SCHEDULES

Section 2

SCHEDULE 1 Enforcement powers

Power to escort detained persons

1 5In Schedule 2 to the Immigration Act 1971, in paragraph 18(3) (power to
escort detained persons) for the first “or of” substitute “an immigration
officer, or”.

Power to search detained persons

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

“18A (1) 10An immigration officer or constable may search a person (“P”)
who is detained under paragraph 16 for anything which P might
use—

(a) to cause physical injury to P or others, or

(b) to assist P’s escape from legal custody.

(2) 15The power to search P—

(a) unless sub-paragraph (3) applies, does not include power
to require P to remove any clothing other than an outer
coat, jacket or glove, but

(b) includes power to require P to open P’s mouth.

(3) 20This sub-paragraph applies if an immigration officer or constable
has reasonable grounds to believe that there is concealed on P
anything which P might use as mentioned in sub-paragraph (1).

(4) The power to search P may be exercised only to the extent
reasonably required for the purpose of discovering anything
25which P might use as mentioned in sub-paragraph (1).

(5) An intimate search (as defined in section 28H(11)) may not be
conducted under this paragraph.

(6) An immigration officer or constable may seize and retain anything
found on a search of P if the officer or constable has reasonable
30grounds to believe P might use it as mentioned in sub-paragraph
(1).

(7) Nothing seized under sub-paragraph (6) may be retained when P
is released from detention under paragraph 16.”

(2) In paragraph 2(4) of Schedule 3 to the Immigration Act 1971 (which applies
35certain provisions of Schedule 2 to that Act), for “, 18” substitute “to 18A”.

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

(4) In section 47(3) of the Immigration, Asylum and Nationality Act 2006 (which
5applies certain provisions of Schedule 2 to the Immigration Act 1971), for
“18” substitute “18A”.

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

10Entry and search of premises

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

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

(3) 15After sub-paragraph (6) insert—

“(6A) If, on an application made by an immigration officer, a justice of
the peace is satisfied that—

(a) there are reasonable grounds for believing that relevant
documents may be found on premises not within sub-
20paragraph (2) which are specified in the application, and

(b) any of the conditions in sub-paragraph (6B) is met,

the justice of the peace may issue a warrant authorising an
immigration officer to enter and search the premises.

(6B) The conditions are that—

(a) 25it is not practicable to communicate with any person
entitled to grant entry to the premises;

(b) it is practicable to communicate with a person entitled to
grant entry to the premises but it is not practicable to
communicate with any person entitled to grant access to
30the relevant documents;

(c) entry to the premises will not be granted unless a warrant
is produced;

(d) the purpose of a search may be frustrated or seriously
prejudiced unless an immigration officer arriving at the
35premises can secure immediate entry.

(6C) In the application of sub-paragraph (6A) to Scotland, references to
a justice of the peace are to be treated as references to the sheriff or
a justice of the peace.”

(4) In sub-paragraph (7)—

(a) 40for “sub-paragraph (2)” substitute “this paragraph”;

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

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

(5) After sub-paragraph (8) insert—

“(8A) An immigration officer may retain a document seized under sub-
paragraph (7) while the officer has reasonable grounds for
believing that—

(a) 5the arrested person may be liable to removal from the
United Kingdom in accordance with a provision of the
Immigration Acts, and

(b) retention of the document may facilitate the person’s
removal.”

4 10In sections 28J(11) and 28K(14) of the Immigration Act 1971 (warrants -
safeguards and execution) after “paragraph 17(2)” insert “or 25A(6A)”.

General power to use reasonable force

5 In section 146(1) of the Immigration and Asylum Act 1999 (power of
immigration officer to use reasonable force when exercising powers under
15certain enactments) for “the 1971 Act or this Act” substitute “the
Immigration Acts”.

Section 8

SCHEDULE 2 Meaning of biometric information

Immigration Act 1971 (c. 77)Immigration Act 1971 (c. 77)

1 (1) 20Schedule 2 to the Immigration Act 1971 (entry control) is amended as
follows.

(2) In paragraph 4(5)—

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

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

(3) 25After paragraph 4(5) insert—

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

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

30Immigration and Asylum Act 1999 (c. 33)Immigration and Asylum Act 1999 (c. 33)

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

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

(3) 35For subsection (2) substitute—

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

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

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

(2) 5In subsection (1)—

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

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

(3) 10In subsection (4)(a), (b) and (c), before “information” insert “biometric”.

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

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

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

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

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

(3) 20In subsection (2)(a) and (b), before “information” insert “biometric”.

(4) In subsection (3)—

(a) after paragraph (a) insert—

“(aa) biometric information”, and”;

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

(c) 25omit paragraph (c).

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

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

“(c) 30provide biometric information (within the meaning of section
15 of the UK Borders Act 2007), or submit to a process by
means of which such information is obtained or recorded;”.

Section 15

SCHEDULE 3 Excluded residential tenancy agreements

35Social housing

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

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

(3) “Relevant provision” means—

(a) in relation to England and Wales, a provision of—

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

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

(b) 5in relation to Scotland, Part 2 of the Housing (Scotland) Act 1987;

(c) in relation to Northern Ireland, Part 2 of the Housing (Northern
Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)S.I. 1988/1990 (N.I. 23)).

(4) Accommodation provided to a person by virtue of a relevant provision
includes accommodation provided in pursuance of arrangements made
10under any such provision.

(5) For the purposes of this paragraph, any allocation of housing
accommodation by a local housing authority in England to a person who is
already—

(a) a secure or introductory tenant, or

(b) 15an assured tenant of housing accommodation held by a private
registered provider of social housing or a registered social landlord,

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

(6) 20Terms used in sub-paragraph (5) have the same meanings as in Part 6 of the
Housing Act 1996.

Care homes

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

(2) “Care home” means—

(a) 25in relation to England and Wales, an establishment that is a care
home for the purposes of the Care Standards Act 2000;

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

(c) 30in relation to Northern Ireland, an establishment that is a residential
care home, or a nursing home, for the purposes of the Health and
Personal Social Services (Quality, Improvement and Regulation)
(Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)S.I. 2003/431 (N.I. 9)).

Hospitals and hospices

3 (1) 35An agreement that grants a right of occupation of accommodation in a
hospital or hospice.

(2) “Hospital”—

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

(b) 40in relation to Wales, has the meaning given in section 206 of the
National Health Service (Wales) Act 2006;

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

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

(3) “Hospice” means an establishment other than a hospital whose primary
5function is the provision of palliative care to persons resident there who are
suffering from a progressive disease in its final stages.

Other accommodation relating to healthcare provision

4 (1) An agreement—

(a) under which accommodation is provided to a person as a result of a
10duty imposed on a relevant NHS body by an enactment, and

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

(2) “Relevant NHS body” means—

(a) in relation to England—

(i) a clinical commissioning group, or

(ii) 15the National Health Service Commissioning Board;

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

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

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

20Hostels

5 (1) An agreement that grants a right of occupation of accommodation in a
hostel.

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

(3) The first condition is that the building is used for providing to persons
25generally, or to a class of persons—

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

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

(4) 30The second condition is that any of the following applies in relation to the
building—

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

(b) it is not operated on a commercial basis and its costs of operation are
provided wholly or in part by a government department or agency,
35or by a local authority;

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

(5) In this paragraph—

• “government department” includes—

  (a)

  any part of the Scottish Administration;

  (b)

  40a Northern Ireland department;

  (c)

  the Welsh Assembly Government;

  (d)

  any body or authority exercising statutory functions on
  behalf of the Crown;

• “registered housing association” means—

  Immigration BillPage 56

  (a)

  a private registered provider of social housing;

  (b)

  a registered social landlord within the meaning of Part 1 of
  the Housing Act 1996 or section 165 of the Housing
  (Scotland) Act 2010;

  (c)

  5a housing association which is registered in a register
  maintained under Article 14 of the Housing (Northern
  Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15)S.I. 1992/1725 (N.I. 15));

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

10Accommodation from or involving local authorities

6 (1) An agreement—

(a) under which accommodation is provided to a person as a result of a
duty or relevant power that is imposed or conferred on a local
authority by an enactment (whether or not provided by the local
15authority), and

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

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

(3) 20In sub-paragraph (2) the references to a person who is homeless or is
threatened with homelessness is to be read in accordance with—

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

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

(c) 25in relation to Northern Ireland, Article 3 of the Housing (Northern
Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)S.I. 1988/1990 (N.I. 23)).

Accommodation provided by virtue of immigration provisions

7 An agreement granting a right of occupation of accommodation that is
provided to an individual by virtue of any of the following provisions of the
30Immigration and Asylum Act 1999—

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

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

(c) section 98 (provision of temporary support to asylum seekers etc).

35Mobile homes

8 An agreement to which the Mobile Homes Act 1983 applies.

Tied accommodation

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

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

(a) 40by an employer to an employee in connection with a contract of
employment, or

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

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

Student accommodation

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

(a) 5comprises a hall of residence predominantly for the accommodation
of students, and

(b) satisfies either of the following conditions.

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

(a) 10an institution within the meaning of paragraph 5 of Schedule 1 to the
Local Government Finance Act 1992;

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

(c) a body established for charitable purposes only.

(3) 15The second condition is that the building is the subject of one or more
agreements allowing one or more institutions or bodies of the kind
mentioned in sub-paragraph (2) to nominate the majority of the persons who
are to occupy the accommodation provided in the hall of residence.

(4) In this paragraph “student”—

(a) 20in relation to England and Wales or Scotland, has the same meaning
as in paragraph 4 of Schedule 1 to the Local Government Finance Act
1992;

(b) in relation to Northern Ireland, means a person who satisfies such
conditions as to education or training as may be specified in
25regulations made under Article 42(2A) of the Rates (Northern
Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28)S.I. 1977/2157 (N.I. 28)).

Long leases

11 (1) An agreement that—

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

(b) 30grants a right of occupation for a term of 7 years or more.

(2) “Long lease” means—

(a) in relation to England and Wales, a lease which is a long lease for the
purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing
and Urban Development Act 1993 or which, in the case of a shared
35ownership lease (within the meaning given by section 7(7) of that
Act), would be such a lease if the tenant’s total share (within the
meaning given by that section) were 100 per cent;

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

(3) 40An agreement does not grant a right of occupation for a term of 7 years or
more if the agreement can be terminated at the option of a party before the
end of 7 years from the commencement of the term.

Interpretation

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

(2) “Enactment” includes—

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

(b) an enactment contained in, or in an instrument made under, an Act
5of the Scottish Parliament;

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

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

(3) 10“Local authority” means—

(a) in relation to England—

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

(ii) a London borough council,

(iii) the Common Council of the City of London in its capacity as
15a local authority, or

(iv) the Council of the Isles of Scilly;

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

(c) in relation to Scotland, a council constituted under section 2 of the
20Local Government etc (Scotland) Act 1994;

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

Section 47

SCHEDULE 4 25Referral of proposed marriages and civil partnerships in England and Wales

Part 1 Marriage

Introduction

1 The Marriage Act 1949 is amended in accordance with this Part of this
30Schedule.

Supply of additional information and evidence

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

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

(3) 35In subsection (4), for “27A” substitute “27ZA”.

3 (1) After section 27 insert—

27ZA   Entry of particulars in notice book: compliance with requirements

The superintendent registrar shall not enter the particulars relating
to a marriage in the marriage notice book in accordance with section

27(4), or in an approved electronic form by virtue of section 27(4A),
in a case where any of the following requirements is applicable but
is not complied with—

(a) a requirement imposed by or under any of the following
5provisions of this Act—

• section 27A(2) or (3);

• section 27A(4);

• section 27B(2);

• section 27D(2);

• 10section 27E(2) to (6)

• section 27E(8);

• section 28A;

• section 28B(1);

• section 28C(2) to (4);

(b) 15the requirement imposed by section 19(2) of the Asylum and
Immigration (Treatment of Claimants, etc) Act 2004.”.

(2) Omit section 27A(5).

4 After section 27D insert—

“27E Additional information if party not relevant national

(1) 20This section applies to notice of marriage given to a superintendent
registrar in accordance with section 27 if one, or each, of the parties
to the proposed marriage is not a relevant national.

(2) For each party to the proposed marriage who is not a relevant
national, the notice must include whichever of statements A, B or C
25is applicable to that person.

(3) Statement A is a statement that the person has the appropriate
immigration status.

(4) Statement B is a statement that the person holds a relevant visa in
respect of the proposed marriage.

(5) 30Statement C is a statement that the person neither—

(a) has the appropriate immigration status, nor

(b) holds a relevant visa in respect of the proposed marriage.

(6) The notice must be accompanied by the details, photographs or
addresses referred to in an entry in the first column of this table if the
35notice contains the statement, or one of the statements, referred to in
the corresponding entry in the second column—

(7) If the notice includes statement C for a party to the proposed
10marriage—

(a) the notice may be accompanied by a statement (“statement
D”) of that person’s immigration position in the United
Kingdom;

(b) if the notice is accompanied by statement D for a party to the
15proposed marriage, the person may provide the
superintendent registrar with details of his or her
immigration position in the United Kingdom; and

(c) if any such details are provided, the superintendent registrar
must record them.

(8) 20For each party to the proposed marriage who is not a relevant
national, the notice must be accompanied by a statement of—

(a) any names (other than the name stated in the notice in
accordance with section 27(3)) previously used by that
person, and

(b) 25any aliases previously or currently used by that person.

(9) In this section—

(a) a reference—

(i) to a person having the appropriate immigration
status, or

(ii) 30to a person holding a relevant visa,

has the same meaning as in section 44 of the Immigration Act
2014;

(b) a reference to the particular immigration status which a
person has is a reference to the immigration status set out in
35any of paragraphs (a) to (c) of section 44(2) of that Act which
the person has;

(c) a reference to a person’s immigration position in the United
Kingdom includes a reference to the person’s not being
entitled to be in the United Kingdom.

(10) In this section—

• “specified photograph” means a photograph that is in
  accordance with regulations made under section 28G (and
  for this purpose “photograph” includes other kinds of
  5images);

• “stated place of residence” means the place of residence of a
  person stated in a notice of marriage in accordance with
  section 27(3).”.

5 In section 28 (declaration to accompany notice of marriage), in subsection
10(1), after paragraph (c) insert—

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

6 (1) Section 28A (power to require evidence) is amended in accordance with this
15paragraph.

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

(3) Omit subsection (1).

(4) In subsection (2), for the words before “may” substitute “A requirement
20under subsection (1A)”.

(5) Omit subsection (3)

7 After section 28A insert—

“28B Provision of evidence

(1) A notice of marriage under section 27 must, in relation to each of the
25parties to the marriage, be accompanied by specified evidence of the
following matters—

(a) the person’s name and surname;

(b) the person’s date of birth;

(c) the person’s place of residence;

(d) 30the person’s nationality.

(2) A person giving a notice of marriage under section 27 must provide
the superintendent registrar to whom the notice is given with
specified evidence—

(a) as to whether the person has previously been married or
35formed a civil partnership; and

(b) if so, as to the ending of the marriage or civil partnership.

(3) In this section “specified evidence” means evidence that is in
accordance with regulations made under section 28G.

28C Additional evidence if party not relevant national

(1) 40This section applies to notice of marriage given to a superintendent
registrar in accordance with section 27 if one, or each, of the parties
to the proposed marriage is not a relevant national.

(2) If the notice includes statement A (referred to in section 27E(3)), and
accordingly is accompanied by details of the particular immigration

status which a party to the proposed marriage has, the notice must
be accompanied by specified evidence of that status.

(3) If the notice includes statement B (referred to in section 27E(4)), the
notice must be accompanied by specified evidence of the holding of
5the relevant visa by the party to the proposed marriage.

(4) If, in accordance with section 27E(6), the notice is accompanied by
the usual address of a party to the proposed marriage, the notice
must also be accompanied by specified evidence that it is that party’s
usual address.

(5) 10If the notice includes statement D (referred to in section 27E(7)), the
notice may be accompanied by evidence of the person’s immigration
position in the United Kingdom.

(6) In this section “specified evidence” means evidence that is in
accordance with regulations made under section 28G.

28D 15Change of usual address or UK contact address

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

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

(b) 20notice of a UK contact address, if the person’s notified usual
address is not in the United Kingdom;

(c) notice of a person’s UK contact address, if the person’s
notified UK contact address changes;

(d) evidence of any address notified in accordance with
25regulations under paragraph (a), (b) or (c).

(2) The provision that may be made in regulations under this section
includes—

(a) provision imposing a requirement on a person;

(b) provision about the rejection of information or evidence
30which there are reasonable grounds to suspect to be false.

(3) Regulations under subsection (1)(d) may, in particular, make any
provision of the kind that may be made under section 28G(3).

(4) Regulations under this section are to be made by statutory
instrument; and a statutory instrument containing such regulations
35is subject to annulment in pursuance of a resolution of either House
of Parliament.

(5) In this section—

• “notified UK contact address” means an address in the United
  Kingdom, at which a person can be contacted by post, that
  40has been notified in accordance with—

  (a)

  section 27E(6), or

  (b)

  regulations under this section;

• “notified usual address” means the usual address of a person
  that has been notified in accordance with—

  (a)

  45section 27E(6), or

  (b)

  regulations under this section.

28E Rejection of false information or evidence

(1) A superintendent registrar may reject—

(a) any information or photograph provided under section 27 or
27E, or

(b) 5any evidence provided under section 28A, 28B or 28C,

if (in particular) the superintendent registrar has reasonable grounds
for suspecting that the information, photograph or evidence is false.

(2) If the superintendent registrar rejects any information, photograph
or evidence, the superintendent registrar may proceed under this
10Act as if the rejected information, photograph or evidence had not
been provided.

(3) This section does not limit the powers of superintendent registrars to
reject anything provided under any other enactment.

28F Amendment of notice and evidence provisions

(1) 15The Secretary of State may by order—

(a) amend section 27 or 27E so as to vary the information that
must or may be given in cases where that section applies;

(b) amend section 28B or 28C so as to vary the matters in respect
of which evidence must or may be given in cases where that
20section applies;

(c) make such provision (including provision amending section
27ZA, 28D or 28G or any other enactment) as the Secretary of
State considers appropriate in consequence of provision
made under paragraph (a) or (b).

(2) 25The Secretary of State must consult the Registrar General before
making an order under this section.

(3) An order under this section is to be made by statutory instrument;
and no statutory instrument containing such an order may be made
unless a draft of it has been laid before, and approved by resolution
30of, each House of Parliament.

28G Specified evidence

(1) The Registrar General may make regulations about the evidence that
is required to be given for the purposes of section 8, 16 or 28B.

(2) The Secretary of State may make regulations about the evidence that
35is required to be given for the purposes of section 28C.

(3) Regulations under this section may, in particular, make provision
about—

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

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

(c) 40the manner in which evidence is to be supplied;

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

(e) the supply of further evidence;

(f) the sufficiency of evidence supplied;

(g) the consequences of failing to supply sufficient evidence in
45accordance with the regulations (including provision to

secure that, in such a case, a particular decision is made or is
to be treated as having been made);

(h) the retention or copying of evidence supplied.

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

(e) 5the supply of further evidence;

(f) the sufficiency of evidence supplied;

(g) the consequences of failing to supply sufficient evidence in
accordance with the regulations (including provision to

secure that, in such a case, a particular decision is made or is
to be treated as having been made);

(h) the retention or copying of evidence supplied.

(4) In this section “evidence” includes a photograph or other image.

(5) 5The Secretary of State must consult the Registrar General before
making regulations under this section.

(6) The Registrar General must obtain the approval of the Secretary of
State before making regulations under this section.

(7) Regulations under this section are to be made by statutory
10instrument.

(8) A statutory instrument containing regulations under this section
made by the Secretary of State is subject to annulment in pursuance
of a resolution of either House of Parliament.”.

Referral to Secretary of State

8 15After section 28G insert—

“28H Referral of proposed marriage to Secretary of State

(1) On every occasion when notice of marriage is given under section 27,
a superintendent registrar must decide whether or not each of the
parties to the proposed marriage is an exempt person.

(2) 20But this section does not apply if section 39A applies to the proposed
marriage.

(3) In making a decision under subsection (1) about a party to a
proposed marriage, a superintendent registrar may rely on any
advice given in relation to that decision by the Secretary of State.

(4) 25In a case where—

(a) section 27E applies to the notice of marriage, and

(b) specified evidence required by section 28C(2) or (3) is not
produced in accordance with that section,

the superintendent registrar must decide that any party to the
30proposed marriage who is not a relevant national is not an exempt
person.

(5) If the superintendent registrar decides that either of the parties is not
an exempt person, or that both of the parties are not exempt persons,
the superintendent registrar must—