Immigration Act 2014

(4E) For the purposes of sections 4F to 4I, a person (“P”) meets the general conditions if— (a) P was born before 1 July 2006; (b) at the time of P's birth, P's mother— (i) was not married, or (ii) was married to a person other than P's natural father; (c) no person is treated as the father of P under section 28 of the Human Fertilisation and Embryology Act 1990; and (d) P has never been a British citizen. (4F) (1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if— (a) P meets the general conditions; and (b) P would be entitled to be registered as a British citizen under— (i) section 1(3), (ii) section 3(2), (iii) section 3(5), (iv) paragraph 4 of Schedule 2, or (v) paragraph 5 of Schedule 2, had P's mother been married to P's natural father at the time of P's birth. (2) In the following provisions of this section “relevant registration provision” means the provision under which P would be entitled to be registered as a British citizen (as mentioned in subsection (1)(b)). (3) If the relevant registration provision is section 3(2), a person who is registered as a British citizen under this section is a British citizen by descent. (4) If the relevant registration provision is section 3(5), the Secretary of State may, in the special circumstances of the particular case, waive the need for any or all of the parental consents to be given. (5) For that purpose, the “parental consents” are— (a) the consent of P's natural father, and (b) the consent of P's mother, insofar as they would be required by section 3(5)(c) (as read with section 3(6)(b)), had P's mother been married to P's natural father at the time of P's birth. (4G) (1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if— (a) P meets the general conditions; and (b) at any time in the period after commencement, P would have automatically become a British citizen at birth by the operation of any provision of this Act or the British Nationality (Falkland Islands) Act 1983, had P's mother been married to P's natural father at the time of P's birth. (2) A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at birth (as mentioned in subsection (1)(b)) would (by virtue of section 14) have been British citizenship by descent. (3) If P is under the age of 18, no application may be made unless the consent of P's natural father and mother to the registration has been signified in the prescribed manner. (4) But if P's natural father or mother has died on or before the date of the application, the reference in subsection (3) to P's natural father and mother is to be read as a reference to either of them. (5) The Secretary of State may, in the special circumstances of a particular case, waive the need for any or all of the consents required by subsection (3) (as read with subsection (4)) to be given. (6) The reference in this section to the period after commencement does not include the time of commencement (and, accordingly, this section does not apply to any case in which a person was unable to become a British citizen at commencement). (4H) (1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if— (a) P meets the general conditions; (b) P was a citizen of the United Kingdom and Colonies immediately before commencement; and (c) P would have automatically become a British citizen at commencement, by the operation of any provision of this Act, had P's mother been married to P's natural father at the time of P's birth. (2) A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)) would (by virtue of section 14) have been British citizenship by descent. (4I) (1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if— (a) P meets the general conditions; (b) P is either— (i) an eligible former British national, or (ii) an eligible non-British national; and (c) had P's mother been married to P's natural father at the time of P's birth, P— (i) would have been a citizen of the United Kingdom and Colonies immediately before commencement, and (ii) would have automatically become a British citizen at commencement by the operation of any provision of this Act. (2) P is an “eligible former British national” if P was not a citizen of the United Kingdom and Colonies immediately before commencement and either— (a) P ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so had P's mother been married to P's natural father at the time of P's birth, or (b) P was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by the operation of any provision of it, but would have done so had P's mother been married to P's natural father at the time of P's birth. (3) P is an “eligible non-British national” if— (a) P was never a British subject or citizen of the United Kingdom and Colonies; and (b) had P's mother been married to P's natural father at the time of P's birth, P would have automatically become a British subject or citizen of the United Kingdom and Colonies— (i) at birth, or (ii) by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948 (child of male British subject to become citizen of the United Kingdom and Colonies if the father becomes such a citizen). (4) A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)(ii)) would (by virtue of section 14) have been British citizenship by descent. (5) In determining for the purposes of subsection (1)(c)(i) whether P would have been a citizen of the United Kingdom and Colonies immediately before commencement, it must be assumed that P would not have— (a) renounced or been deprived of any notional British nationality, or (b) lost any notional British nationality by virtue of P acquiring the nationality of a country or territory outside the United Kingdom. (6) A “notional British nationality” is— (a) in a case where P is an eligible former British national, any status as a British subject or a citizen of the United Kingdom and Colonies which P would have held at any time after P's nationality loss (had that loss not occurred and had P's mother had been married to P's natural father at the time of P's birth); (b) in a case where P is an eligible non-British national— (i) P's status as a British subject or citizen of the United Kingdom and Colonies mentioned in subsection (3)(b), and (ii) any other status as a British subject or citizen of the United Kingdom and Colonies which P would have held at any time afterwards (had P's mother been married to P's natural father at the time of P's birth). (7) In this section— - “British subject” has any meaning which it had for the purposes of the British Nationality and Status of Aliens Act 1914; - “independence legislation” means an Act of Parliament or any subordinate legislation (within the meaning of the Interpretation Act 1978) forming part of the law in the United Kingdom (whenever passed or made, and whether or not still in force)— 1. providing for a country or territory to become independent from the United Kingdom, or 2. dealing with nationality, or any other ancillary matters, in connection with a country or territory becoming independent from the United Kingdom; - “P's nationality loss” means P's— 1. ceasing to be a British subject or citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(a)), or 2. not becoming a citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(b)). (4J) (1) In sections 4E to 4I and this section, a person's “natural father” is a person who satisfies the requirements as to proof of paternity that are prescribed in regulations under section 50(9B). (2) The power under section 50(9B) to make different provision for different circumstances includes power to make provision for the purposes of any provision of sections 4E to 4I which is different from other provision made under section 50(9B). (3) The following provisions apply for the purposes of sections 4E to 4I. (4) A reference to a person automatically becoming a British citizen, or a citizen of the United Kingdom and Colonies, is a reference to the person becoming such a citizen without the need for— (a) the person to be registered as such a citizen by the Secretary of State or any other minister of the Crown; (b) the birth of the person to be registered by a diplomatic or consular representative of the United Kingdom; or (c) the person to be naturalised as such a citizen. (5) If the mother of a person could not actually have been married to the person's natural father at the time of the person's birth (for whatever reason), that fact does not prevent an assumption being made that the couple were married at the time of the birth.

Deprivation if conduct seriously prejudicial to vital interests of the UK

66

• (1) In section 40 of the British Nationality Act 1981 (deprivation of citizenship), after subsection (4) insert—

(4A) But that does not prevent the Secretary of State from making an order under subsection (2) to deprive a person of a citizenship status if— (a) the citizenship status results from the person's naturalisation, (b) the Secretary of State is satisfied that the deprivation is conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory, and (c) the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory.

• (2) In deciding whether to make an order under subsection (2) of section 40 of the British Nationality Act 1981 in a case which falls within subsection (4A) of that Act, the Secretary of State may take account of the manner in which a person conducted him or herself before this section came into force.

• (3) After section 40A of the British Nationality Act 1981 insert—

(40B) (1) The Secretary of State must arrange for a review of the operation of the relevant deprivation power to be carried out in relation to each of the following periods— (a) the initial one year period; (b) each subsequent three year period. (2) The “relevant deprivation power” is the power to make orders under section 40(2) to deprive persons of a citizenship status in the circumstances set out in section 40(4A). (3) A review must be completed as soon as practicable after the end of the period to which the review relates. (4) As soon as practicable after a person has carried out a review in relation to a particular period, the person must— (a) produce a report of the outcome of the review, and (b) send a copy of the report to the Secretary of State. (5) The Secretary of State must lay before each House of Parliament a copy of each report sent under subsection (4)(b). (6) The Secretary of State may, after consultation with the person who produced the report, exclude a part of the report from the copy laid before Parliament if the Secretary of State is of the opinion that it would be contrary to the public interest or prejudicial to national security for that part of the report to be made public. (7) The Secretary of State may— (a) make such payments as the Secretary of State thinks appropriate in connection with the carrying out of a review, and (b) make such other arrangements as the Secretary of State thinks appropriate in connection with the carrying out of a review (including arrangements for the provision of staff, other resources and facilities). (8) In this section— - “initial one year period” means the period of one year beginning with the day when section 40(4A) comes into force; - “subsequent three year period” means a period of three years beginning with the first day after the most recent of— 1. the initial one year period, or 2. the most recent subsequent three year period.

Embarkation checks

Embarkation checks

67

Schedule 8 (embarkation checks) has effect.

Fees

Fees

68

• (1) The Secretary of State may provide, in accordance with this section, for fees to be charged in respect of the exercise of functions in connection with immigration or nationality.

• (2) The functions in respect of which fees are to be charged are to be specified by the Secretary of State by order (“a fees order”).

• (3) A fees order—

• (a) must specify how the fee in respect of the exercise of each specified function is to be calculated, and

• (b) may not provide for a fee to be charged in respect of the exercise of a function otherwise than in connection with an application or claim, or on request.

• (4) For any specified fee, a fees order must provide for it to comprise one or more amounts each of which is—

• (a) a fixed amount, or

• (b) an amount calculated by reference to an hourly rate or other factor.

• (5) Where a fees order provides for a fee (or part of a fee) to be a fixed amount, it—

• (a) must specify a maximum amount for the fee (or part), and

• (b) may specify a minimum amount.

• (6) Where a fees order provides for a fee (or part of a fee) to be calculated as mentioned in subsection (4)(b), it—

• (a) must specify—

• (i) how the fee (or part) is to be calculated, and

• (ii) a maximum rate or other factor, and

• (b) may specify a minimum rate or other factor.

• (7) For any specified fee, the following are to be set by the Secretary of State by regulations (“fees regulations”)—

• (a) if the fee (or any part of it) is to be a fixed amount, that amount;

• (b) if the fee (or any part of it) is to be calculated as mentioned in subsection (4)(b), the hourly rate or other factor by reference to which it (or that part) is to be calculated.

• (8) An amount, or rate or other factor, set by fees regulations for a fee in respect of the exercise of a specified function—

• (a) must not—

• (i) exceed the maximum specified for that amount, or rate or other factor;

• (ii) be less than the minimum, if any, so specified;

• (b) subject to that, may be intended to exceed, or result in a fee which exceeds, the costs of exercising the function.

• (9) In setting the amount of any fee, or rate or other factor, in fees regulations, the Secretary of State may have regard only to—

• (a) the costs of exercising the function;

• (b) benefits that the Secretary of State thinks are likely to accrue to any person in connection with the exercise of the function;

• (c) the costs of exercising any other function in connection with immigration or nationality;

• (d) the promotion of economic growth;

• (e) fees charged by or on behalf of governments of other countries in respect of comparable functions;

• (f) any international agreement.

This is subject to section 69(5).

• (10) In respect of any fee provided for under this section, fees regulations may—

• (a) provide for exceptions;

• (b) provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);

• (c) make provision about—

• (i) the consequences of failure to pay a fee;

• (ii) enforcement;

• (iii) when a fee may or must be paid.

• (11) Any provision that may be made by fees regulations by virtue of subsection (10) may be included instead in a fees order (and any provision so included may be amended or revoked by fees regulations).

• (12) In this section and sections 69 and 70—

• “costs” includes—the costs of the Secretary of State, andthe costs of any other person (whether or not funded from public money);

• “fees order” has the meaning given by subsection (2);

• “fees regulations” has the meaning given by subsection (7);

• “function” includes a power or a duty;

• “function in connection with immigration or nationality” includes a function in connection with an enactment (including an enactment of a jurisdiction outside the United Kingdom) that relates wholly or partly to immigration or nationality;

• “specified” means specified in a fees order.

• (13) Any reference in this section or section 70 to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise—

• (a) at particular times or in a particular place;

• (b) under particular arrangements;

• (c) otherwise in particular ways,

and, for this purpose, “arrangements” includes arrangements for the convenience of applicants, claimants or persons making requests for the exercise of a function.

Fees orders and fees regulations: supplemental

69

• (1) A fees order or fees regulations may be made only with the consent of the Treasury.

• (2) A fee under section 68 may relate to something done outside the United Kingdom.

• (3) Fees payable by virtue of section 68 may be recovered as a debt due to the Secretary of State.

• (4) Fees paid to the Secretary of State by virtue of section 68 must—

• (a) be paid into the Consolidated Fund, or

• (b) be applied in such other way as the relevant order may specify.

• (5) Section 68 is without prejudice to—

• (a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc);

• (b) section 102 of the Finance (No. 2) Act 1987 (government fees and charges), or

• (c) any other power to charge a fee.

Power to charge fees for attendance services in particular cases

70

• (1) This section applies where a person exercises a function in connection with immigration or nationality in respect of which a fee is chargeable by virtue of a fees order (a “chargeable function”) in a particular case and—

• (a) in doing so attends at a place outside the United Kingdom, and time, agreed with a person (“the client”), and

• (b) does so at the request of the client.

It is immaterial whether or not the client is a person in respect of whom the chargeable function is exercised.

• (2) In this section “attendance service” means the service described in subsection (1) except so far as it consists of the exercise of a chargeable function.

• (3) The following are to be disregarded in determining whether a fee is chargeable in respect of a function by virtue of a fees order—

• (a) any exception provided for by a fees order or fees regulations;

• (b) any power so provided to waive or refund a fee.

• (4) The person exercising the chargeable function may charge the client such fee for the purposes of recovering the costs of providing the attendance service as the person may determine.

• (5) Fees paid to the Secretary of State by virtue of this section must be paid into the Consolidated Fund.

• (6) A fee payable by virtue of this section may be recovered as a debt due to the Secretary of State.

• (7) This section is without prejudice to—

• (a) section 68;

• (b) section 1 of the Consular Fees Act 1980 (fees for consular acts etc);

• (c) section 102 of the Finance (No. 2) Act 1987 (government fees and charges), or

• (d) any other power to charge a fee.

Welfare of children

Duty regarding the welfare of children

71

For the avoidance of doubt, this Act does not limit any duty imposed on the Secretary of State or any other person by section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding the welfare of children).

PART 7 — Final provisions

Financial provision

72

The following are to be paid out of money provided by Parliament—

• (a) expenditure incurred under or by virtue of this Act by the Secretary of State, and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Transitional and consequential provision

73

• (1) The Secretary of State may, by order, make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

• (2) The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of this Act.

• (3) The provision that may be made by an order under subsection (2) includes provision amending, repealing or revoking any enactment.

• (4) “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;

• (c) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;

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

• (5) In section 61(2) of the UK Borders Act 2007 (definition of “the Immigration Acts”)—

• (a) at the end of paragraph (h), omit “and”;

• (b) at the end of paragraph (i) insert

, and (j) the Immigration Act 2014.

.

• (6) Schedule 9 (transitional and consequential provision) has effect.

Orders and regulations

74

• (1) Any power of the Secretary of State or Treasury to make an order or regulations under this Act is exercisable by statutory instrument.

• (2) A statutory instrument containing any of the following orders or regulations may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House of Parliament—

• (a) an order under section 20(7), 23(6) or 25(5);

• (b) an order under section 38;

• (ba) regulations under section 40A(4);

• (bb) regulations under section 40B;

• (c) regulations under section 41;

• (d) an order under section 43, or under a section amended by such an order;

• (e) the first regulations under section 50(1);

• (f) the first regulations under section 50(5);

• (g) the first regulations under section 51(3);

• (h) the first regulations under section 51(4);

• (i) an order under section 53 or 54(4) or (6);

• (j) a fees order (within the meaning of section 68);

• (ja) regulations under section 70A;

• (k) an order under section 73(2) which amends or repeals primary legislation;

• (l) an order under paragraph 2(3)(e) of Schedule 6.

• (3) “Primary legislation” means any of the following—

• (a) a public general Act;

• (b) an Act of the Scottish Parliament;

• (c) a Measure or Act of the National Assembly for Wales;

• (d) Northern Ireland legislation.

• (4) A statutory instrument containing any other order or regulations made by the Secretary of State or Treasury under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) But subsection (4) does not apply to a statutory instrument containing an order under any of sections 35(3), 73(1) and 75(3) (subject to subsection (7)).

• (6) Subsection (7) applies if an order under section 75(3) is made which—

• (a) brings into force a provision of Chapter 1 of Part 3,

• (b) brings that provision into force only in relation to a particular area or areas within England and Wales, Scotland or Northern Ireland, and

• (c) is the first order to be made bringing into force a provision of that Chapter only in relation to an area or areas within England and Wales, Scotland or Northern Ireland.

• (7) A statutory instrument containing any subsequent order under section 75(3) (after the order mentioned in subsection (6)) that brings into force a provision of Chapter 1 of Part 3 for anywhere other than the area or areas mentioned in paragraph (b) of that subsection is subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) An order or regulations made by the Secretary of State or Treasury under this Act may—

• (a) make different provision for different purposes or areas,

• (b) make provision which applies generally or only for particular purposes or areas,

• (c) make transitional, transitory or saving provision, or

• (d) make incidental, supplementary or consequential provision.

Commencement

75

• (1) This Part, other than section 73(6) and Schedule 9, comes into force on the day on which this Act is passed.

• (2) Section 56, section 59 and Schedule 6, and section 62 come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (3) Subject to subsections (1) and (2), this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or areas.

Extent

76

• (1) This Act extends to England and Wales, Scotland and Northern Ireland.

• (2) Subsection (1) is subject to subsection (3).

• (3) Section 59 and Schedule 6 extend to England and Wales only.

• (4) Subsections (1) to (3) do not apply to an amendment, repeal or revocation made by this Act.

• (5) An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked (ignoring extent by virtue of an Order in Council).

• (6) Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

• (7) Subsection (6) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (5).

Short title

77

This Act may be cited as the Immigration Act 2014.

SCHEDULE 1

Power to escort detained persons

1

In Schedule 2 to the Immigration Act 1971, in paragraph 18(3) (power to escort detained persons) for the first “or of” substitute “ an immigration officer, or ”.

Power to search detained persons

2

• (1) In Schedule 2 to the Immigration Act 1971, after paragraph 18 insert—

(18A) (1) An immigration officer or constable may search a person (“P”) who is detained under paragraph 16 for anything which P might use— (a) to cause physical injury to P or others, or (b) to assist P's escape from legal custody. (2) The power to search P— (a) unless sub-paragraph (3) applies, does not include power to require P to remove any clothing other than an outer coat, jacket or glove, but (b) includes power to require P to open P's mouth. (3) This sub-paragraph applies if an immigration officer or constable has reasonable grounds to believe that there is concealed on P anything which P might use as mentioned in sub-paragraph (1). (4) The power to search P may be exercised only to the extent reasonably required for the purpose of discovering anything which P might use as mentioned in sub-paragraph (1). (5) An intimate search (as defined in section 28H(11)) may not be conducted under this paragraph. (6) An immigration officer or constable may seize and retain anything found on a search of P if the officer or constable has reasonable grounds to believe P might use it as mentioned in sub-paragraph (1). (7) Nothing seized under sub-paragraph (6) may be retained when P is released from detention under paragraph 16.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 10(7) of the Immigration and Asylum Act 1999 (which applies certain provisions of Schedule 2 to the Immigration Act 1971), for “18” substitute “ 18A ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In regulation 22(2) of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003) (which applies certain provisions of Schedule 2 to the Immigration Act 1971), for “18” substitute “ 18A ”.

Entry and search of premises

3

• (1) Paragraph 25A of Schedule 2 to the Immigration Act 1971 (power to enter premises and search for documents following arrest) is amended as follows.

• (2) In sub-paragraph (1)(b) for “by a constable (other than under this Schedule)” substitute “ other than under this Schedule ”.

• (3) After sub-paragraph (6) insert—

(6A) If, on an application made by an immigration officer, a justice of the peace is satisfied that— (a) there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which are specified in the application, and (b) any of the conditions in sub-paragraph (6B) is met, the justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises. (6B) The conditions are that— (a) it is not practicable to communicate with any person entitled to grant entry to the premises; (b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the relevant documents; (c) entry to the premises will not be granted unless a warrant is produced; (d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry. (6C) In the application of sub-paragraph (6A) to Scotland, references to a justice of the peace are to be treated as references to the sheriff or a justice of the peace.

• (4) In sub-paragraph (7)—

• (a) for “sub-paragraph (2)” substitute “ this paragraph ”;

• (b) in paragraph (a) omit “and retain”;

• (c) omit paragraph (b) and the “but” before it.

• (5) After sub-paragraph (8) insert—

(8A) An immigration officer may retain a document seized under sub-paragraph (7) while the officer has reasonable grounds for believing that— (a) the arrested person may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and (b) retention of the document may facilitate the person's removal.

4

In sections 28J(11) and 28K(14) of the Immigration Act 1971 (warrants - safeguards and execution) after “paragraph 17(2)” insert “ or 25A(6A) ”.

General power to use reasonable force

5

In section 146(1) of the Immigration and Asylum Act 1999 (power of immigration officer to use reasonable force when exercising powers under certain enactments) for “the 1971 Act or this Act” substitute “ the Immigration Acts ”.

SCHEDULE 2

Immigration Act 1971 (c. 77)

1

• (1) Schedule 2 to the Immigration Act 1971 (entry control) is amended as follows.

• (2) In paragraph 4(5)—

• (a) after “provide” insert “ biometric ”;

• (b) omit from “about his external physical characteristics” to the end.

• (3) After paragraph 4(5) insert—

(6) Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.

• (4) In paragraph 18(2A), for “fingerprints” substitute “ biometric information (within the meaning given by section 15 of the UK Borders Act 2007) ”.

Immigration and Asylum Act 1999 (c. 33)

2

• (1) Section 144 of the Immigration and Asylum Act 1999 (provision for collecting physical data other than fingerprints) is amended as follows.

• (2) In subsection (1), for “data about external physical characteristics” substitute “ biometric information ”.

• (3) For subsection (2) substitute—

(2) Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.

Nationality, Immigration and Asylum Act 2002 (c. 41)

3

• (1) Section 126 of the Nationality, Immigration and Asylum Act 2002 (power to require provision of physical data with certain immigration applications) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), for “information about external physical characteristics of the applicant” substitute “ biometric information ”;

• (b) in paragraphs (b) and (c), for “information about his external physical characteristics” substitute “ biometric information ”.

• (3) In subsection (4)(a), (b) and (c), before “information” insert “ biometric ”.

• (4) In subsection (9), after the definition of “authorised person” insert—

“biometric information” has the meaning given by section 15 of the UK Borders Act 2007,

.

• (5) In that subsection, omit the definition of “external physical characteristics” (and the “and” before it).

4

• (1) Section 127 of that Act (voluntary provision of physical data) is amended as follows.

• (2) In subsection (1), for “information about his external physical characteristics” substitute “ biometric information ”.

• (3) In subsection (2)(a) and (b), before “information” insert “ biometric ”.

• (4) In subsection (3)—

• (a) after paragraph (a) insert—

(aa) biometric information”, and

;

• (b) omit the “and” at the end of paragraph (b);

• (c) omit paragraph (c).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

5

In section 35(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (imposition of requirements to facilitate deportation or removal), for paragraph (c) substitute—

(c) provide biometric information (within the meaning of section 15 of the UK Borders Act 2007), or submit to a process by means of which such information is obtained or recorded;

.

SCHEDULE 3

Social housing

1

• (1) An agreement that grants a right of occupation in social housing.

• (2) “Social housing” means accommodation provided to a person by virtue of a relevant provision.

• (3) “Relevant provision” means a provision of—

• (a) in relation to England and Wales—

• (i) Part 2 of the Housing Act 1985, or

• (ii) Part 6 or 7 of the Housing Act 1996;

• (b) in relation to Scotland, Part 1 or 2 of the Housing (Scotland) Act 1987;

• (c) in relation to Northern Ireland—

• (i) Chapter 4 of Part 2 of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)), or

• (ii) Part 2 of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)).

• (4) Accommodation provided to a person by virtue of a relevant provision includes accommodation provided in pursuance of arrangements made under any such provision.

2

• (1) This paragraph applies for the purposes of paragraph 1.

• (2) An allocation of housing accommodation by a local housing authority in England to a person who is already—

• (a) a secure or introductory tenant, or

• (b) an assured tenant of housing accommodation held by a private registered provider of social housing or a registered social landlord,

is to be treated as an allocation of housing accommodation by virtue of Part 6 of the Housing Act 1996 (and accordingly section 159(4A) of that Act is to be ignored).

• (3) An allocation of housing accommodation that falls within a case specified in, or prescribed under, section 160 of the Housing Act 1996 (cases where provisions about allocation under Part 6 of that Act do not apply) is to be treated as an allocation of housing accommodation by virtue of Part 6 of that Act (and accordingly that section is to be ignored).

• (4) An allocation of housing accommodation by virtue of Part 1 of the Housing (Scotland) Act 1987 is to be treated as provided by virtue of a relevant provision only if it is provided by a local authority within the meaning of that Act (or in pursuance of arrangements made under or for the purposes of that Part with a local authority).

• (5) Accommodation provided to a person in Northern Ireland by a registered housing association is to be treated as provided to the person by virtue of a relevant provision.

• (6) Terms used in sub-paragraphs (2) and (3) have the same meanings as in Part 6 of the Housing Act 1996.

• (7) In sub-paragraph (5) “registered housing association” means a housing association, within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15)), that is registered in the register of housing associations maintained under Article 14 of that Order.

Care homes

3

• (1) An agreement that grants a right of occupation in a care home.

• (2) “Care home” means—

• (a) in relation to England and Wales, an establishment that is a care home for the purposes of the Care Standards Act 2000;

• (aa) premises in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over;

• (b) in relation to Scotland, accommodation that is provided as a care home service within the meaning of Part 5 of the Public Services Reform (Scotland) Act 2010;

• (c) in relation to Northern Ireland, an establishment that is a residential care home, or a nursing home, for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)).

Hospitals and hospices

4

• (1) An agreement that grants a right of occupation of accommodation in a hospital or hospice.

• (2) “Hospital”—

• (a) in relation to England, has the meaning given in section 275 of the National Health Service Act 2006;

• (b) in relation to Wales, has the meaning given in section 206 of the National Health Service (Wales) Act 2006;

• (c) in relation to Scotland, has the meaning given in section 108 of the National Health Service (Scotland) Act 1978;

• (d) in relation to Northern Ireland, has the meaning given in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)).

• (3) “Hospice” means an establishment other than a hospital whose primary function is the provision of palliative care to persons resident there who are suffering from a progressive disease in its final stages.

Other accommodation relating to healthcare provision

5

• (1) An agreement—

• (a) under which accommodation is provided to a person as a result of a duty imposed on a relevant NHS body by an enactment, and

• (b) which is not excluded by another provision of this Schedule.

• (2) “Relevant NHS body” means—

• (a) in relation to England—

• (i) an integrated care board, or

• (ii) NHS England;

• (b) in relation to Wales, a local health board;

• (c) in relation to Scotland, a health board constituted by order made under section 2 of the National Health Service (Scotland) Act 1978;

• (d) in relation to Northern Ireland, a Health and Social Services trust.

Hostels and refuges

6

• (1) An agreement that grants a right of occupation of accommodation in a hostel or refuge.

• (2) “Hostel” means a building which satisfies the following two conditions.

• (3) The first condition is that the building is used for providing to persons generally, or to a class of persons—

• (a) residential accommodation otherwise than in separate and self-contained premises, and

• (b) board or facilities for the preparation of food adequate to the needs of those persons (or both).

• (4) The second condition is that any of the following applies in relation to the building—

• (a) it is managed by a registered housing association;

• (b) it is not operated on a commercial basis and its costs of operation are provided wholly or in part by a government department or agency, or by a local authority;

• (c) it is managed by a voluntary organisation or charity.

• (5) “Refuge” means a building which satisfies the second condition in sub-paragraph (4) and is used wholly or mainly for providing accommodation to persons who have been subject to any incident, or pattern of incidents, of—

• (a) controlling, coercive or threatening behaviour,

• (b) physical violence,

• (c) abuse of any other description (whether physical or mental in nature), or

• (d) threats of any such violence or abuse.

• (6) In this paragraph—

• “government department” includes—any part of the Scottish Administration;a Northern Ireland department;the Welsh Assembly Government;any body or authority exercising statutory functions on behalf of the Crown;

• “registered housing association” means—a private registered provider of social housing;a registered social landlord within the meaning of Part 1 of the Housing Act 1996 or section 165 of the Housing (Scotland) Act 2010;a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15));

• “voluntary organisation” means a body, other than a public or local authority, whose activities are not carried on for profit.

Accommodation from or involving local authorities

7

• (1) An agreement—

• (a) under which accommodation is provided to a person as a result of a duty or relevant power that is imposed or conferred on a local authority by an enactment (whether or not provided by the local authority), and

• (b) which is not excluded by another provision of this Schedule.

• (2) “Relevant power” means a power that is exercised for, or in connection with, a purpose of providing accommodation to a person who is homeless or is threatened with homelessness.

• (3) In sub-paragraph (2) the reference to a person who is homeless or is threatened with homelessness is to be read in accordance with—

• (a) in relation to England and Wales, section 175 of the Housing Act 1996;

• (b) in relation to Scotland, section 24 of the Housing (Scotland) Act 1987;

• (c) in relation to Northern Ireland, Article 3 of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)).

Accommodation provided by virtue of immigration provisions

8

An agreement granting a right of occupation of accommodation that is provided to an individual by virtue of any of the following provisions of the Immigration and Asylum Act 1999—

• (a) section 4 (provision of accommodation to persons granted temporary admission etc);

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

• (c) section 98 (provision of temporary 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));

• (c) a body established for charitable purposes only.

• (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;

• (c) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;

• (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;

• (c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• (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 ”;

• (c) for “15 day period” (in each place) substitute “ 28 day period ”.

• (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).

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• (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.

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• (2) After section 31 insert—