House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

61

House of Commons

Tuesday 12 November 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Immigration Bill

Note

The amendments have been arranged in accordance with Order of the Committee

[29 October 2013].

Meg Hillier

97

Clause  34,  page  28,  line  8,  at end insert—

‘(1A)
NHS charging provisions may make reference to the need to safeguard public

health with particular reference to the prevention of infectious diseases, maternal

death and infant mortality for those persons who require leave to enter or remain

in the United Kingdom.’.

Mr David Hanson

Helen Jones

Phil Wilson

98

Clause  43,  page  34,  line  35,  at end insert—

‘(6A)
In the absence of a referral under paragraphs (1)(a) or (b) of this section, the

Secretary of State may decide to investigate.’.

Public Bill Committee: 12 November 2013
62

Immigration Bill, continued

Mr Mark Harper

60

Clause  45,  page  35,  line  39,  at end insert—

‘(2A)
A relevant party must comply with a requirement specified in regulations made

under section 46(4) if—

(a)
the section 43 notice given to the relevant party states that he or she must

do so, or

(b)
the Secretary of State subsequently notifies the relevant party (orally or

in writing) that he or she must do so;


and the relevant party must comply with that requirement in the manner stated in

the section 43 notice or in the Secretary of State’s notification (if such a manner

is stated there).’.

Mr Mark Harper

61

Clause  45,  page  36,  line  31,  leave out from ‘by’ to end of line 32 and insert ‘or in

accordance with—

(a)
subsection (2A);’.

Mr Mark Harper

62

Clause  46,  page  36,  line  43,  at end insert—

‘(ba)
notice that a relevant party may be required to comply with one or more

requirements imposed by the Secretary of State subsequently in

accordance with section 45(2A); and’.

Mr Mark Harper

63

Clause  46,  page  37,  line  11,  leave out from ‘regulations,’ to end of line 12 and

insert ‘specify requirements relating to the conduct of investigations which may be

imposed on a relevant party by the section 43 notice or by the Secretary of State

subsequently in accordance with section 45(2A).’.

Mr Mark Harper

64

Clause  46,  page  37,  line  13,  leave out ‘impose’ and insert ‘specify’.

Mr Mark Harper

65

Clause  46,  page  37,  line  14,  at end insert—

‘(za)
a requirement to make contact with a particular person or description of

persons in a particular way (including by telephoning a particular

number) within a particular time period;’.

Public Bill Committee: 12 November 2013
63

Immigration Bill, continued

Mr David Hanson

Helen Jones

Phil Wilson

96

Clause  46,  page  37,  line  20,  at end insert—

‘(5A)
Requirements made under this section must have due regard to—

(a)
the existence of any childcare responsibilities or arrangements; and

(b)
the existence of any responsibilities as a carer.’.

Mr Mark Harper

66

Schedule  4,  page  59,  line  14,  leave out ‘(2) to (4)’ and insert ‘(4) or (5A)’.

Mr Mark Harper

67

Schedule  4,  page  60,  line  7,  first column, leave out from beginning to ‘is’ in line 13

and insert—

‘(a) The usual address of each

party to the proposed marriage

(b) If the usual address of a

party’.

Mr Mark Harper

68

Schedule  4,  page  61,  line  6,  leave out from beginning to end of line 8.

Mr Mark Harper

69

Schedule  4,  page  62,  line  12,  at end insert—

‘(5A)
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)
specified photographs (within the meaning of section 27E) of each of the

parties to the proposed marriage;

(b)
the usual address of each party to the proposed marriage;

(c)
specified evidence that the usual address of a party provided in

accordance with paragraph (b) is that party’s usual address; and

(d)
if the usual address of a party provided in accordance with paragraph (b)

is outside the United Kingdom, an address in the United Kingdom at

which that party can be contacted by post.’.

Mr Mark Harper

70

Schedule  4,  page  62,  line  41,  after ‘(6)’ insert ‘or 28C(5A)’.

Mr Mark Harper

71

Schedule  4,  page  62,  line  45,  after ‘(6)’ insert ‘or 28C(5A)’.

Public Bill Committee: 12 November 2013
64

Immigration Bill, continued

Mr Mark Harper

72

Schedule  4,  page  63,  line  3,  leave out ‘or 27E’ and insert ‘, 27E or 28C’.

Mr Mark Harper

73

Schedule  4,  page  63,  line  16,  leave out ‘or 27E’ and insert ‘, 27E or 28C’.

Mr Mark Harper

74

Schedule  4,  page  64,  line  27,  after ‘(3)’ insert ‘in relation to a party to the proposed

marriage’.

Mr Mark Harper

75

Schedule  4,  page  64,  line  29,  leave out from ‘that’ to second ‘is’ in line 30 and

insert ‘that party to the proposed marriage’.

Mr Mark Harper

76

Schedule  4,  page  65,  line  36,  leave out from ‘apply’ to end of line 2 on page 66 and

insert ‘unless and until one of the following events occurs.

    (1A)
Event 1 occurs if—

(a)
the Secretary of State gives the superintendent registrar the section

43notice, and

(b)
that notice is of a decision not to investigate whether the referred

marriage is a sham.

    (1B)
Event 2 occurs if—

(a)
the relevant statutory period ends, and

(b)
the Secretary of State has not given the superintendent registrar the

section 43 notice.

    (1C)
Event 3 occurs if—

(a)
the Secretary of State gives the superintendent registrar the section 43

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 45

notice, and

(d)
that notice is of a decision that both of the parties to the referred

marriage have complied with the investigation.

    (1D)
Event 4 occurs if—

(a)
the 70 day period ends, and

(b)
the Secretary of State has not given the superintendent registrar the

section 45 notice.

    (1E)
Event 5 occurs if the Secretary of State gives the superintendent registrar

notice that the duty under section 31(2) is applicable.

    (1F)
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

43 notice,

(b)
that notice is of a decision to investigate whether the referred marriage

is a sham,

Public Bill Committee: 12 November 2013
65

Immigration Bill, continued

(c)
the Secretary of State has given the superintendent registrar the section

45 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.’.

Mr Mark Harper

77

Schedule  4,  page  66,  line  5,  at end insert—

    ‘(5)
In this paragraph—

“70 day period” has the same meaning as in section 45 of the 2014 Act;

“relevant statutory period” has the same meaning as in section 43 of the

2014 Act;

“section 43 notice” means notice under section 43(7) of the 2014 Act;

“section 45 notice” means notice under section 45(6) of the 2014 Act.’.

Mr Mark Harper

78

Schedule  4,  page  69,  line  7,  leave out sub-paragraph (1) and insert—

    ‘(1)
Section 35 (marriage in registration district in which neither party resides) is

amended in accordance with sub-paragraphs (1A) and (1B).

    (1A)
After subsection (3) insert—

“(3A)
In a case where one or both of the persons to be married (“the couple”)

are not relevant nationals, a superintendent registrar may issue a

certificate for the solemnization of a marriage in a qualifying church

or chapel, notwithstanding that it is not within a registration district in

which either of the couple resides.

(3B)
In subsection (3A) “qualifying church or chapel” means a church or

chapel which is not the usual place of worship of the couple but in

which it would be possible—

(a)
(if section 5(3)(a) were disregarded) for the marriage of the

couple to be solemnized in accordance with section 5(1)(a)

(marriage after publication of banns), or

(b)
(if section 5(3)(b) were disregarded) for the marriage of the

couple to be solemnized in accordance with section 5(1)(c)

(marriage on authority of common licence).”.

    (1B)
After subsection (5) insert—

“(6)
Where a marriage is intended to be solemnized on the authority of

certificates of a superintendent registrar issued under subsection (3A),

each notice of marriage given to the superintendent registrar and each

certificate issued by the superintendent registrar shall state, in addition

to the description of the church or chapel in which the marriage is to

be solemnized, that it would be possible for the marriage of the couple

to be solemnized in that church or chapel after the publication of banns

or on the authority of a common licence (if section 5(3) were

disregarded).”.’.

Mr Mark Harper

79

Schedule  4,  page  69,  line  23,  leave out ‘national’ and insert ‘citizen’.

Public Bill Committee: 12 November 2013
66

Immigration Bill, continued

Mr Mark Harper

80

Schedule  4,  page  71,  line  3,  first column, leave out from beginning to ‘is’ in line 9

and insert—

‘(a) The usual address of each

party to the proposed civil

partnership

(b) If the usual address of a

party’.

Mr Mark Harper

81

Schedule  4,  page  72,  line  1,  leave out from beginning to end of line 3.

Mr Mark Harper

82

Schedule  4,  page  72,  line  16,  leave out ‘been married or formed a civil partnership’

and insert ‘formed a civil partnership or been married’.

Mr Mark Harper

83

Schedule  4,  page  72,  line  18,  leave out ‘marriage or civil partnership’ and insert

‘civil partnership or marriage’.

Mr Mark Harper

84

Schedule  4,  page  72,  line  39,  at end insert—

‘(5A)
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)
specified photographs (within the meaning of section 8A) of each of the

parties to the proposed civil partnership;

(b)
the usual address of each party to the proposed civil partnership;

(c)
specified evidence that the usual address of a party provided in

accordance with paragraph (b) is that party’s usual address; and

(d)
if the usual address of a party provided in accordance with paragraph (b)

is outside the United Kingdom, an address in the United Kingdom at

which that party can be contacted by post.’.

Mr Mark Harper

85

Schedule  4,  page  73,  line  20,  after ‘(6)’ insert ‘or 9A(5A)’.

Mr Mark Harper

86

Schedule  4,  page  73,  line  24,  after ‘(6)’ insert ‘or 9A(5A)’.

Mr Mark Harper

87

Schedule  4,  page  73,  line  28,  leave out ‘or 8A’ and insert ‘, 8A or 9A’.

Public Bill Committee: 12 November 2013
67

Immigration Bill, continued

Mr Mark Harper

88

Schedule  4,  page  73,  line  41,  leave out ‘8 or 8A’ and insert ‘8A or 9A’.

Mr Mark Harper

89

Schedule  4,  page  74,  line  40,  leave out ‘(2) to (4)’ and insert ‘(4) or (5A)’.

Mr Mark Harper

90

Schedule  4,  page  76,  line  1,  after ‘(3)’ insert ‘in relation to a party to the proposed

civil partnership’.

Mr Mark Harper

91

Schedule  4,  page  76,  line  3,  leave out from ‘that’ to second ‘is’ in line 4 and insert

‘that party to the proposed civil partnership’.

Mr Mark Harper

92

Schedule  4,  page  77,  line  6,  leave out from ‘apply’ to end of line 16 and insert

‘unless and until one of the following events occurs.

    (1A)
Event 1 occurs if—

(a)
the Secretary of State gives the registration authority or authorities the

section 43notice, and

(b)
that notice is of a decision not to investigate whether the referred civil

partnership is a sham.

    (1B)
Event 2 occurs if—

(a)
the relevant statutory period ends, and

(b)
the Secretary of State has not given the registration authority or

authorities the section 43 notice.

    (1C)
Event 3 occurs if—

(a)
the Secretary of State gives the registration authority or authorities the

section 43 notice,

(b)
that notice is of a decision to investigate whether the referred civil

partnership is a sham,

(c)
the Secretary of State gives the registration authority or authorities the

section 45 notice, and

(d)
that notice is of a decision that both of the parties to the referred civil

partnership have complied with the investigation.

    (1D)
Event 4 occurs if—

(a)
the 70 day period ends, and

(b)
the Secretary of State has not given the registration authority or

authorities the section 45 notice.

    (1E)
Event 5 occurs if the Secretary of State gives the registration authority or

authorities notice that the duty under section 14(1) is applicable.

    (1F)
The Secretary of State may give a notice for that purpose only if—

(a)
the Secretary of State has given the registration authority or authorities

the section 43 notice,

(b)
that notice is of a decision to investigate whether the referred civil

partnership is a sham,



© Parliamentary copyright	Revised 12 November 2013