to any matter connected with the provision of immigration advice or immigration services. (6) The powers conferred on the Commissioner by sub-paragraphs (1) to (5) may also be exercised by— (a) a member of the Commissioner's staff authorised by the Commissioner in writing, and (b) if the Commissioner so determines, a person appointed by the Commissioner to make a report on the provision of immigration advice or immigration services from the premises in question. (7) If a registered person fails without reasonable excuse to allow access under this paragraph to any premises under the person's occupation or control, the Commissioner may cancel the person's registration. (8) The Commissioner may also cancel the registration of a registered person who— (a) without reasonable excuse fails to comply with a requirement imposed under sub-paragraph (4); (b) intentionally delays or obstructs any person exercising functions under this paragraph; or (c) fails to take reasonable steps to prevent an employee of the registered person from obstructing any person exercising such functions. (9) In this paragraph “premises” includes premises used wholly or partly as a dwelling.

SCHEDULE 8

PART 1 — Functions exercisable by designated persons

Introduction

1

Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended in accordance with this Part of this Schedule.

Examinations by designated person

2

(1) Paragraph 3 is amended as follows.

(2) In sub-paragraph (1), after “immigration officer” insert “ or designated person ”.

(3) For sub-paragraph (1A) substitute—

(1A) If a person is examined under sub-paragraph (1) (whether by an immigration officer or designated person), an immigration officer may require the person, by notice in writing, to submit to further examination by the immigration officer for a purpose specified in that sub-paragraph.

Information and documents

3

(1) Paragraph 4 is amended as follows.

(2) In sub-paragraph (1), for “his functions” substitute “ that or any other person's functions ”.

(3) In sub-paragraph (2)—

(a) for “shall, if so required by the immigration officer” substitute “ , or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer or designated person ”;

(b) in paragraph (b), for “the immigration officer” substitute “ the immigration officer or designated person ”;

(c) in the words after paragraph (b), for “the immigration officer” substitute “ the immigration officer or designated person ”.

(4) In sub-paragraph (3), for the words from “the immigration officer” to the second “officer” substitute “ an immigration officer or a person acting under the directions of an immigration officer ”.

(5) In sub-paragraph (4), in the words before paragraph (a)—

(a) for “produced or found” substitute “ produced to or found by an immigration officer ”;

(b) for “an immigration officer” substitute “ , the immigration officer ”.

(6) After sub-paragraph (4) insert—

(4A) Where a passport or other document is produced to a designated person in accordance with this paragraph, the designated person— (a) may examine it and detain it; and (b) must deliver any detained passport or document to an immigration officer as soon as reasonably practicable. (4B) If a passport or document is delivered to an immigration officer in accordance with sub-paragraph (4A)(b), sub-paragraph (4) applies as if the immigration officer had detained the document (and, accordingly, the immigration officer may continue to detain it in accordance with sub-paragraph (4)(a), (b) or (c)).

(7) In sub-paragraph (5), after “examination” insert “ , or any immigration officer or designated person, ”.

Embarkation cards

4

(1) Paragraph 5 is amended in accordance with sub-paragraphs (2) and (3).

(2) For “requiring passengers” substitute

requiring— (a) passengers

(3) For “cards in such form” substitute

cards, and (b) passengers embarking in the United Kingdom, or any class of such passengers, to produce to a designated person, if so required, embarkation cards, in such form

Designations

5

After paragraph 5 insert—

(5A) (1) In this Schedule “designated person” means a person designated by the Secretary of State for the purposes of this Schedule. (2) A designation under this paragraph is subject to such limitations as may be specified in the designation. (3) A limitation under sub-paragraph (2) may, in particular, relate to the functions that are exercisable by virtue of the designation (and, accordingly, the exercise of functions under this Schedule by a designated person is subject to any such limitations specified in the person's designation). (4) A designation under this paragraph— (a) may be permanent or for a specified period, (b) may (in either case) be withdrawn, and (c) may be varied. (5) The power to designate, or to withdraw or vary a designation, is exercised by the Secretary of State giving notice to the person in question. (6) The Secretary of State may designate a person under this paragraph only if the Secretary of State is satisfied that the person— (a) is capable of effectively carrying out the functions that are exercisable by virtue of the designation, (b) has received adequate training in respect of the exercise of those functions, and (c) is otherwise a suitable person to exercise those functions.

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