Immigration Bill (HC Bill 110)

(b) after subsection (2) insert—

“(3) In a case where—

(a) in reliance on section 14A, a registration authority
refuses to issue a civil partnership schedule, and

(b) 5on an appeal against the refusal, the Registrar General
directs that a civil partnership schedule be issued,

section 14A(2) is of no effect — and is to be taken to have
never had any effect — in relation to the parties’ giving of
notice under section 8.”.

(4) 10In section 16 (frivolous objections and representations: liability for costs
etc)—

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

(b) after subsection (3) insert—

“(3A) If—

(a) 15in reliance on section 14A, a registration authority
refuses to issue a civil partnership schedule, and

(b) on an appeal against the refusal, the Registrar General
declares that the appeal is frivolous,

the person making the appeal is liable for the costs of the
20proceedings before the Registrar General.”;

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

Relevant nationals

25 After section 30 insert—

“30A 25Relevant nationals

In this Chapter “relevant national” means—

(a) a British citizen,

(b) a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.”.

30Regulations and orders

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

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

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

(4) 35In subsection (6), after “section” insert “9D or”.

Section 53

SCHEDULE 5 Information

Part 1 Disclosure of information etc where proposed marriage or civil partnership
5referred to Secretary of State

1 (1) This paragraph applies if—

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

(b) a registration authority refers a proposed civil partnership to the
10Secretary of State under section 12A of the Civil Partnership Act
2004.

(2) The Secretary of State may—

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

(b) supply a document containing relevant information to a registration
15official.

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

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

(b) 20the names of the parties to the proposed marriage or civil
partnership;

(c) in the case of a proposed marriage—

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

(ii) 25any address of a party to the proposed marriage notified to
the Secretary of State in accordance with such regulations or
regulations under section 28D of the Marriage Act 1949;

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

(i) any information included with the referral in accordance
30with regulations under section 12A of the Civil Partnership
Act 2004;

(ii) any address of a party to the proposed civil partnership
notified to the Secretary of State in accordance with such
regulations or regulations under section 9B of the Civil
35Partnership Act 2004;

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

(f) 40details of any immigration decision taken wholly or partly by
reference to the marriage or civil partnership (whether while it was
proposed or after it was solemnized or formed).

Part 2 Disclosure of information etc for immigration purposes etc

Disclosures by registration officials

2 (1) A registration official may—

(a) 5disclose any information held by the registration official, or

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

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

(2) Those purposes are—

(a) 10immigration purposes;

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

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

(ii) the referral of proposed civil partnerships to the Secretary of
15State under section 12A of the Civil Partnership Act 2004.

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

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

(b) the prevention, detection, investigation or prosecution of criminal
20offences relating to immigration;

(c) the imposition of penalties or charges under Part 3 of the
Immigration and Asylum Act 1999;

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

(e) 25such other purposes as may be specified by the Secretary of State by
order.

3 (1) A registration official may disclose to another registration official—

(a) the fact that a suspicion about a marriage or civil partnership has
been reported to the Secretary of State under section 24 or 24A of the
30Immigration and Asylum Act 1999, and

(b) the content of any such report,

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

(2) In this paragraph “registration official” does not include the Registrar
35General.

Disclosures by the Secretary of State

4 (1) The Secretary of State may—

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

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

40to a registration official for use for verification purposes.

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

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

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

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

(b) assisting in the verification of the immigration status of a person who
5contacts a relevant official in connection with the exercise of a
function by a registration official;

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

(i) 10is suspected of involvement in crime relating to immigration,
or

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

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

(a) a registration official, or

(b) 15any other person employed to assist the exercise of functions by
registration officials.

Part 3 Disclosure of information etc for prevention of crime etc

5 (1) A registration official may—

(a) 20disclose any information held by the registration official, or

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

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

(2) Information is disclosed, or a document is supplied, for use for crime-
25fighting purposes if condition A and condition B are met.

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

(4) Condition B is met if the registration official discloses the information or
30supplies the document for use for one or both of these purposes—

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

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

(5) 35In this section “eligible person” means—

(a) the Secretary of State;

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

(c) a member of a police force operating in England and Wales or any
part of it;

(d) 40a county council, a district council or a county borough council;

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

Part 4 General provisions

Limitations on powers

6 This Schedule does not authorise—

(a) 5a disclosure, in contravention of any provisions of the Data
Protection Act 1998, of personal data which are not exempt from
those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of
Investigatory Powers Act 2000.

10No breach of confidentiality etc

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

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

(b) 15any other restriction on the disclosure of information (however
imposed).

Retention, copying and disposal of documents

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

(a) 20retain the document;

(b) copy the document;

(c) dispose of the document in such manner as the person thinks
appropriate.

Saving for existing powers

9 25This Schedule does not limit any other power under which—

(a) information may be disclosed, or

(b) documents may be supplied.

Meaning of “registration official”

10 A “registration official” is any of the following—

(a) 30the Registrar General;

(b) a superintendent registrar;

(c) a registrar;

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

(e) 35a civil partnership registrar (within the meaning of Chapter 1 of Part
2 of the Civil Partnership Act 2004 — see section 29 of that Act).

Section 57

SCHEDULE 6 Immigration advisers and immigration service providers

Introductory

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

Removal of Commissioner’s power of exemption from registration

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

(a) 10omit paragraphs (a), (b) and (c) (and the word “or” which follows
paragraph (c));

(b) in paragraph (d) omit “who”.

(2) Omit the following provisions—

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

(b) 15section 85(2);

(c) section 87(3)(b);

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

(e) section 89(4);

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

(g) 20paragraph 6(3)(a) of Schedule 6.

Waiver of fees for registration

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

(2) In sub-paragraph (1)—

(a) after “order” insert “(a)”;

(b) 25at the end insert—

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

(3) 30In sub-paragraph (2) at the end insert “(but this is subject to any waiver in
accordance with provision under sub-paragraph (1)(b))”.

Cancellation of registration by Commissioner

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

“(eb) 35to cancel a registration under paragraph 4A(e) of that
Schedule.”

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

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

(b) 40after sub-paragraph (1A) (inserted by paragraph 7(4) of this

Schedule) insert—

“(1B) Sub-paragraph (1)(a) is subject to paragraph 4A(e) of
Schedule 6 (duty of Commissioner to cancel registration of
a person who is no longer competent or is otherwise
5unfit).”

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

(a) omit sub-paragraph (5);

(b) in sub-paragraph (6) for “Otherwise,” substitute “Unless the
Commissioner is required by paragraph 4A to cancel the applicant’s
10registration”;

(c) in sub-paragraph (7)(a) omit “or by a direction given by the First-tier
Tribunal under section 89(2)(b)”.

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

“Further provision for the cancellation of registration

4A 15The Commissioner must cancel a person’s registration if—

(a) the person asks for it to be cancelled;

(b) the person dies (in a case where the person is an
individual) or is dissolved or wound up (in any other case);

(c) the person is convicted of an offence under section 25 or
2026(1)(d) or (g) of the 1971 Act;

(d) under section 89(2A)(b) the First-tier Tribunal directs the
Commissioner to cancel the person’s registration; or

(e) the Commissioner considers that the person is no longer
competent or is otherwise unfit to provide immigration
25advice or immigration services.”

Suspension of registration

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

(a) after “subject to” insert “(a)”;

(b) at the end insert—

“(b) 30paragraph 4B(5) of that Schedule (effect of suspension
of registration).”

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

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

(b) at the end insert “and paragraph 4B of Schedule 6 (suspension of
35registration by First-tier Tribunal)”.

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

“Suspension of registration

4B (1) The First-tier Tribunal may, on an application made to it by the
40Commissioner, suspend a person’s registration if the person is for
the time being charged with—

(a) an offence involving dishonesty or deception;

(b) an indictable offence; or

(c) an offence under section 25 or 26(1)(d) or (g) of the 1971
Act.

(2) The suspension of the person’s registration ceases to have effect if
one of these occurs—

(a) 5the person is acquitted of the offence;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file, or in
relation to Scotland, the diet is deserted pro loco et tempore.

(3) 10If the person is convicted of an offence under section 25 or 26(1)(d)
or (g) of the 1971 Act, the suspension of the person’s registration
continues to have effect until the Commissioner cancels the
person’s registration (as required by paragraph 4A(c)).

(4) If the person is convicted of any other offence within sub-
15paragraph (1)—

(a) the Commissioner must as soon as reasonably practicable
consider whether the person is no longer competent or is
otherwise unfit to provide immigration advice or
immigration services (so that the person’s registration
20must be cancelled under paragraph 4A(e));

(b) the suspension of the person’s registration continues to
have effect until the Commissioner either cancels the
person’s registration, or decides that the person is
competent and otherwise fit to provide immigration
25advice and immigration services.

(5) A person whose registration is suspended is not to be treated as a
registered person for the purposes of section 84 (but is to be
treated as a registered person for the purposes of the other
provisions of this Part).

(6) 30Where a person’s registration is suspended the Commissioner
must as soon as reasonably practicable record the suspension in
the register.

(7) Where a suspension ceases to have effect (and the person’s
registration is not cancelled) the Commissioner must as soon as
35reasonably practicable remove the record of the suspension from
the register.”

Inspections

6 After paragraph 4 of Schedule 5 insert—

“Inspections

4A 40The Commissioner may carry out inspections of the activities and
businesses of registered persons.”

Complaints and investigations

7 (1) For section 89(2) (powers of Tribunal on hearing charge against registered

person) substitute—

“(2) Subsections (2A) and (2B) apply if the person charged was, at the
time to which the charge relates, a registered person or a person
acting on behalf of a registered person.

(2A) 5If the registered person mentioned in subsection (2) is still registered,
the First-tier Tribunal may direct the Commissioner—

(a) to record the charge and the First-tier Tribunal’s decision on
it for consideration in connection with that person’s next
application for continued registration;

(b) 10to cancel that person’s registration.

(2B) If the registered person mentioned in subsection (2) is no longer
registered, the First-tier Tribunal may direct the Commissioner to
record the charge and the First-tier Tribunal’s decision on it for
consideration in connection with any application by that person for
15registration.”

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

(a) before paragraph (a) insert—

“(za) the competence or fitness to provide immigration
20advice or immigration services of a person who, at
the time to which the complaint relates, was a
registered person,”;

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

(c) after paragraph (a) insert—

“(aa) 25the competence or fitness of a person who, at the
time to which the complaint relates, was acting on
behalf of a registered person,”;

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

(e) 30in paragraph (d) for “a person to whom they apply” substitute “a
person who, at the time to which the complaint relates, was a
registered person or a person acting on behalf of a registered
person”.

(3) For paragraph 9(1)(a) of that Schedule (Commissioner’s powers on
35determining a complaint) substitute—

“(a) if the person to whom the complaint relates was at the time
to which the complaint relates—

(i) a registered person, or

(ii) a person acting on behalf of a registered person,

40record the complaint and the decision on it to be
considered in connection with the next relevant
application;”.

(4) After paragraph 9(1) insert—

“(1A) In sub-paragraph (1)(a) “relevant application” means—

(a) 45if the registered person referred to in that sub-paragraph is
still registered, an application by that person for continued
registration, and

(b) otherwise, an application by that person for registration.”

(5) For paragraph 9(4) substitute—

“(4) Relevant person” means—

(a) a person who, at the time to which the charge relates, was
providing immigration advice or immigration services
5and was—

(i) a registered person, or

(ii) a person acting on behalf of a registered person;

(b) a person providing immigration advice or immigration
services who is—

(i) 10a person to whom section 84(4)(d) applies, or

(ii) a person employed by, or working under the
supervision of, such a person.”

Power of entry and inspection

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

(2) 15After paragraph 10 of that Schedule insert—

“Power of entry and inspection

10A (1) On an application made by the Commissioner a justice of the
peace (or in Scotland, the sheriff) may issue a warrant authorising
the Commissioner to enter premises.

(2) 20A justice of the peace or sheriff may issue a warrant in respect of
premises if satisfied that there are reasonable grounds for
believing that—

(a) the premises are being used, or have been used, in
connection with the provision of immigration advice or
25immigration services by a registered person,

(b) entry to the premises is reasonably required for the
exercise of any of the Commissioner’s functions, and

(c) entry to the premises may be prevented or delayed unless
a warrant is produced.

(3) 30The Commissioner may enter premises by virtue of this paragraph
only at a reasonable hour.

(4) Where the Commissioner enters premises by virtue of this
paragraph the Commissioner may—

(a) take onto the premises any equipment that appears to the
35Commissioner to be necessary;

(b) require any person on the premises to produce any
relevant document and, if the document is produced, to
provide any explanation of it;

(c) require any person on the premises to state, to the best of
40the person’s knowledge and belief, where any relevant
document is to be found;

(d) take copies of, or extracts from, any relevant document on
the premises which is produced;