Immigration Act 2016

• (2) The repeals made by paragraph 2(d) (which remove the right to appeal against a decision not to continue to provide accommodation for a person under section 4 of the Immigration and Asylum Act 1999) apply in relation to any decision not to continue to provide accommodation under that section for any person within sub-paragraph (1) which is made on or after the day on which paragraph 2(d) comes into force.

• (3) On and after the day on which paragraphs 1 and 2 come into force, section 4 of the Immigration and Asylum Act 1999 has effect in relation to persons within sub-paragraph (1) as if in subsection (11)(b) the word “not” were omitted.

• (4) In this paragraph “dependant” has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).

47

• (1) The repeal made by paragraph 7(5) does not apply in relation to—

• (a) any person for whom support is being provided under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act immediately before the day on which paragraph 7(5) comes into force,

• (b) any person who has made an application before that day for support to be provided under section 95 of that Act and whose application has not been determined or withdrawn before that day,

• (c) any person who has appealed before that day against a decision not to provide support for the person under that section, or a decision not to continue to provide support for the person under that section, and whose appeal has not been determined or withdrawn before that day, and

• (d) any dependant of a person within paragraph (a), (b) or (c).

• (2) Where by virtue of sub-paragraph (1) a person is provided with support under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act on or after the day on which paragraph 7(5) comes into force, section 103 of that Act (appeals) does not apply in relation to any decision not to continue to provide that support for that person which is made on or after that day.

• (3) In this paragraph “dependant” has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).

48

Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) has effect as if—

• (a) after paragraph 7C there were inserted—

(7D) (1) Paragraph 1 applies to a person if— (a) the person is a transitionally-supported person (see sub-paragraph (3)), (b) the Secretary of State has certified that, in the Secretary of State's opinion, the person has failed without reasonable excuse to take reasonable steps— (i) to leave the United Kingdom voluntarily, or (ii) to place himself in a position in which he is able to leave the United Kingdom voluntarily, (c) the person has received a copy of the Secretary of State's certificate, and (d) the period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed. (2) Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1). (3) A person is a “transitionally-supported person” if— (a) accommodation is provided for the person by virtue of section 4 of the Immigration and Asylum Act 1999 as that section has effect by virtue of paragraph 46 of Schedule 11 to the Immigration Act 2016, or (b) support is provided for the person under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act, as that provision has effect by virtue of paragraph 47 of that Schedule. (4) For the purpose of sub-paragraph (1)(d), if the Secretary of State sends a copy of a certificate by first class post to a person's last known address, the person is treated as receiving the copy on the second day after the day on which it was posted. (5) The Secretary of State may by regulations vary the period specified in sub-paragraph (1)(d).

, and

• (b) in paragraph 14 (information), references to paragraph 7 included a reference to the paragraph 7D treated as inserted by this Schedule.

SCHEDULE 12

1

Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) is amended as follows.

2

• (1) Paragraph 1 (ineligibility for support) is amended as follows.

• (2) In sub-paragraph (1) (excluded support or assistance) after paragraph (g) insert—

(ga) in relation only to a person in England to whom this paragraph applies by virtue of paragraph 4... or 7B— (i) section 23CZA of that Act (arrangements for certain former relevant children to continue to live with former foster parents), or (ii) regulations under section 23D of that Act (personal advisers),

.

• (3) In that sub-paragraph, in paragraph (h) for “or 36” substitute “ , 35A or 35B ”.

• (4) After sub-paragraph (2) insert—

(2A) In the case of the provisions referred to in sub-paragraph (1)(ga), sub-paragraph (2) applies only in relation to a person in England to whom this paragraph applies by virtue of paragraph 4... or 7B.

3

After paragraph 1 insert—

(1A) (1) A person to whom this paragraph applies is not eligible for assistance under section 23C(4)(b), 23CA(4) or 24B(2)(b) of the Children Act 1989 (grants to meet expenses connected with education or training) which consists of a grant to enable the person to meet all or part of the person's tuition fees. (2) The duty in section 23C(4)(b) or 23CA(4) of that Act and the power in section 24B(2)(b) of that Act may not be exercised or performed in respect of a person to whom this paragraph applies so as to make a grant to enable the person to meet all or part of the person's tuition fees. (3) This paragraph applies to a person in England who is aged 18 or over and who— (a) has leave to enter or remain in the United Kingdom which has been granted for a limited period, (b) is an asylum-seeker, or (c) has made an application for leave to enter or remain in the United Kingdom which has not been withdrawn or determined. (4) In this paragraph “tuition fees” means fees payable for a course of a description mentioned in Schedule 6 to the Education Reform Act 1988.

4

• (1) Paragraph 2(1) (exceptions) is amended as follows.

• (2) In paragraph (c) for “or 10” substitute “ , 10, 10A or 10B ”.

• (3) After the “or” at the end of paragraph (c) insert—

(ca) under section 95A or 98A of the Immigration and Asylum Act 1999 (support for failed asylum-seekers etc), or

.

5

After paragraph 2 insert—

(2A) (1) Paragraph 1(1)(g) or (ga) does not prevent the provision of support or assistance under a relevant provision to a person to whom paragraph 1 would otherwise apply by virtue of paragraph 7B if— (a) conditions A and B are satisfied in relation to that person, and (b) condition C, D or E is satisfied in relation to that person. (2) In sub-paragraph (1) “relevant provision” means— (a) section 23C, 23CZA or 23CA of the Children Act 1989, (b) regulations under section 23D of that Act, or (c) section 24A or 24B of that Act. (3) Condition A is that— (a) the person has made an application for leave to enter or remain in the United Kingdom, and (b) where regulations made by the Secretary of State require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind. (4) Condition B is that— (a) the application is the first application for leave to enter or remain in the United Kingdom that the person has made, or (b) where regulations under sub-paragraph (3)(b) require that the application must be of a kind specified in the regulations for condition A to be satisfied, the application is the first application of that kind that the person has made. (5) Condition C is that the application has not been determined or withdrawn. (6) Condition D is that— (a) the application has been refused, (b) the person could bring an appeal under section 82(1) against the refusal (ignoring any possibility of an appeal out of time with permission), and (c) if the person brought such an appeal, it would not be one that, by virtue of section 92(6), would have to be continued from outside the United Kingdom. (7) Condition E is that— (a) the application has been refused, (b) the person has appealed under section 82(1) against the refusal, (c) the appeal is not one that, by virtue of section 92(6), must be continued from outside the United Kingdom, and (d) the appeal is pending within the meaning of section 104. (8) For the purposes of sub-paragraph (3) the Secretary of State may by regulations provide for circumstances in which— (a) a person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one), or (b) a person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit.

6

After paragraph 3 insert—

(3A) Notwithstanding paragraph 3, paragraph 1(1)(g) prevents a local authority in England from providing support or assistance under section 17 of the Children Act 1989 to a person in respect of a child if — (a) the support or assistance is of a type that could be provided to the person by virtue of paragraph 10A (see paragraph 10A(11)), and (b) support is being provided to the person by virtue of paragraph 10A or there are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph. (3B) Notwithstanding paragraph 3, paragraph 1(1)(g) prevents a local authority in England from providing support or assistance under section 23C, 23CA, 24A or 24B of the Children Act 1989 to a person if— (a) support is being provided to the person by virtue of paragraph 10B or section 95A of the Immigration and Asylum Act 1999, or (b) there are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph or section. (3C) Notwithstanding paragraph 3, paragraph 1(1)(ga) prevents a local authority in England from providing support or assistance under a provision mentioned in paragraph (ga) to a person if— (a) support is being provided to the person by virtue of paragraph 10B or section 95A of the Immigration and Asylum Act 1999, or (b) there are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph or section.

7

In paragraph 6 (third class of ineligible person: failed asylum-seeker), in sub-paragraph (1), in the words before sub-paragraph (a), after “person” insert “ in Wales, Scotland or Northern Ireland ”.

8

In paragraph 7 (fourth class of ineligible person: person unlawfully in United Kingdom), in the words before sub-paragraph (a), after “person” insert “ in Wales, Scotland or Northern Ireland ”.

9

Before paragraph 8 insert—

(7B) (1) Paragraph 1 applies to a person in England if— (a) under the Immigration Act 1971, he requires leave to enter or remain in the United Kingdom but does not have it, and (b) he is not an asylum-seeker. (2) Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

After paragraph 10 insert—

(10A) (1) The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person to whom paragraph 1 applies by virtue of paragraph 7B(1) ... and— (a) who is destitute, (b) who has with him a dependent child, (c) who is not a relevant failed asylum seeker, and (d) in relation to whom condition A, B, C, D or E is satisfied. (2) A person is a “relevant failed asylum seeker” for the purposes of sub-paragraph (1)(c) if the person is a failed asylum seeker within the meaning of Part 6 of the Immigration and Asylum Act 1999 and— (a) the person is receiving support under section 95A of that Act, (b) the person has made an application for such support which has not been refused, or (c) there are reasonable grounds for believing such support would be provided to the person if an application by the person for such support were made. (3) Condition A is that— (a) the person has made an application for leave to enter or remain in the United Kingdom and has not withdrawn the application, (b) where regulations under this paragraph require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind, and (c) the application has not been determined. (4) Condition B is that— (a) the person could bring an appeal under section 82(1) (ignoring any possibility of an appeal out of time with permission), and (b) if the person brought such an appeal, it would not be one that, by virtue of section 92(6), would have to be continued from outside the United Kingdom. (5) Condition C is that— (a) the person has appealed under section 82(1), (b) the appeal is not one that, by virtue of section 92(6), must be continued from outside the United Kingdom, and (c) the appeal is pending within the meaning of section 104. (6) Condition D is that— (a) the person's appeal rights are exhausted, and (b) he has not failed to cooperate with arrangements that would enable him to leave the United Kingdom. (7) Condition E is that a person specified in regulations under this paragraph is satisfied that the provision of support is necessary to safeguard and promote the welfare of a dependent child. (8) Regulations under this paragraph may specify— (a) factors which a person specified by virtue of sub-paragraph (7) may or must take into account in making a determination under that sub-paragraph; (b) factors which such a person must not take into account in making such a determination. (9) The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person (“P”)— (a) to whom paragraph 1 applies by virtue of paragraph 7B(1) ..., and (b) who it appears to a person specified in the regulations may be destitute, until a person by whom support may be provided under arrangements by virtue of sub-paragraph (1) is able to determine whether such support should be provided to P. (10) Arrangements for a person by virtue of this paragraph may include arrangements for a dependant. (11) The support that may be provided under arrangements by virtue of this paragraph may take the form of— (a) accommodation; (b) subsistence in kind, or cash or vouchers to pay for subsistence. (12) Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999 (meaning of “destitute”) apply for the purposes of this paragraph as they apply for the purposes of that section. (13) For the purposes of sub-paragraph (3) regulations under this paragraph may provide for circumstances in which— (a) a person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one); (b) a person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit. (14) For the purposes of sub-paragraph (6) a person's appeal rights are exhausted at the time when— (a) he could not bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and (b) no appeal brought by him is pending within the meaning of section 104. (10B) (1) The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person to whom paragraph 1 applies by virtue of paragraph 7B(1) and— (a) who would otherwise be eligible for support or assistance under section 23C, 23CZA or 23CA of the Children Act 1989, under regulations under section 23D of that Act or under section 24A or 24B of that Act, and (b) in relation to whom condition A, B, C or D is satisfied. (2) Condition A is that— (a) the person is destitute, (b) the person has made an application for leave to enter or remain in the United Kingdom and has not withdrawn the application, (c) where regulations under this paragraph require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind, and (d) the application has not been determined. (3) Condition B is that— (a) the person is destitute, (b) the person could bring an appeal under section 82(1) (ignoring any possibility of an appeal out of time with permission), and (c) if the person brought an appeal under section 82(1), it would not be one that, by virtue of section 92(6), would have to be continued from outside the United Kingdom. (4) Condition C is that— (a) the person is destitute, (b) the person has appealed under section 82(1), (c) the appeal is not one that, by virtue of section 92(6), must be continued from outside the United Kingdom, and (d) the appeal is pending within the meaning of section 104. (5) Condition D is that— (a) the person's appeal rights are exhausted, and (b) a person specified in regulations under this paragraph is satisfied that support needs to be provided to the person. (6) Regulations under this paragraph may specify— (a) factors which a person specified by virtue of paragraph (b) of sub-paragraph (5) may or must take into account in making a determination under that paragraph; (b) factors which such a person must not take into account in making such a determination. (7) The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person (“P”)— (a) to whom paragraph 1 applies by virtue of paragraph 7B(1), and (b) who it appears to a person specified in the regulations may be destitute, until a person by whom support may be provided under arrangements by virtue of sub-paragraph (1) is able to determine whether such support should be provided to P. (8) The support that may be provided under arrangements by virtue of this paragraph may, in particular, take the form of— (a) accommodation; (b) subsistence in kind, or cash or vouchers to pay for subsistence. (9) Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999 (meaning of “destitute”) apply for the purposes of this paragraph as they apply for the purposes of that section. (10) For the purposes of sub-paragraph (2) regulations under this paragraph may provide for circumstances in which— (a) a person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one); (b) a person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit. (11) For the purposes of sub-paragraph (5) a person's appeal rights are exhausted at the time when— (a) he could not bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and (b) no appeal brought by him is pending within the meaning of section 104.

11

In paragraph 11 (assistance and accommodation: general), in the words before sub-paragraph (a), for “or 10” substitute “ , 10, 10A or 10B ”.

12

In paragraph 13 (offences), in sub-paragraphs (1)(b) and (2)(a), for “or 10” substitute “ , 10, 10A or 10B ”.

13

In paragraph 14 (information), in sub-paragraphs (1) and (2), for “or 7” (as substituted by paragraph 26(8)(b) of Schedule 11) substitute “, 7 or 7B”.

14

• (1) Paragraph 15 (power to amend Schedule 3) is amended as follows.

• (2) After paragraph (a) insert—

(aa) to modify any of the classes of person to whom paragraph 1 applies;

.

• (3) In paragraph (c) after “remove” insert “ , or modify the application of, ”.

• (4) After paragraph (c) insert—

(d) to enable regulations to be made by the Secretary of State providing for arrangements to be made for support to be provided to a class of person to whom paragraph 1 applies; (e) to apply paragraph 1A in relation to Wales; (f) to make provision which has a similar effect to paragraph 1A and which applies in relation to Scotland or Northern Ireland.

15

• (1) Paragraph 16 (orders and regulations) is amended as follows.

• (2) In sub-paragraph (2)(d) after “amending” insert “ , repealing or revoking ”.

• (3) In sub-paragraph (3) after “2(1)(d) or (e)” insert “ , 2A(3)(b), 10A or 10B ”.

16

In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements) after paragraph 8 insert—

(8A) An agreement under which accommodation is provided to a person under arrangements made by virtue of paragraph 10A or 10B of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (support for certain persons who are otherwise ineligible for support by virtue of that Schedule).

SCHEDULE 13

This is the Part 1A of Schedule 2 to the Immigration Act 1971 referred to in section 74(2)—

SCHEDULE 14

1

The Immigration Act 1971 is amended as follows.

2

In section 25(1) (offence of assisting unlawful immigration to member State), in paragraphs (a) and (b) after “breach” insert “ or attempted breach ”.

3

In section 25A (helping an asylum-seeker to enter United Kingdom) in subsection (1)(a)—

• (a) after “arrival” insert “ or attempted arrival ”, and

• (b) after “entry” insert “ or attempted entry ”.

4

In section 25B (assisting entry to United Kingdom in breach of deportation or exclusion order)—

• (a) in subsection (1), in paragraphs (a) and (b) after “breach” insert “ or attempted breach ”,

• (b) for subsection (2) substitute—

(2) Subsection (3) applies where the Secretary of State has made an order excluding an individual from the United Kingdom on the grounds of public policy, public security or public health, other than a temporary exclusion order.

,

• (c) in subsection (3)—

• (i) in paragraphs (a) and (b) after “remain” insert “ , or attempt to arrive in, enter or remain, ”, and

• (ii) in paragraph (c) for the words from “personally” to the end substitute “ made an order excluding the individual from the United Kingdom on the grounds of public policy, public security or public health ”, and

• (d) after subsection (4) insert—

(5) In this section a “temporary exclusion order” means an order under section 2 of the Counter-Terrorism and Security Act 2015.

5

In section 28 (proceedings) after subsection (2) insert—

(2A) Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under section 25, 25A or 25B.

6

In section 28A(3) (arrest without warrant) in paragraphs (a) and (b) after “committed” insert “ or attempted to commit ”.

7

After Part 3 insert—

(28M) (1) An immigration officer, an English and Welsh constable or an enforcement officer may exercise the powers set out in Part 1 of Schedule 4A (“Part 1 powers”) in relation to any of the following in England and Wales waters— (a) a United Kingdom ship; (b) a ship without nationality; (c) a foreign ship; (d) a ship registered under the law of a relevant territory. (2) But Part 1 powers may be exercised only— (a) for the purpose of preventing, detecting, investigating or prosecuting an offence under section 25, 25A or 25B, and (b) in accordance with the rest of this section. (3) The authority of the Secretary of State is required before an immigration officer, an English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom. (4) Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 1 powers in relation to the ship. (28N) (1) An immigration officer, a Scottish constable or an enforcement officer may exercise the powers set out in Part 2 of Schedule 4A (“Part 2 powers”) in relation to any of the following in Scotland waters— (a) a United Kingdom ship; (b) a ship without nationality; (c) a foreign ship; (d) a ship registered under the law of a relevant territory. (2) But Part 2 powers may be exercised only— (a) for the purpose of preventing, detecting, investigating or prosecuting an offence under section 25, 25A or 25B, and (b) in accordance with the rest of this section. (3) The authority of the Secretary of State is required before an immigration officer, a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom. (4) Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 2 powers in relation to the ship. (28O) (1) An immigration officer, a Northern Ireland constable or an enforcement officer may exercise the powers set out in Part 3 of Schedule 4A (“Part 3 powers”) in relation to any of the following in Northern Ireland waters— (a) a United Kingdom ship; (b) a ship without nationality; (c) a foreign ship; (d) a ship registered under the law of a relevant territory. (2) But Part 3 powers may be exercised only— (a) for the purpose of preventing, detecting, investigating or prosecuting an offence under section 25, 25A or 25B, and (b) in accordance with the rest of this section. (3) The authority of the Secretary of State is required before an immigration officer, a Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom. (4) Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 3 powers in relation to the ship. (28P) (1) An immigration officer, an English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a ship in Scotland waters or in Northern Ireland waters if— (a) the ship is pursued there, (b) immediately before the pursuit of the ship, the ship was in England and Wales waters, and (c) the condition in subsection (7) is met. (2) Part 1 powers may be exercised under subsection (1) only— (a) for the purpose mentioned in subsection (2)(a) of section 28M, and (b) (if relevant) in accordance with subsections (3) and (4) of that section. (3) An immigration officer, a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a ship in England and Wales waters or in Northern Ireland waters if— (a) the ship is pursued there, (b) immediately before the pursuit of the ship, the ship was in Scotland waters, and (c) the condition in subsection (7) is met. (4) Part 2 powers may be exercised under subsection (3) only— (a) for the purpose mentioned in subsection (2)(a) of section 28N, and (b) (if relevant) in accordance with subsections (3) and (4) of that section. (5) An immigration officer, a Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a ship in England and Wales waters or in Scotland waters if— (a) the ship is pursued there, (b) immediately before the pursuit of the ship, the ship was in Northern Ireland waters, and (c) the condition in subsection (7) is met. (6) Part 3 powers may be exercised under subsection (5) only— (a) for the purpose mentioned in subsection (2)(a) of section 28O, and (b) (if relevant) in accordance with subsections (3) and (4) of that section. (7) The condition referred to in subsection (1)(c), (3)(c) and (5)(c) is that— (a) before the pursuit of the ship, a signal is given for it to stop, and (b) the pursuit of the ship is not interrupted. (8) The signal referred to in subsection (7)(a) must be given in such a way as to be audible or visible from the ship. (9) For the purposes of subsection (7)(b), pursuit is not interrupted by reason only of the fact that— (a) the method of carrying out the pursuit, or (b) the identity of the ship or aircraft carrying out the pursuit, changes during the course of the pursuit. (10) Nothing in this Part affects any other legal right of hot pursuit that a constable or an enforcement officer may have. (28Q) (1) In this Part— - “the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom; - “enforcement officer” means— 1. a person who is a commissioned officer of any of Her Majesty's ships, or 2. a person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force; - “England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales; - “English and Welsh constable” means only a person who is— 1. a member of a police force in England and Wales, 2. a member of the British Transport Police Force, or 3. a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964; - “foreign ship” means a ship which— 1. is registered in a State other than the United Kingdom, or 2. is not so registered but is entitled to fly the flag of a State other than the United Kingdom; - “Northern Ireland constable” means only a person who is— 1. a member of the Police Service of Northern Ireland, 2. a member of the Police Service of Northern Ireland Reserve, or 3. a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847; - “Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland; - “Part 1 powers” means the powers set out in Part 1 of Schedule 4A; - “Part 2 powers” means the powers set out in Part 2 of that Schedule; - “Part 3 powers” means the powers set out in Part 3 of that Schedule; - “relevant territory” means— 1. the Isle of Man; 2. any of the Channel Islands; 3. a British overseas territory; - “Scottish constable” means only a person who is a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8); - “Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland; - “ship” includes every description of vessel (including a hovercraft) used in navigation; - “ship without nationality” means a ship which— 1. is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or 2. sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience; - “United Kingdom ship” means a ship which— 1. is registered under Part 2 of the Merchant Shipping Act 1995, 2. is a Government ship within the meaning of that Act, 3. is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or 4. is registered under an Order in Council under section 1 of the Hovercraft Act 1968. (2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is— (a) a British citizen, a British overseas territories citizen or a British Overseas citizen, (b) an individual who is habitually resident in the United Kingdom, or (c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.

8

After Schedule 4 insert—

SCHEDULE 4A (1) (1) This Part of this Schedule sets out the powers exercisable by immigration officers, English and Welsh constables and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under sections 28M and 28P(1). (2) In this Part of this Schedule— - “items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act); - “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised. (2) (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that— (a) an offence under section 25, 25A or 25B is being, or has been, committed on the ship, or (b) the ship is otherwise being used in connection with the commission of an offence under any of those sections. (2) The relevant officer may— (a) stop the ship; (b) board the ship; (c) require the ship to be taken to a port in the United Kingdom and detained there. (3) The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c). (4) A relevant officer must give notice in writing to the master of any ship detained under this paragraph. (5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer. (3) (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating— (a) to an offence under section 25, 25A and 25B, or (b) to an offence that is connected with an offence under any of those sections. (2) The relevant officer may search— (a) the ship; (b) anyone on the ship; (c) anything on the ship (including cargo). (3) The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship. (4) The power to search conferred by sub-paragraph (2)— (a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and (b) in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves. (5) In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may— (a) open any containers; (b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe to be an item subject to legal privilege); (c) make photographs or copies of anything the production of which the relevant officer has power to require. (6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away. (7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3). (8) A power conferred by this paragraph may be exercised on the ship or elsewhere. (4) (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 25, 25A or 25B has been, or is being, committed on the ship. (2) The relevant officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence. (3) The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege). (4) A power conferred by this paragraph may be exercised on the ship or elsewhere. (5) (1) A relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to— (a) cause physical injury, (b) cause damage to property, or (c) endanger the safety of any ship. (2) The power conferred by sub-paragraph (1) may be exercised— (a) only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and (b) only to the extent that it is reasonably required for the purpose of discovering any such thing. (3) The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might— (a) cause physical injury, (b) cause damage to property, or (c) endanger the safety of any ship. (4) If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention. (5) A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth. (6) A power conferred by this paragraph may be exercised on the ship or elsewhere. (6) (1) A relevant officer may require a person found on the ship to produce a nationality document. (2) The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person. (3) The power conferred by sub-paragraph (2) may be exercised— (a) only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and (b) only to the extent that it is reasonably required for the purpose of discovering any such document. (4) Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 2. (5) The power to retain a nationality document in sub-paragraph (4) does not affect any other power of an immigration officer to retain a document. (6) Where the nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom. (7) The power conferred by this paragraph to search a person does not authorise a relevant officer to— (a) require the person to remove any clothing in public other than an outer coat, jacket or gloves, or (b) seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege. (8) In this paragraph a “nationality document”, in relation to a person, means any document which might— (a) establish the person's identity, nationality or citizenship, or (b) indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go. (9) A power conferred by this paragraph may be exercised on the ship or elsewhere. (7) to assist the officer in the exercise of powers under this Part of this Schedule. (1) A relevant officer may— (a) be accompanied by other persons, and (b) take equipment or materials, (2) A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer's supervision. (8) A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule. (9) A relevant officer must produce evidence of the officer's authority if asked to do so. (10) A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that— (a) the act was done in good faith, and (b) there were reasonable grounds for doing it. (11) (1) A person commits an offence under the law of England and Wales if the person— (a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or (b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions. (2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of England and Wales if— (a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or (b) the person intentionally fails to disclose any material particular. (3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph. (4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both. (5) In the application of sub-paragraph (4) in relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks is to be read as a reference to 6 months. (12) (1) This Part of this Schedule sets out the powers exercisable by immigration officers, Scottish constables and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under sections 28N and 28P(3). (2) In this Part of this Schedule— - “items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act); - “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised. (13) (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that— (a) an offence under section 25, 25A or 25B is being, or has been, committed on the ship, or (b) the ship is otherwise being used in connection with the commission of an offence under any of those sections. (2) The relevant officer may— (a) stop the ship; (b) board the ship; (c) require the ship to be taken to a port in the United Kingdom and detained there. (3) The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c). (4) A relevant officer must give notice in writing to the master of any ship detained under this paragraph. (5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer. (14) (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating— (a) to an offence under section 25, 25A or 25B, or (b) to an offence that is connected with an offence under any of those sections. (2) The relevant officer may search— (a) the ship; (b) anyone on the ship; (c) anything on the ship (including cargo). (3) The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship. (4) The power to search conferred by sub-paragraph (2)— (a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and (b) in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves. (5) In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may— (a) open any containers; (b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe to be an item subject to legal privilege); (c) make photographs or copies of anything the production of which the relevant officer has power to require. (6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away. (7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3). (8) A power conferred by this paragraph may be exercised on the ship or elsewhere. (15) (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 25, 25A or 25B has been, or is being, committed on the ship. (2) The relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence. (3) The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the officer has reasonable grounds to believe to be an item subject to legal privilege). (4) A power conferred by this paragraph may be exercised on the ship or elsewhere. (16) (1) The relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to— (a) cause physical injury, (b) cause damage to property, or (c) endanger the safety of any ship. (2) The power conferred by sub-paragraph (1) may be exercised— (a) only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and (b) only to the extent that it is reasonably required for the purpose of discovering any such thing. (3) The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might— (a) cause physical injury, (b) cause damage to property, or (c) endanger the safety of any ship. (4) If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention. (5) A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth. (6) A power conferred by this paragraph may be exercised on the ship or elsewhere. (17) (1) The relevant officer may require a person found on the ship to produce a nationality document. (2) The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person. (3) The power conferred by sub-paragraph (2) may be exercised— (a) only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and (b) only to the extent that it is reasonably required for the purpose of discovering any such document. (4) Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 13. (5) The power to retain a nationality document in sub-paragraph (4) does not affect any other power of an immigration officer to retain a document. (6) Where the nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom. (7) The power conferred by this paragraph to search a person does not authorise a relevant officer to— (a) require the person to remove any clothing in public other than an outer coat, jacket or gloves, or (b) seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege. (8) In this paragraph a “nationality document”, in relation to a person, means any document which might— (a) establish the person's identity, nationality or citizenship, or (b) indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go. (9) A power conferred by this paragraph may be exercised on the ship or elsewhere. (18) (1) A relevant officer may— (a) be accompanied by other persons, and (b) take equipment or materials, to assist the officer in the exercise of powers under this Part of this Schedule. (2) A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer‘s supervision. (19) A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule. (20) A relevant officer must produce evidence of the officer's authority if asked to do so. (21) A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that— (a) the act was done in good faith, and (b) there were reasonable grounds for doing it. (22) (1) A person commits an offence under the law of Scotland if the person— (a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or (b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions. (2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of Scotland if— (a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or (b) the person intentionally fails to disclose any material particular. (3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph. (4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both. (23) (1) This Part of this Schedule sets out the powers exercisable by immigration officers, Northern Ireland constables and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under sections 28O and 28P(5). (2) In this Part of this Schedule— - “items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)) (see Article 12 of that Order); - “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised. (24) (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that— (a) an offence under section 25, 25A or 25B is being, or has been, committed on the ship, or (b) the ship is otherwise being used in connection with the commission of an offence under any of those sections. (2) The relevant officer may— (a) stop the ship; (b) board the ship; (c) require the ship to be taken to a port in the United Kingdom and detained there. (3) The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c). (4) A relevant officer must give notice in writing to the master of any ship detained under this paragraph. (5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer. (25) (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating— (a) to an offence under section 25, 25A or 25B, or (b) to an offence that is connected with an offence under any of those sections. (2) The relevant officer may search— (a) the ship; (b) anyone on the ship; (c) anything on the ship (including cargo). (3) The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship. (4) The power to search conferred by sub-paragraph (2)— (a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and (b) in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves. (5) In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may— (a) open any containers; (b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the officer has reasonable grounds to believe to be an item subject to legal privilege); (c) make photographs or copies of anything the production of which the officer has power to require. (6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away. (7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3). (8) A power conferred by this paragraph may be exercised on the ship or elsewhere. (26) (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 25, 25A or 25B has been, or is being, committed on the ship. (2) The relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence. (3) The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege). (4) A power conferred by this paragraph may be exercised on the ship or elsewhere. (27) (1) The relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to— (a) cause physical injury, (b) cause damage to property, or (c) endanger the safety of any ship. (2) The power conferred by sub-paragraph (1) may be exercised— (a) only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and (b) only to the extent that it is reasonably required for the purpose of discovering any such thing. (3) The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might— (a) cause physical injury, (b) cause damage to property, or (c) endanger the safety of any ship (4) If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention. (5) A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth. (6) A power conferred by this paragraph may be exercised on the ship or elsewhere. (28) (1) The relevant officer may require a person found on the ship to produce a nationality document. (2) The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person. (3) The power conferred by sub-paragraph (2) may be exercised— (a) only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and (b) only to the extent that it is reasonably required for the purpose of discovering any such document. (4) Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 24. (5) The power to retain a nationality document in sub-paragraph (4) does not affect any other power of an immigration officer to retain a document. (6) Where the nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom. (7) The power conferred by this paragraph to search a person does not authorise a relevant officer to— (a) require the person to remove any clothing in public other than an outer coat, jacket or gloves, or (b) seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege. (8) In this paragraph a “nationality document”, in relation to a person, means any document which might— (a) establish the person's identity, nationality or citizenship, or (b) indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go. (9) A power conferred by this paragraph may be exercised on the ship or elsewhere. (29) (1) A relevant officer may— (a) be accompanied by other persons, and (b) take equipment or materials, to assist the officer in the exercise of powers under this Part of this Schedule. (2) A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer's supervision. (30) A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule. (31) A relevant officer must produce evidence of the officer's authority if asked to do so. (32) A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that— (a) the act was done in good faith, and (b) there were reasonable grounds for doing it. (33) (1) A person commits an offence under the law of Northern Ireland if the person— (a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or (b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions. (2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of Northern Ireland if— (a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or (b) the person intentionally fails to disclose any material particular. (3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph. (4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.

SCHEDULE 15

PART 1 — Powers to make regulations for the charging of fees

Marriage Act 1949 (c. 76)

1

Before section 72 of the Marriage Act 1949 (but after the heading of Part 6 of that Act) insert—

(71A) (1) The Secretary of State may by regulations provide for fees to be payable to such persons as may be prescribed in respect of— (a) the giving of notice of a marriage to a superintendent registrar; (b) an application for the reduction of the waiting period in relation to a notice of marriage (see section 31(5A)); (c) the registration for the solemnization of marriages of a building certified as required by law as a place of religious worship, or the cancellation of such a registration; (d) the authorisation of a person to be present at the solemnization of marriages in such a building; (e) the presence of a superintendent registrar or registrar at a marriage (except in a case falling within section 51(1A)); (f) the delivery under section 57(1) of a certified copy of entries in a marriage register book; (g) the carrying out of a search of— (i) any marriage register book, (ii) any index kept in relation to such a book, or (iii) certified copies of entries in such a book; (h) the provision of a certified copy, or other record of information, relating to an entry in a marriage register book; (i) the issue of the Registrar General's licence under section 7 of the Marriage (Registrar General's Licence) Act 1970; (j) such other marriage services as may be prescribed. (2) Regulations under this section may— (a) specify the amount of any fee payable under the regulations, or (b) set out how such a fee is to be determined. (3) Subsection (4) applies where the regulations provide for a fee to be payable to a superintendent registrar or registrar. (4) The regulations may provide for such part of the fee as may be specified by or determined in accordance with the regulations to be payable by the superintendent registrar or registrar to the Registrar General in prescribed circumstances. (5) The regulations may provide for the reimbursement, reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise. (6) Regulations under this section must be made by statutory instrument. (7) Regulations under this section may— (a) provide for exemptions from any of the provisions of the regulations; (b) contain such consequential, incidental, supplemental and transitional provision as the Secretary of State considers appropriate. (8) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (9) In this section— - “marriage services” means services in connection with marriages which are provided by or on behalf of the Registrar General, a superintendent registrar or registrar; - “prescribed” means prescribed in regulations made under this section.

Births and Deaths Registration Act 1953 (c. 20)

2

Before section 39 of the Births and Deaths Registration Act 1953 (but after the cross-heading above that section) insert—

(38A) (1) The Minister may by regulations provide for fees to be payable to such persons as may be prescribed in respect of— (a) the issue of a certificate under section 13(2); (b) the carrying out of a search of— (i) any register of births or register of deaths, (ii) any index kept in relation to such a register, or (iii) certified copies of entries in such a register; (c) the provision of a certified copy, or other record of information, relating to an entry in a register of births or a register of deaths; (d) the provision of a short certificate of birth or a short certificate of death (see sections 33 and 33A); (e) such other birth or death registration services as may be prescribed. (2) Regulations under this section may— (a) specify the amount of any fee payable under the regulations, or (b) set out how such a fee is to be determined. (3) Subsection (4) applies where the regulations provide for a fee to be payable to a superintendent registrar or registrar. (4) The regulations may provide for such part of the fee as may be specified by or determined in accordance with the regulations to be payable by the superintendent registrar or registrar to the Registrar General in prescribed circumstances. (5) The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise. (6) In this section— - “birth or death registration services” means services in connection with the registration of births or deaths which are provided— 1. by or on behalf of the Registrar General, a superintendent registrar or registrar, or 2. by any other person; - “prescribed” means prescribed in regulations made under this section.

Registration Service Act 1953 (c. 37)

3

After section 19A of the Registration Service Act 1953 insert—

(19B) (1) The Minister may by regulations provide for fees to be payable to the Registrar General in respect of the provision by the Registrar General to any persons of copies or other records of any information held by the Registrar General. (2) The regulations may— (a) specify the amount of any fee payable under the regulations, or (b) set out how such a fee is to be determined. (3) The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise. (4) Regulations under this section must be made by statutory instrument. (5) Regulations under this section may— (a) make different provision for different cases; (b) provide for exemptions from any of the provisions of the regulations; (c) contain such consequential, incidental, supplemental and transitional provision as the Minister considers appropriate. (6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Civil Partnership Act 2004 (c. 33)

4

• (1) Section 34 of the Civil Partnership Act 2004 (fees) is amended as follows.

• (2) In subsection (1), omit “, of such amounts as may be specified in the order,”.

• (3) After subsection (1) insert—

(1A) An order under this section may— (a) specify the amount of any fee payable under the order, or (b) set out how such a fee is to be determined. (1B) Subsection (1C) applies where the order provides for a fee to be payable to a registration authority. (1C) The order may provide for such part of the fee as may be specified by or determined in accordance with the order to be payable by the registration authority to the Registrar General in such circumstances as may be prescribed by the order.

• (4) For subsection (2) substitute—

(2) The order may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.

Marriage (Same Sex Couples) Act 2013 (c. 30)

5

In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of civil partnership into marriage) after subsection (5) insert—

(5A) Subsection (5B) applies where regulations under this section provide for a fee to be payable to a superintendent registrar or registrar. (5B) The regulations may provide for such part of the fee as may be specified in or determined in accordance with the regulations to be payable by the superintendent registrar or registrar to the Registrar General in such circumstances as may be set out in the regulations. (5C) The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.

PART 2 — Consequential and related amendments

Places of Worship Registration Act 1855 (c. 81)

6

For section 5 of the Places of Worship Registration Act 1855 (fee to superintendent registrar) substitute—

(5) (1) The Secretary of State may by regulations provide for fees to be payable to such persons as may be prescribed in the regulations in respect of the certification to the Registrar General under this Act of a place of meeting for religious worship. (2) Regulations under this section may— (a) specify the amount of any fee payable under the regulations, or (b) set out how such a fee is to be determined. (3) Subsection (4) applies where the regulations provide for a fee to be payable to a superintendent registrar. (4) The regulations may provide for such part of the fee as may be specified by or determined in accordance with the regulations to be payable by the superintendent registrar to the Registrar General in such circumstances as may be set out in the regulations. (5) The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise. (6) Regulations under this section must be made by statutory instrument. (7) Regulations under this section may— (a) make different provision for different cases; (b) provide for exemptions from any of the provisions of the regulations; (c) contain such consequential, incidental, supplemental and transitional provision as the Secretary of State considers appropriate. (8) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Savings Banks Act 1887 (c. 40)

7

In section 10 of the Savings Banks Act 1887 (price of certificate of birth, death or marriage)—

• (a) the existing text becomes subsection (1),

• (b) in that subsection (1), after “entered for” insert “ , where the birth, death or marriage is registered in England and Wales, the appropriate fee or in any other case for ”, and

• (c) after that subsection insert—

(2) In subsection (1), “the appropriate fee” means the fee payable to the registrar or other person having care of the register concerned for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953 or section 71A of the Marriage Act 1949.

Marriage Act 1949 (c. 76)

8

The Marriage Act 1949 is amended as follows.

9

In section 27 (notice of marriage) omit subsections (6) and (7).

10

In section 31 (marriage under certificate without licence)—

• (a) omit subsections (5F) and (5G),

• (b) in subsection (5H), omit “or an order under subsection (5F)”, and

• (c) omit subsection (5I).

11

In section 41 (registration of buildings: marriage of a man and a woman) omit subsection (6).

12

In section 43D (regulations about registration of buildings) in subsection (1), omit “and the fees payable”.

13

In section 51 (fees of registrars for attending marriages)—

• (a) for the heading substitute “ Fees of superintendent registrars for attending marriages in approved premises ”,

• (b) omit subsection (1),

• (c) in subsection (1A), omit paragraph (a) (and the “but” after it), and

• (d) omit subsection (2).

14

In section 57 (quarterly returns to superintendent registrar) omit subsection (4).

15

In section 63 (searches in register books) in subsection (1), omit from “, on payment” to the end.

16

In section 64 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.

17

In section 65 (searches of indexes kept by Registrar General) in subsection (2), omit from “, on payment” to the end.

18

In section 65A (searches and records of information: additional provision) omit subsection (2).

19

In section 74 (regulations) in subsection (1)(b), after “this Act” insert “ (other than section 71A) ”.

20

In section 78 (interpretation) in subsection (1), in the definition of “prescribed” after “ “prescribed”” insert “ (other than in section 71A) ”.

Births and Deaths Registration Act 1953 (c. 20)

21

The Births and Deaths Registration Act 1953 is amended as follows.

22

In section 13 (registration of name of child or of alteration of name) in subsection (2), omit “on payment of a fee not exceeding £1.00”.

23

In section 30 (searches of indexes kept by Registrar General)—

• (a) in subsection (2), omit from “, on payment” to the end, and

• (b) in subsection (3), omit “and on payment as aforesaid of the appropriate fee aforesaid”.

24

In section 31 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.

25

In section 32 (searches in registers kept by registrars) omit from “, on payment” to the end of paragraph (c).

26

In section 33 (short certificate of birth) in subsection (1), omit from “on payment” to “and”.

27

In section 33A (short certificate of death)—

• (a) in subsection (1), for paragraphs (a) and (b) substitute “ , on furnishing the prescribed particulars, ”, and

• (b) omit subsection (3).

28

In section 34A (searches and records of information: additional provision) omit subsection (2).

29

In section 39 (regulations made by the Registrar General) in paragraph (a), for “and 34A” substitute “ , 34A and 38A ”.

30

In section 39A (regulations made by the Minister: further provisions)—

• (a) in subsection (1)(c), after “such” insert “ consequential, ”,

• (b) in subsection (2), after “provisions” insert “ other than section 38A ”, and

• (c) in subsection (5), for “and 34A” substitute “ , 34A and 38A ”.

31

In section 41 (interpretation) in subsection (1), in the definition of “prescribed”, for “and 10C” substitute “ , 10C and 38A ”.

Registration Service Act 1953 (c. 37)

32

Omit section 16 of the Registration Service Act 1953 (general provision as to fees).

Factories Act 1961 (c. 34)

33

In section 178 of the Factories Act 1961 (certificates of birth)—

• (a) in subsection (1), after “payment of” insert “ the appropriate fee in England and Wales or ”,

• (b) also in subsection (1), before “, be entitled” insert “ in Scotland ”, and

• (c) after subsection (2) insert—

(3) In subsection (1), “the appropriate fee” means the fee payable to a registrar or superintendent registrar for a certified copy of an entry in the register concerned by virtue of section 38A of the Births and Deaths Registration Act 1953.

Public Expenditure and Receipts Act 1968 (c. 14)

34

In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees)—

• (a) omit the entry relating to the Education Act 1996,

• (b) omit the entry relating to the Marriage Act 1949,

• (c) omit the entry relating to the Births and Deaths Registration Act 1953,

• (d) in the entry relating to the Savings Banks Act 1887, in the second column, omit “Secretary of State or, as regards Scotland, the”,

• (e) in the entry relating to the Factories Act 1961, in the second column, omit “Secretary of State or, as regards Scotland, the”,

• (f) in the entry relating to the Social Security Administration Act 1992, in the second column, omit “Secretary of State or, as regards Scotland, the”, and

• (g) omit the entry for the Places of Worship Registration Act 1855.

Marriage (Registrar General’s Licence) Act 1970 (c. 34)

35

Omit section 17 of the Marriage (Registrar General's Licence) Act 1970 (fees).

Social Security Administration Act 1992 (c. 5)

36

• (1) Section 124 of the Social Security Administration Act 1992 (provisions relating to age, death and marriage) is amended as follows.

• (2) In subsection (3), for the words from “a fee” to “Wales and” substitute “ the appropriate fee in England and Wales and a fee of ”.

• (3) In subsection (3A), for paragraph (b) substitute—

(b) on payment of the appropriate fee;

.

• (4) In subsection (5), in paragraph (a) after the opening words insert—

“the appropriate fee” means the fee payable to the registrar or superintendent registrar for a certified copy of an entry in the register concerned by virtue of section 38A of the Births and Deaths Registration Act 1953, section 71A of the Marriage Act 1949 or section 9 of the Marriage (Same Sex Couples) Act 2013.

Education Act 1996 (c. 56)

37

• (1) Section 564 of the Education Act 1996 (certificates of birth and registrars' returns) is amended as follows.

• (2) In subsection (1), for paragraph (b) substitute—

(b) on payment of the appropriate fee,

.

• (3) In subsection (4)—

• (a) after the opening words insert—

“the appropriate fee” means the fee payable to the registrar having custody of the register concerned for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953;

, and

• (b) in the definition of “register of births and deaths”, for “the Births and Deaths Registration Act 1953” substitute “ that Act ”.

Labour market enforcement strategy

Relationship with other agencies: requests for assistance

Measures in LME undertakings

Offence of employing illegal worker

Offence of leasing premises

Eviction

Order for possession of dwelling-house

Powers to carry out searches relating to driving licences

Offence of driving when unlawfully in the United Kingdom

Bank accounts

Powers in connection with examination, detention and removal

Seizure and retention in relation to offences

Supply of information to Secretary of State

Detention etc. by immigration officers in Scotland

Powers to take fingerprints etc. from dependants

Guidance on detention of vulnerable persons

Immigration bail

Appeals within the United Kingdom: certification of human rights claims

Deemed refusal of leave to enter: repeals

Unaccompanied refugee children: relocation and support

Maritime enforcement

Meaning of “public authority”

Commencement

Financial provisions

Commencement

Authorities with functions in connection with the labour market or the work place etc

Law enforcement and border security

Local government

Health bodies

Other

Employment Agencies Act 1973 (c. 35)

National Minimum Wage Act 1998 (c. 39)

Modern Slavery Act 2015 (c.30)

Public Records Act 1958 (c. 51)

Parliamentary Commissioner Act 1967 (c. 13)

Superannuation Act 1972 (c. 11)

Employment Agencies Act 1973 (c. 35)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

National Minimum Wage Act 1998 (c. 39)

Regulation of Investigatory Powers Act 2000 (c. 23)

Freedom of Information Act 2000 (c. 36)

Police Reform Act 2002 (c. 30)

Gangmasters (Licensing) Act 2004 (c. 11)

Pensions Act 2004 (c. 35)

Natural Environment and Rural Communities Act 2006 (c. 16)

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

Modern Slavery Act 2015 (c. 30)

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)

London Hackney Carriages Act 1843 (c. 86)

Metropolitan Public Carriage Act 1869 (c. 115)

Plymouth City Council Act 1975 (c. xx)

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

Civic Government (Scotland) Act 1982 (c. 45)

Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10))

Private Hire Vehicles (London) Act 1998 (c. 34)

Taxis Act (Northern Ireland) 2008 (c. 4)

Transitional provision

Illegal working closure notices

Cancellation of illegal working closure notices

Service of notices

Illegal working compliance orders

Illegal working compliance orders: adjournment of hearing

Extension of illegal working compliance orders

Variation or discharge of illegal working compliance orders

Notice and orders: appeals

Notices and orders: enforcement

Notices and orders: offences

Access to other premises

Reimbursement of costs

Exemption from liability

Compensation

Guidance

Interpretation

Amendment of Licensing Act 2003

Immigration Act 1971 (c. 77)

UK Borders Act 2007 (c. 30)

This is the new Schedule A1 to the Immigration and Asylum Act 1999 referred to in section 55—

Power to grant immigration bail

Conditions of immigration bail

Exercise of power to grant immigration bail

Electronic monitoring condition

Financial condition

Power to vary bail conditions

Removal etc of electronic monitoring condition: bail managed by Secretary of State

Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal

Powers of Secretary of State to enable person to meet bail conditions

Arrest for breach of immigration bail

Duty to arrange consideration of bail

Tribunal Procedure Rules

Transitional provision

Immigration Act 1971 (c. 77)

Special Immigration Appeals Commission Act 1997 (c. 68)

Immigration and Asylum Act 1999 (c. 33)

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

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

Immigration, Asylum and Nationality Act 2006 (c. 13)

UK Borders Act 2007 (c. 30)

Criminal Justice and Immigration Act 2008 (c. 4)

Abolition of power to support certain categories of migrant

Power to support people making further submissions in relation to protection claims

Power to support failed asylum-seekers

Accommodation centres: definition of “asylum-seeker” etc

Repeal of uncommenced provisions

This is the Part 1A of Schedule 2 to the Immigration Act 1971 referred to in section 74(2)—

Marriage Act 1949 (c. 76)

Births and Deaths Registration Act 1953 (c. 20)

Registration Service Act 1953 (c. 37)

Civil Partnership Act 2004 (c. 33)

Marriage (Same Sex Couples) Act 2013 (c. 30)

Places of Worship Registration Act 1855 (c. 81)

Savings Banks Act 1887 (c. 40)

Marriage Act 1949 (c. 76)

Births and Deaths Registration Act 1953 (c. 20)

Registration Service Act 1953 (c. 37)

Factories Act 1961 (c. 34)

Public Expenditure and Receipts Act 1968 (c. 14)

Marriage (Registrar General's Licence) Act 1970 (c. 34)

Social Security Administration Act 1992 (c. 5)

Education Act 1996 (c. 56)

Editorial notes

[^c22572311]: S. 61 partly in force; s. 61(3)-(5) in force at Royal Assent, see s. 94(3)

[^key-00548d2f90ff9729b078440f88c55561]: Sch. 5 para. 19 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-00c31749b748a18a3c5bbe3e294ac48f]: S. 57 in force at 12.7.2016 by S.I. 2016/603, reg. 3(j)

[^key-00c51bde71bfc26a2908927e00aafc2c]: S. 69 in force at 31.5.2016 by S.I. 2016/603, reg. 2(b)

[^key-0182a1f0755080ac2dc7b7447b9c7481]: S. 39 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(a)

[^key-01b6876a5fc2869a985c2d1f8b948d39]: Sch. 3 para. 29 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

[^key-0205dc788af8bdf934694132016a615d]: S. 12 in force at 12.7.2016 by S.I. 2016/603, reg. 3(b)

[^key-0260dfbe53a2cae329d334b08bbba4a4]: S. 49 in force at 12.7.2016 by S.I. 2016/603, reg. 3(g)

[^key-02c29d6ab5fc958deaaef766cb1fe8f3]: Sch. 5 para. 40 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-037c3b833df586ad0f652c5f061587d7]: Sch. 7 para. 4 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)

[^key-0389a007cd554fc72fc1f0bfeccfd67b]: Sch. 2 para. 11 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

[^key-03eaefc95049400e8385bca41bfb1470]: Sch. 7 para. 5 in force at 1.11.2016 for specified purposes by S.I. 2016/1037, reg. 2(d)